Federal Consent Decree Fairness Act

To amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes.

11/1/2007--Introduced.
Federal Consent Decree Fairness Act - Amends the federal judicial code to authorize any state or local government or related official (or successor) to file a motion to modify or terminate a federal consent decree upon the earlier of:
(1) four years after the consent decree is originally entered; or
(2) in the case of a civil action in which a state or state official, or a local government or local government official, is a party, the expiration of the term of office of the highest state or local government official who was a party to the consent decree; or
(3) the date otherwise provided by law. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that the denial of the motion to modify or terminate a consent decree (or any part of it) is necessary to prevent the violation of a federal requirement that:
(1) was actionable by such party; and
(2) was addressed in the original consent decree. Requires a court, within 30 days after the filing of a motion, to enter a scheduling order that:
(1) limits the time of the parties to file motions and complete discovery; and
(2) sets the date or dates of any necessary hearings. Authorizes a court to stay the injunctive or prospective relief set forth in the consent decree if a party opposing the motion to modify or terminate it seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days of its filing. Requires the Attorney General to report annually to Congress on all consent decrees in which the United States is a party that were entered four or more years before the date of the report.


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Sponsor

• Rep. Roy Blunt [R, MO-7]
• and 15 Co-Sponsors
  • Rep. Robert Aderholt [R, AL-4]
  • Rep. W. Todd Akin [R, MO-2]
  • Rep. Spencer Bachus [R, AL-6]
  • Rep. Marsha Blackburn [R, TN-7]
  • Rep. Jim Cooper [D, TN-5]
  • Rep. David Davis [R, TN-1]
  • Rep. Lincoln Davis [D, TN-4]
  • Rep. John Duncan [R, TN-2]
  • Rep. Terry Everett [R, AL-2]
  • Rep. Barton Gordon [D, TN-6]
  • Rep. Ronald Paul [R, TX-14]
  • Rep. Ted Poe [R, TX-2]
  • Rep. Lamar Smith [R, TX-21]
  • Rep. John Tanner [D, TN-8]
  • Rep. Zach Wamp [R, TN-3]
  close

Committees

• House Judiciary
• 1 more
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.4041

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
November 01, 2007

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All Bill Actions

• Dec 03, 2007: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
• Nov 01, 2007: Referred to the House Committee on the Judiciary.
• Introduced on Nov 01, 2007.

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Related Bills:

• S.2289

Related Issue Areas:

• State officials
• State and local government
• Local officials
• Injunctions
• 7 more
• Government employees
• Evidence (Law)
• Consent decrees
• Congressional reporting requirements
• Congress
• Actions and defenses
• Law

Data from the Congressional Research Service

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Blog Coverage

November 02, 2007 House Dem, GOPer Team To Curb Consent Decrees

... with Disabilities Education Act, Blunt says. The legislation introduced by Blunt and Cooper, HR 4041, was referred to the House Judiciary Committee for further consideration. Watch more breaking news now on our video feed: ...

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October 31, 2007 Bill Action: Introduced: HR 4041: To amend chapter 111 of title 28 ...

Roy Blunt [R-MO] introduced HR 4041: To amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes. ...

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October 31, 2007 HR 4041, To amend chapter 111 of title 28, United States Code, to ...

HR 4041 would amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party.... Vote on This Bill: For | Against.

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