S 489 · 109th Congress 2005–2007, ended

Federal Consent Decree Fairness Act

Latest action · Jul 19, 2005 Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-181.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 1, 2005
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Cosponsors 26

Members who signed on, in the order they did. Signatures ran from Mar 1, 2005 to Jul 27, 2006; 2 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-TXJohn CornynOriginalMar 1, 2005
R-AZJon KylOriginalMar 1, 2005
D-NEBen NelsonMar 2, 2005
D-ARMark L. PryorMar 2, 2005
R-ORGordon H. SmithMar 4, 2005
R-OKJames M. InhofeMar 4, 2005
R-VAJohn WarnerMar 4, 2005
R-TXKay Bailey HutchisonMar 4, 2005
R-IDLarry E. CraigMar 4, 2005
R-KYMitch McConnellMar 4, 2005
R-KSPat RobertsMar 4, 2005
R-NMPete V. DomeniciMar 4, 2005
R-PARick SantorumMar 4, 2005
R-UTRobert F. BennettMar 4, 2005
R-MSThad CochranMar 4, 2005
R-MSTrent LottMar 4, 2005
R-GASaxby ChamblissMar 9, 2005
R-NHJudd GreggMar 10, 2005
R-SCLindsey GrahamMar 10, 2005
R-NVJohn EnsignMar 14, 2005
R-GAJohnny IsaksonMar 14, 2005
R-MTConrad R. BurnsApr 5, 2005
R-UTOrrin G. HatchApr 11, 2005
R-AKLisa MurkowskiJun 7, 2005
R-SDJohn ThuneJul 21, 2005
R-NHJohn E. SununuJul 27, 2006

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateJudiciary Committee
Referred Mar 2, 2005Hearings Jul 19, 2005

Actions 3

Everything that happened, newest first.

  1. Jul 19, 2005Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-181.
  2. Mar 1, 2005Introduced in Senate
  3. Mar 1, 2005Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1877)

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S3414Lamar Alexander R-TNApr 24, 2006
SenateDebate and remarks S3342Lamar Alexander R-TNApr 7, 2005
SenateDebate and remarks S2063–S2069Christopher J. Dodd D-CT, Jeff Sessions R-AL, Jon Kyl R-AZ, Lamar Alexander R-TNMar 4, 2005
SenateText printed S1877Lamar Alexander R-TN (text)Mar 1, 2005

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Printed hearings 4

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 109-649CONCURRENT RESOLUTION ON THE BUDGET FISCAL YEAR 2007527 pagesBudget CommitteeFeb 2, 2006–Mar 2, 2006
S. Hrg. 109-181A REVIEW OF FEDERAL CONSENT DECREES115 pagesJudiciary CommitteeJul 19, 2005
Serial No. 109-43FEDERAL CONSENT DECREE FAIRNESS ACT96 pagesJudiciary CommitteeJun 21, 2005
Serial No. 109-3CHILD INTERSTATE ABORTION NOTIFICATION ACT80 pagesJudiciary CommitteeMar 3, 2005

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 1229Federal Consent Decree Fairness ActRelated billJun 13, 2006

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
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.
Short Titles as Introduced
Federal Consent Decree Fairness Act

Subjects

Assigned by the Library of Congress. Policy area: Law.

Text 1

Each version as it was printed, newest first.

  1. Mar 1, 2005Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.