Federal Consent Decree Fairness Act
Latest action · Dec 3, 2007 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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.
- IntroducedNov 1, 2007
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 15
Members who signed on, in the order they did. Signatures ran from Nov 1, 2007 to Dec 12, 2007; 14 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-TN | Bart Gordon | Original | Nov 1, 2007 |
| R-TN | David Davis | Original | Nov 1, 2007 |
| D-TN | Jim Cooper | Original | Nov 1, 2007 |
| R-TN | John J. Duncan, Jr. | Original | Nov 1, 2007 |
| D-TN | John S. Tanner | Original | Nov 1, 2007 |
| R-TX | Lamar Smith | Original | Nov 1, 2007 |
| D-TN | Lincoln Davis | Original | Nov 1, 2007 |
| R-TN | Marsha Blackburn | Original | Nov 1, 2007 |
| R-AL | Robert B. Aderholt | Original | Nov 1, 2007 |
| R-TX | Ron Paul | Original | Nov 1, 2007 |
| R-TX | Ted Poe | Original | Nov 1, 2007 |
| R-AL | Terry Everett | Original | Nov 1, 2007 |
| R-MO | W. Todd Akin | Original | Nov 1, 2007 |
| R-TN | Zach Wamp | Original | Nov 1, 2007 |
| R-AL | Spencer Bachus | Dec 12, 2007 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Nov 1, 2007 |
| Crime and Federal Government Surveillance Subcommittee | Referred Dec 3, 2007 |
Actions 3
Everything that happened, newest first.
- Dec 3, 2007Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
- Nov 1, 2007Introduced in House
- Nov 1, 2007Referred to the House Committee on the Judiciary.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 2289 | Federal Consent Decree Fairness Act | Identical bill | Nov 1, 2007 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Nov 1, 2007Introduced in House
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.
