Page:United States Statutes at Large Volume 110 Part 2.djvu/216

 110 STAT. 1321-69 PUBLIC LAW 104-134—APR. 26, 1996 "(A)(i) beginning on the 30th day after such motion is filed, in the case of a motion made under paragraph (1) or (2) of subsection (b); or "(ii) beginning on the 180th day after such motion is filed, in the case of a motion made under any other law; and "(B) ending on the date the court enters a final order ruling on the motion. "(0 SPECIAL MASTERS.— "(1) IN GENERAL. — (A) In any civil action in a Federal court with respect to prison conditions, the court may appoint a special master who shall be disinterested and objective and who will give due regard to the public safety, to conduct hearings on the record and prepare proposed findings of fact. "(B) The court shall appoint a special master under this subsection during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment. "(2) APPOINTMENT.— (A) If the court determines that the appointment of a special master is necessary, the court shall request that the defendant institution and the plaintiff each submit a list of not more than 5 persons to serve as a special master. "(B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list. "(C) The court shall select the master from the persons remaining on the list after the operation of subparagraph (B). "(3) INTERLOCUTORY APPEAL.— Any party shall have the right to an interlocutory appeal of the judge's selection of the special master under this subsection, on the ground of partiality. "(4) COMPENSATION.—The compensation to be allowed to a special master under this section shall be based on an hourly rate not greater than the hourly rate established under section 3006A for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the Judiciary. "(5) REGULAR REVIEW OF APPOINTMENT.— In any civil action with respect to prison conditions in which a special master is appointed under this subsection, the court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief. "(6) LIMITATIONS ON POWERS AND DUTIES.—^A special master appointed under this subsection— "(A) may be authorized by a court to conduct hearings and prepare proposed findings of fact, which shall be made on the record; "(B) shall not make any findings or communications ex parte; "(C) may be authorized by a court to assist in the development of remedial plans; and "(D) may be removed at any time, but shall be relieved of the appointment upon the termination of relief. "(g) DEFINITIONS. — As used in this section—

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