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H.R. 4041, The Federal Consent Decree Fairness Act
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing original version (created by webmaster) with revision saved on January 25, 2008, 19:03:43 (webmaster):
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.
== Detailed Summary ==
<summary>
(LogFederal 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 edit the wikiconsent decree; or (3) the 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: (1) was actionable by such party; and be(2) was addressed in the firstoriginal consent decree.<br>
Requires a court, within 30 days after the filing of a motion, to provideenter a detailed summaryscheduling 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 of its filing.
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 bill!)report.
</summary>
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== Status of the Legislation ==
<status>
(Log inLatest Major Action: 12/3/2007: Referred to House subcommittee. Status: Referred to edit the wikiSubcommittee on Crime, Terrorism, and be the first to update the status of the bill!)Homeland Security.
</status>
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== Points in Favor ==
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== Points Against ==
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