I 

109TH CONGRESS 

1ST SESSION H. R. 1229 

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 HOUSE OF REPRESENTATIVES 

MARCH 10, 2005 

Mr. BLUNT (for himself, Mr. COOPER, Mrs. BLACKBURN, Mr. CHABOT, Mr. 

DAVIS of Tennessee, Mr. DELAY, Mr. FORD, Mr. FRANKS of Arizona, 

Mr. GORDON, Mr. JONES of North Carolina, Mr. MATHESON, Mr. TANNER, Mr. WAMP, and Mr. WESTMORELAND) introduced the following bill; 

which was 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Consent De5 cree Fairness Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) Consent decrees are made for remedying 

2 violations of rights, and they should not be used to 

3 advance any policy extraneous to the protection of 

4 those rights. 

5 (2) Consent decrees are also made for pro6 tecting the party who faces imminent injury and 

7 should not be expanded to apply to parties not in8 volved in the litigation. 

9 (3) In structuring consent decrees, courts 

10 should take into account the interests of State and 

11 local governments in managing their own affairs. 

12 (4) Consent decrees should, whenever possible, 

13 be structured to give due deference to the policy 

14 judgments of State and local officials as to how to 

15 obey the law. 

16 (5) Courts should not impose consent decrees 

17 that require technically complex and evolving policy 

18 choices, especially in the absence of judicially discov19 erable and manageable standards. 

20 (6) Consent decrees should not be unlimited, 

21 but should contain an explicit and realistic strategy 

22 for ending court supervision. 
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1 SEC. 3. LIMITATION ON CONSENT DECREES. 

2 (a) IN GENERAL.—Chapter 111 of title 28, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 1660. Consent decrees 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘consent decree’— 

8 ‘‘(A) means any final order that imposes 

9 injunctive relief against a State or local govern10 ment, or a State or local official sued in his or 

11 her official capacity, is entered by a court of the 

12 United States, and is based in whole or part 

13 upon the consent or acquiescence of the parties; 

14 ‘‘(B) does not include private settlements; 

15 and 

16 ‘‘(C) does not include any final order en17 tered by a court of the United States— 

18 ‘‘(i) to implement a plan to end seg19 regation of students or faculty on the basis 

20 of race, color, or national origin in elemen21 tary schools, secondary schools, or institu22 tions of higher education; or 

23 ‘‘(ii) to remedy discrimination on the 

24 basis of race in an action brought under 

25 title VI or VII of the Civil Rights Act of 

26 1964. 
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1 ‘‘(2) The term ‘special master’ means any per2 son, regardless of title or description given by the 

3 court, who is appointed by a court of the United 

4 States under rule 53 of the Federal Rules of Civil 

5 Procedure, rule 48 of the Federal Rules of Appellate 

6 Procedure, or similar Federal law. 

7 ‘‘(b) LIMITATION ON DURATION.— 

8 ‘‘(1) IN GENERAL.—A State or local govern9 ment, or a State or local official sued in his or her 

10 official capacity, or a successor to such official, may 

11 file a motion under this section with the court that 

12 entered a consent decree to modify or vacate the 

13 consent decree upon the earlier of— 

14 ‘‘(A) 4 years after a consent decree is 

15 originally entered by a court of the United 

16 States, regardless of whether the consent decree 

17 has been modified or reentered during that pe18 riod; or 

19 ‘‘(B) in the case of a civil action in 

20 which— 

21 ‘‘(i) a State is a party (including an 

22 action in which a local government is also 

23 a party), the expiration of the term of of24 fice of the highest elected State official 
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1 who authorized the consent of the State in 

2 the consent decree; or 

3 ‘‘(ii) a local government is a party and 

4 the State encompassing the local govern5 ment is not a party, the expiration of the 

6 term of office of the highest elected local 

7 government official who authorized the 

8 consent of the local government to the con9 sent decree. 

10 ‘‘(2) BURDEN OF PROOF.—With respect to any 

11 motion filed under paragraph (1), the burden of 

12 proof shall be on the party who originally filed the 

13 civil action to demonstrate that the continued en14 forcement of a consent decree is necessary to uphold 

15 a Federal right. 

16 ‘‘(3) RULING ON MOTION.—Not later than 90 

17 days after the filing of a motion under this sub18 section, the court shall rule on the motion. 

19 ‘‘(4) EFFECT PENDING RULING.—If the court 

20 has not ruled on the motion to modify or vacate the 

21 consent decree during the 90-day period described 

22 under paragraph (3), the consent decree shall have 

23 no force or effect for the period beginning on the 

24 date following that 90-day period through the date 

25 on which the court enters a ruling on the motion. 
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1 ‘‘(c) SPECIAL MASTERS.— 

2 ‘‘(1) COMPENSATION.—The compensation to be 

3 allowed to a special master overseeing any consent 

4 decree under this section shall be based on an hourly 

5 rate not greater than the hourly rate established 

6 under section 3006A of title 18, for payment of 

7 court-appointed counsel, plus costs reasonably in8 curred by the special master. 

9 ‘‘(2) TERMINATION.—In no event shall the ap10 pointment of a special master extend beyond the ter11 mination of the relief granted in the consent de12 cree.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of sections for chapter 111 of title 28, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

‘‘1660. Consent decrees.’’. 

17 SEC. 4. EFFECTIVE DATE. 

18 The amendments made by this Act shall take effect 

19 on the date of enactment of this Act and apply to all con20 sent decrees regardless of— 

21 (1) the date on which the final order of a con22 sent decree is entered; or 
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1 (2) whether any relief has been obtained under 

2 a consent decree before the date of enactment of this 

3 Act. 

Æ