I 
110TH CONGRESS 
1ST SESSION H. R. 4041 
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 
NOVEMBER 1, 2007 
Mr. BLUNT (for himself, Mr. COOPER, Mr. ADERHOLT, Mr. AKIN, Mrs. 
BLACKBURN, Mr. DAVID DAVIS of Tennessee, Mr. LINCOLN DAVIS of 
Tennessee, Mr. DUNCAN, Mr. EVERETT, Mr. GORDON of Tennessee, Mr. 
PAUL, Mr. POE, Mr. SMITH of Texas, Mr. TANNER, and Mr. WAMP) in-
troduced 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Consent De-
cree Fairness Act’’. 
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SEC. 2. FINDINGS. 
Congress finds that: 
(1) Consent decrees are for remedying viola-
tions of requirements of Federal law, and they 
should not be used to advance any policy extraneous 
to that purpose. 
(2) Consent decrees are also for protecting the 
party or class facing injury and should not be ex-
panded to apply to parties not involved in the litiga-
tion. 
(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 and 
administered to give due deference to the policy 
judgments of State and local officials, and their suc-
cessors, 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. 
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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) DEFINITIONS.—In this section, the term ‘con-
sent decree’— 
‘‘(1) means any order imposing injunctive or 
other prospective relief against a State or local gov-
ernment, or a State or local official sued, entered by 
a court of the United States that is based in whole 
or part upon the consent or acquiescence of the par-
ties; and 
‘‘(2) does not include— 
‘‘(A) private settlements agreements; 
‘‘(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 
race, color, or national origin in elementary 
schools, secondary schools, or institutions of 
higher education; and 
‘‘(D) any order entered in any action— 
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‘‘(i) filed by the United States or any 
agency of the United States, except for re-
porting requirements provided under sec-
tion 4 of the Federal Consent Decree Fair-
ness Act; or 
‘‘(ii) in which 1 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 was a party 
to the consent decree (or the successor to that indi-
vidual) may file a motion under this section with the 
court that entered a consent decree to modify or ter-
minate 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 or an elected State offi-
cial is a party, the expiration of the term 
of office of the highest elected State offi-
cial who was a party to the consent decree; 
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‘‘(ii) a local government or elected 
local government official is a party, the ex-
piration of the term of office of the highest 
elected local government official who was a 
party to the consent decree; or 
‘‘(iii) the consent to the decree was 
authorized by an appointed State or local 
official, upon the 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 gov-
ernment; or 
‘‘(C) 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 a consent 
decree or any part of a consent decree is nec-
essary to prevent the violation of a requirement 
of Federal law that— 
‘‘(i) was actionable by such party; and 
‘‘(ii) was addressed in the original 
consent decree. 
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‘‘(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 described in subparagraph (A), the 
court shall ensure that any remaining provi-
sions 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. 
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‘‘(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 of the filing of the motion. 
‘‘(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 
from seeking appropriate relief under State law.’’. 
(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 fol-
lowing: 
‘‘1660. Consent decrees.’’. 
SEC. 4. DEPARTMENT OF JUSTICE REPORT. 
(a) IN GENERAL.—Not later than October 1 of each 
year, the Attorney General shall submit a report to Con-
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gress on all consent decrees in which the United States 
is a party where the consent decrees were entered 4 or 
more years prior to the date of the report. 
(b) CONTENT OF REPORTS.—The report required 
under subsection (a) shall include— 
(1) copies of any consent decrees described in 
subsection (a); and 
(2) a written statement by the Attorney Gen-
eral or other agency head explaining— 
(A) why each consent decree listed in the 
report requires continued court supervision; and 
(B) any efforts the United States had 
made to limit the scope or duration of the con-
sent decree. 
(c) PREPARATION OF REPORT.— 
(1) IN GENERAL.—Federal agencies other than 
the Department of Justice shall provide the informa-
tion required in this section to the Attorney General 
not later than September 1 of each year. 
(2) INPUT.—In preparing the report required 
under subsection (a), the Attorney General or other 
agency head shall solicit, and include in the report, 
statements relating to each consent decree from 
State and local officials who— 
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(A) support continued court supervision; 
and 
(B) oppose continued court supervision. 
(d) ELECTRONIC SUBMISSION.—Copies of consent 
decrees required by subsection (b)(1)(B) may be sub-
mitted in electronic format. 
SEC. 5. GENERAL PRINCIPLES. 
(a) NO EFFECT ON OTHER LAWS RELATING TO 
MODIFYING OR VACATING CONSENT DECREES.—Nothing 
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. 6. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on the date of enactment of this Act and apply to all con-
sent decrees regardless of— 
(1) the date on which the order of a consent de-
cree is entered; or 
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(2) whether any relief has been obtained under 
a consent decree before the date of enactment of this 
Act. 
Æ 
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