Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a 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 is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree.
Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right.
Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing.
Addresses compensation and termination of special masters overseeing consent decrees.
Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 489 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 489
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2005
Mr. Alexander (for himself, Mr. Kyl, and Mr. Cornyn) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Consent Decree Fairness
Act''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Consent decrees are for remedying violations of rights,
and they should not be used to advance any policy extraneous to
the protection of those rights.
(2) Consent decrees are also for protecting the party who
faces injury and should not be expanded to apply to parties not
involved in the litigation.
(3) In structuring consent decrees, courts should take into
account the interests of State and local governments in
managing their own affairs.
(4) Consent decrees should be structured to give due
deference to the policy judgments of State and local officials
as to how to obey the law.
(5) Whenever possible, courts should not impose consent
decrees that require technically complex and evolving policy
choices, especially in the absence of judicially discoverable
and manageable standards.
(6) Consent decrees should not be unlimited, but should
contain an explicit and realistic strategy for ending court
supervision.
SEC. 3. LIMITATION ON CONSENT DECREES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Consent decrees
``(a) Definitions.--In this section:
``(1) The term `consent decree'--
``(A) means any final order imposing injunctive
relief against a State or local government or a State
or local official sued in their official capacity
entered by a court of the United States that is based
in whole or part upon the consent or acquiescence of
the parties;
``(B) does not include private settlements; and
``(C) does not include any final order entered by a
court of the United States to implement a plan to end
segregation of students or faculty on the basis of
race, color, or national origin in elementary schools,
secondary schools, or institutions of higher education.
``(2) The term `special master' means any person,
regardless of title or description given by the court, who is
appointed by a court of the United States under rule 53 of the
Federal Rules of Civil Procedure, rule 48 of the Federal Rules
of Appellate Procedure, or similar Federal law.
``(b) Limitation on Duration.--
``(1) In general.--A State or local government or a State
or local official, or their successor, sued in their official
capacity may file a motion under this section with the court
that entered a consent decree to modify or vacate the consent
decree upon the earlier of--
``(A) 4 years after a consent decree is originally
entered by a court of the United States, regardless if
the consent decree has been modified or reentered
during that period; or
``(B) in the case of a civil action in which--
``(i) a State is a party (including an
action in which a local government is also a
party), the expiration of the term of office of
the highest elected State official who
authorized the consent of the State in the
consent decree; or
``(ii) a local government is a party and
the State encompassing the local government is
not a party, the expiration of the term of
office of the highest elected local government
official who authorized the consent of the
local government to the consent decree.
``(2) Burden of proof.--With respect to any motion filed
under paragraph (1), the burden of proof shall be on the party
who originally filed the civil action to demonstrate that the
continued enforcement of a consent decree is necessary to
uphold a Federal right.
``(3) Ruling on motion.--Not later than 90 days after the
filing of a motion under this subsection, the court shall rule
on the motion.
``(4) Effect pending ruling.--If the court has not ruled on
the motion to modify or vacate the consent decree during the
90-day period described under paragraph (3), the consent decree
shall have no force or effect for the period beginning on the
date following that 90-day period through the date on which the
court enters a ruling on the motion.
``(c) Special Masters.--
``(1) Compensation.--The compensation to be allowed to a
special master overseeing any consent decree under this section
shall be based on an hourly rate not greater than the hourly
rate established under section 3006A of title 18, for payment
of court-appointed counsel, plus costs reasonably incurred by
the special master.
``(2) Termination.--In no event shall the appointment of a
special master extend beyond the termination of the relief
granted in the consent decree.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding at
the end the following:
``Sec. 1660. Consent decrees.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act and apply to all consent decrees regardless of--
(1) the date on which the final order of a consent decree
is entered; or
(2) whether any relief has been obtained under a consent
decree before the date of enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1877)
Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-181.
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