H.R. 3041 (112th): Federal Consent Decree Fairness Act

Introduced:
Sep 23, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Jim Cooper [D-TN5]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on September 23, 2011, in a previous session of Congress, but was not enacted.

Progress
Introduced Sep 23, 2011
Referred to Committee Sep 23, 2011
Cosponsors
3 cosponsors (3R) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

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.

Summary

No summaries available.

Text

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Last updated Sep 23, 2011.
8 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/23/2011--Introduced.
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 earliest of:
(1) four years after the consent decree is originally entered;
(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 date of the term of office of the highest state or local government official who is a party to the consent decree; or
(3) a 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 was:
(1) actionable by such party, and
(2) addressed in the 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 after its filing.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 28 U.S.C. Chapter 111