http://www.washingtonwatch.com/bills info@washingtonwatch.com http://www.pjdoland.com/chai/?v=0.1 http://www.washingtonwatch.com/bills/history/110_HR_4041.html?rev=17544 <p>H.R. 4041 would 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.</p> <h2 id="toc0"> Detailed Summary </h2> <p>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.</p> <p>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.&lt;br&gt;</p> <p>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.</p> <p>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.</p> <p>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.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc1"> Status of the Legislation </h2> <p>Latest Major Action: 12/3/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc2"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc3"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 17544@http://www.washingtonwatch.com Fri, 25 Jan 2008 18:03:43 EST http://www.washingtonwatch.com/bills/history/110_HR_4041.html?rev=16475 <p>H.R. 4041 would 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.</p> <h2 id="toc4"> Detailed Summary </h2> <p>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.</p> <p>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.&lt;br&gt;</p> <p>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.</p> <p>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.</p> <p>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.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc5"> Status of the Legislation </h2> <p>Latest Major Action: 11/1/2007: Referred to House committee. Status: Referred to the House Committee on the Judiciary.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc6"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc7"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 16475@http://www.washingtonwatch.com Fri, 11 Jan 2008 00:37:11 EST http://www.washingtonwatch.com/bills/history/110_HR_4041.html?rev=13141 <p>H.R. 4041 would 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.</p> <h2 id="toc8"> Detailed Summary </h2> <p>(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc9"> Status of the Legislation </h2> <p>(Log in to edit the wiki and be the first to update the status of the bill!)</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc10"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc11"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 13141@http://www.washingtonwatch.com Fri, 02 Nov 2007 17:30:40 EDT http://www.washingtonwatch.com/bills/history/110_HR_4041.html?rev=13142 <p>H.R. 4041 would 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.</p> <h2 id="toc12"> Detailed Summary </h2> <p>(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc13"> Status of the Legislation </h2> <p>Latest Major Action: 11/1/2007: Referred to House committee. Status: Referred to the House Committee on the Judiciary.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc14"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc15"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 13142@http://www.washingtonwatch.com Fri, 02 Nov 2007 17:30:40 EDT