SEC. 2. FINDINGS. 
Congress finds that the United States Supreme 
Court, in its unanimous decision in Frew v. Hawkins, 540 
U.S. 431 (2004), found the following: 
(1) Consent decrees may ‘‘lead to federal court 
oversight of state programs for long periods of time 
even absent an ongoing violation of federal law,’’. 
540 U.S. 431, 441. 
(2) ‘‘If not limited to reasonable and necessary 
implementations of federal law, remedies outlined in 
consent decrees involving state officeholders may im-
properly deprive future officials of their designated 
legislative and executive powers.’’. 540 U.S. 431, 
441. 
(3) ‘‘The federal court must exercise its equi-
table powers to ensure that when the objects of the 
decree have been attained, responsibility for dis-
charging the State’s obligations is returned promptly 
to the State and its officials.’’. 540 U.S. 431, 442. 
(4) ‘‘As public servants, the officials of the 
State must be presumed to have a high degree of 
competence in deciding how best to discharge their 
governmental responsibilities.’’. 540 U.S. 431, 442. 
(5) ‘‘A State, in the ordinary course, depends 
upon successor officials, both appointed and elected, 
to bring new insights and solutions to problems of 
VerDate Mar 15 2010 
01:21 Sep 28, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3041.IH
H3041
tjames on DSK6SPTVN1PROD with BILLS
allocating revenues and resources. The basic obliga-
tions of federal law may remain the same, but the 
precise manner of their discharge may not.’’. 540 
U.S. 431, 442. 
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 fol-
lowing: 
‘‘§ 1660. Consent decrees 
‘‘(a) DEFINITION.—In this section, the term ‘consent 
decree’— 
‘‘(1) means any order imposing injunctive or 
other prospective relief against a State or local gov-
ernment, or a State or local official against whom 
suit is brought, that is entered by a court of the 
United States and is based in whole or part upon 
the consent or acquiescence of the parties; and 
‘‘(2) does not include— 
‘‘(A) any private settlement agreement; 
‘‘(B) any order arising from an action filed 
against a government official that is unrelated 
to his or her official duties; 
‘‘(C) any order entered by a court of the 
United States to implement a plan to end seg-
regation of students or faculty on the basis of 
VerDate Mar 15 2010 
01:21 Sep 28, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3041.IH
H3041
tjames on DSK6SPTVN1PROD with BILLS
race, color, or national origin in elementary 
schools, secondary schools, or institutions of 
higher education; and 
‘‘(D) any order entered in any action in 
which one State is an adverse party to another 
State. 
‘‘(b) LIMITATION ON DURATION.— 
‘‘(1) IN GENERAL.—A State or local govern-
ment, or a State or local official who is a party to 
a consent decree (or the successor to that individual) 
may file a motion under this section with the court 
that entered the consent decree to modify or termi-
nate the consent decree upon the earliest of— 
‘‘(A) 4 years after the consent decree is 
originally entered by a court of the United 
States, regardless of whether the consent decree 
has been modified or reentered during that pe-
riod; 
‘‘(B) in the case of a civil action in which 
a State or an elected State official is a party, 
the date of expiration of the term of office of 
the highest elected State official who is a party 
to the consent decree; 
‘‘(C) in the case of a civil action in which 
a local government or elected local government 
VerDate Mar 15 2010 
01:21 Sep 28, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3041.IH
H3041
tjames on DSK6SPTVN1PROD with BILLS
official is a party, the date of expiration of the 
term of office of the highest elected local gov-
ernment official who is a party to the consent 
decree; 
‘‘(D) in the case of a civil action in which 
the consent to the consent decree was author-
ized by an appointed State or local official, the 
date of expiration of the term of office of the 
elected official who appointed that State or 
local official, or the highest elected official in 
that State or local government; or 
‘‘(E) the date otherwise provided by law. 
‘‘(2) BURDEN OF PROOF.— 
‘‘(A) IN GENERAL.—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 denial 
of the motion to modify or terminate the con-
sent decree or any part of the consent decree is 
necessary to prevent the violation of a require-
ment of Federal law that— 
‘‘(i) was actionable by such party; and 
‘‘(ii) was addressed in the consent de-
cree. 
VerDate Mar 15 2010 
01:21 Sep 28, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3041.IH
H3041
tjames on DSK6SPTVN1PROD with BILLS
‘‘(B) FAILURE
TO
MEET
BURDEN
OF 
PROOF.—If a party fails to meet the burden of 
proof described in subparagraph (A), the court 
shall terminate the consent decree. 
‘‘(C) 
SATISFACTION
OF
BURDEN
OF 
PROOF.—If a party meets the burden of proof 
described in subparagraph (A), the court shall 
ensure that any remaining provisions of the 
consent decree represent the least restrictive 
means by which to prevent such a violation. 
‘‘(3) RULING ON MOTION.— 
‘‘(A) IN GENERAL.—The court shall rule 
expeditiously on a motion filed under this sub-
section. 
‘‘(B) SCHEDULING
ORDER.—Not later 
than 30 days after the filing of a motion under 
this subsection, the court shall enter a sched-
uling order that— 
‘‘(i) limits the time of the parties to— 
‘‘(I) file motions; and 
‘‘(II) complete any required dis-
covery; and 
‘‘(ii) sets the date or dates of any 
hearings determined necessary. 
VerDate Mar 15 2010 
01:21 Sep 28, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3041.IH
H3041
tjames on DSK6SPTVN1PROD with BILLS
‘‘(C) STAY OF INJUNCTIVE OR PROSPEC-
TIVE RELIEF.—In addition to any other orders 
authorized by law, the court may stay the in-
junctive or prospective relief set forth in the 
consent decree in an action under this sub-
section if a party opposing the motion to modify 
or terminate the consent decree seeks any con-
tinuance or delay that prevents the court from 
entering a final ruling on the motion within 180 
days after the date on which the motion is filed. 
‘‘(c) OTHER FEDERAL COURT REMEDIES.—The pro-
visions of this section shall not be interpreted to prohibit 
a Federal court from entering a new order for injunctive 
or prospective relief to the extent that it is otherwise au-
thorized by Federal law. 
‘‘(d) AVAILABLE STATE COURT REMEDIES.—The 
provisions of this section shall not prohibit the parties to 
a consent decree from seeking appropriate relief under 
State law.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 111 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘1660. Consent decrees.’’. 
SEC. 4. GENERAL PRINCIPLES. 
(a) NO EFFECT ON OTHER LAWS RELATING TO 
MODIFYING OR VACATING CONSENT DECREES.—Nothing 
VerDate Mar 15 2010 
01:21 Sep 28, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3041.IH
H3041
tjames on DSK6SPTVN1PROD with BILLS
in the amendments made by section 3 shall be construed 
to preempt or modify any other provision of law providing 
for the modification or vacating of a consent decree. 
(b) FURTHER
PROCEEDINGS
NOT
REQUIRED.— 
Nothing in the amendments made by section 3 shall be 
construed to affect or require further judicial proceedings 
relating to prior adjudications of liability or class certifi-
cations. 
SEC. 5. DEFINITION. 
In this Act, the term ‘‘consent decree’’ has the mean-
ing given that term in section 1660(a) of title 28, United 
States Code, as added by section 3 of this Act. 
SEC. 6. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect on the date of the enactment of this Act and 
apply to any consent decree regardless of— 
(1) the date on which the order of the consent 
decree is entered; or 
(2) whether any relief has been obtained under 
the consent decree before such date of enactment. 
Æ 
VerDate Mar 15 2010 
01:21 Sep 28, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H3041.IH
H3041
tjames on DSK6SPTVN1PROD with BILLS