[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4304 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4304

               To restore equal educational opportunity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

   Mr. Hoke introduced the following bill; which was referred to the 
Committee on Economic and Educational Opportunities, and in addition to 
    the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for condideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
               To restore equal educational opportunity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Desegregation Litigation 
Reform Act of 1996''.

SEC. 2. APPROPRIATE REMEDIES IN SCHOOL CASES.

    (a) In General.--Section 213 of the Equal Educational Opportunities 
Act of 1974 (20 U.S.C. 1712) is amended to read as follows:
``Sec. 213. Appropriate remedies in school cases
    ``(a) Requirements for Relief.--
            ``(1) Prospective relief.--(A) A Federal court shall not 
        have jurisdiction to award prospective relief in any civil 
        action with respect to the operation of public schools that 
        extends further than necessary to remedy the violation of a 
        Federal right of a plaintiff.
            ``(B) A Federal court shall not have jurisdiction to grant 
        or approve any prospective relief unless the court finds that 
        such relief is narrowly drawn, extends no further than 
        necessary to remedy the violation of the Federal right, and is 
        the least intrusive means necessary to remedy the violation of 
        the Federal right.
            ``(C) A Federal court shall not have jurisdiction to order 
        any prospective relief that requires or permits a government 
        official to exceed authority under State or local law or 
        otherwise violates State or local law, unless--
                    ``(i) Federal law requires such relief to be 
                ordered in violation of State or local law;
                    ``(ii) the relief is necessary to remedy a 
                violation of a Federal right; and
                    ``(iii) no other relief will remedy the violation 
                of a Federal right.
            ``(D) Nothing in this section shall be construed to 
        authorize a Federal court, in exercising its remedial powers, 
        to order the assignment of students to particular schools on 
        the basis of race, color, or national origin, to order the 
        raising of taxes, or to repeal, or make less restrictive from 
        otherwise applicable limitations, the remedial powers of the 
        courts.
            ``(2) Student assignment orders.--(A) In any civil action 
        with respect to the operation of public schools, a Federal 
        court shall not have jurisdiction to enter a student assignment 
        order unless--
                    ``(i) a Federal court has previously entered an 
                order for less intrusive relief that has failed to 
                remedy the violation of the Federal right sought to be 
                remedied through the student assignment order; and
                    ``(ii) the defendant has had a reasonable time to 
                comply with the previous court order.
            ``(B)(i) In any civil action with respect to the operation 
        of the public schools, a student assignment order shall be 
        entered only by a three-judge court in accordance with section 
        2284 of title 28, United States Code.
            ``(C) A party seeking a student assignment order in a 
        Federal court shall file with any request for such relief, a 
        request for a three-judge court and materials sufficient to 
        demonstrate that the requirements of subparagraph (a) have been 
        met.
            ``(D) The three-judge court shall enter a student 
        assignment order only if the court finds by clear and 
        convincing evidence that--
                    ``(i) the requirements of subparagraph (a) have 
                been met; and
                    ``(ii) no other relief will remedy the violation of 
                the Federal right.
    ``(b) Termination of Relief.--
            ``(1) Termination of prospective relief.--(A) Subject to 
        the limitation set forth in paragraph (3), in any civil action 
        with respect to the operation of the public schools in which 
        prospective relief is ordered, such relief shall be terminated 
        upon the motion of any party or intervenor--
                    ``(i) 2 years after the date the court granted or 
                approved the prospective relief; or
                    ``(ii) 1 year after the date the court has entered 
                an order denying termination of prospective relief 
                under this paragraph.
            ``(B) Nothing in this section shall prevent the parties 
        from agreeing to terminate or modify relief before the relief 
is terminable under subparagraph (A).
            ``(2) Immediate termination of prospective relief.--In any 
        civil action with respect to the operation of the public 
        schools, a defendant or intervenor shall be entitled to the 
        immediate termination of any prospective relief if the relief 
        was approved or granted in the absence of a finding by the 
        court that the relief is narrowly drawn, extends no further 
        than necessary to remedy the violation of the Federal right, 
        and is the least intrusive means necessary to remedy the 
        violation of the Federal right.
            ``(3) Limitation.--(A) Prospective relief shall not 
        terminate if the court previously entered the prospective 
        relief after finding it necessary to remedy a violation of a 
        Federal right and the plaintiff establishes by a preponderance 
        of the evidence that prospective relief remains necessary to 
        remedy a current and ongoing violation of that Federal right. 
        The court shall not permit discovery.
            ``(B) Nothing in this section shall prevent any plaintiff 
        from bringing a new civil action with respect to the operation 
        of the public schools against a party to a pending civil action 
        with respect to the operation of the public schools for a new 
        violation of a Federal right, or obtaining prospective relief 
        consistent with the provisions of this section for such a new 
        violation. If a new action is brought in Federal court, it 
        shall not be heard by any judge who has previously entered an 
        order for prospective relief in a civil action that has been in 
        effect for longer than 2 years with respect to the operation of 
        the public schools.
            ``(4) Termination or modification of relief.--Nothing in 
        this section shall prevent any party or intervenor from seeking 
        modification or termination before the relief is terminable 
        under paragraph (1) or (2), to the extent that modification or 
        termination would otherwise be legally permissible.
    ``(c) Settlements.--
            ``(1) Consent decrees.--In any civil action with respect to 
        the operation of public schools, a Federal court shall not have 
        jurisdiction to enter or approve a consent decree unless it 
        complies with the limitations on relief set forth in subsection 
        (a).
            ``(2) Private settlement agreements.--Nothing in this 
        section shall preclude parties from entering into a private 
        settlement agreement that does not comply with the limitations 
        on relief set forth in subsection (a).
    ``(d) Procedure for Motions Affecting Prospective Relief.--The 
court shall promptly rule on any motion to modify or terminate 
prospective relief in a civil action with respect to the operation of 
the public schools.
    ``(e) Special Masters.--In any civil action with respect to the 
operation of public schools--
            ``(1) In general.--(A) The court may appoint a special 
        master who shall be disinterested and objective to conduct 
        hearings on the record and prepare proposed findings of fact.
            ``(B) The court shall appoint a special master during the 
        remedial phase of the action only upon a finding that the 
        remedial phase will be sufficiently complex to warrant the 
        appointment.
            ``(2) Appointment.--(A) If the court determines that the 
        appointment of a special master is necessary, the court shall 
        request that the defendant and the plaintiff each submit a list 
        of not more than 5 persons to serve as a special master.
            ``(B) Each party shall have the opportunity to remove up to 
        3 persons from the opposing party's list.
            ``(C) The court shall select the master from the persons 
        remaining on the list after the application of subparagraph 
        (B).
            ``(D) If the court determines that the persons remaining on 
        the list are not qualified to serve as special master, the 
        court may appoint a person not on the list with the consent of 
        all parties.
            ``(3) Interlocutory appeal.--Any party shall have the right 
        to an interlocutory appeal of the judge's selection of the 
        special master, on the ground of partiality.
            ``(4) Compensation.--The compensation to be allowed to a 
        special master shall be based on an hourly rate not greater 
        than the hourly rate established under section 3006A of title 
        18 for payment of court-appointed counsel, plus costs 
        reasonably incurred by the special master. Such compensation 
        and costs shall be paid with funds appropriated to the 
        judiciary. In no event shall the court require the parties to 
        pay the compensation or costs of the special master.
            ``(5) Regular review of appointment.--The court shall 
        review the appointment of the special master every 6 months to 
        determine whether the services of the special master continue 
        to be required under paragraph (1). In no event shall the 
        appointment of a special master extend beyond the termination 
        of the relief.
            ``(6) Limitations on powers and duties.--A special master 
        appointed in any civil action with respect to the operation of 
        public schools--
                    ``(A) may be authorized by a court to conduct 
                hearings on the record and shall make any findings of 
                fact based on the record as a whole;
                    ``(B) shall not make any findings or communications 
                ex parte; and
                    ``(C) may be removed at any time, but shall be 
                relieved of the appointment upon the termination of 
                relief.
            ``(7) The requirements of paragraphs (1) through (4) shall 
        apply only to special masters appointed after the date of 
        enactment of School Desegregation Litigation Reform Act of 
        1996.
    ``(f) Intervention.--In any civil action with respect to the 
operation of public schools, any State or local official or unit of 
government whose jurisdiction includes the appropriation of funds for, 
or the operation of, public schools shall have standing to oppose the 
imposition or continuation in effect of prospective relief and to seek 
termination of such relief, and shall have the right to intervene in 
any proceeding relating to such relief.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `consent decree' means any relief entered by 
        the court that is based in whole or in part upon the consent or 
        acquiescence of the parties, but does not include private 
        settlement agreements;
            ``(2) the term `civil action with respect to the operation 
        of public schools' means any civil proceeding arising under 
        Federal law with respect to the operation of any public school 
        system by any State or local government that alleges that the 
        public school system has been or is being operated in violation 
        of the 5th or 14th amendment rights or any other provision of 
        Federal law that guarantees equal educational opportunity;
            ``(3) the term `student assignment order' includes any 
        order, including a temporary restraining order or preliminary 
        injunctive relief, that has the purpose or effect of directing 
        or regulating the particular public school to which students 
        are assigned to attend;
            ``(4) the term `private settlement agreement' means an 
        agreement entered into among the parties that is not subject to 
        judicial enforcement other than the reinstatement of the civil 
        proceeding that was concluded as a result of the agreement 
        entering into force;
            ``(5) the term `prospective relief' means all relief other 
        than compensatory monetary damages, including the appointment 
        of a special master;
            ``(6) the term `special master' means any person appointed 
        by a Federal court pursuant to rule 53 of the Federal Rules of 
        Civil Procedure or pursuant to any power of the court to 
        exercise the powers of a master, regardless of the title or 
        description given by the court;
            ``(7) the term `relief' means all relief in any form that 
        may be ordered or approved by the court, and includes consent 
        decrees but does not include private settlement agreements; and
            ``(8) the term `violation of a Federal right' includes a 
        violation of a Federal constitutional or Federal statutory 
        right, but does not include a violation of a court order that 
        is not independently a violation of a Federal constitutional or 
        Federal statutory right.''.
    (b) Application of Amendment.--Section 213 of the Equal Educational 
Opportunities Act of 1974 (20 U.S.C. 1712), as amended by this section, 
shall apply with respect to all prospective relief whether such relief 
was originally ordered or approved before, on, or after the date of the 
enactment of this Act.

SEC. 3. DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED.

    Section 204 of the Equal Educational Opportunities Act of 1974 (20 
U.S.C. 1703) is amended to read as follows:
``Sec. 204. Denial of equal educational opportunity prohibited
    ``No State shall deny equal educational opportunity to an 
individual on account of race, color, or national origin, by--
            ``(1) the intentional segregation by an educational agency 
        of students on the basis of race, color, or national origin 
        among or within schools;
            ``(2) the assignment or transfer by the State, the courts 
        of any State, any educational agency or official thereof, or 
        any Federal agency or official thereof of a student to a 
        school, other than the one closest to the place of residence 
        within the school district in which the student resides, if the 
        assignment was made on the basis of race, color, or national 
        origin, of students among schools in the school district, 
        including assignments made for the purpose of attaining a 
        balance on the basis of race, color, or national origin, 
        unless--
                    ``(A) such assignment is necessary to remedy the 
                violation of a Federal right (as defined in section 
                213(g)(8)); and
                    ``(B) there are no other means for remedying the 
                violation of the Federal right; or
            ``(3) the modification of the lines drawn by the State, 
        subdividing its territory into separate school districts, if 
        the modification was made for the purpose of attaining a 
        balance, on the basis of race, color, or national origin, of 
        students among public schools, unless--
                    ``(A) such assignment is necessary to remedy the 
                violation of a Federal right (as defined in section 
                213(g)(8)); and
                    ``(B) there are no other means for remedying the 
                violation of the Federal right.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Policy.--Section 202 of the Equal Educational Opportunities Act 
of 1974 (20 U.S.C. 1701) is amended--
            (1) in subsection (a), by striking ``(a) The'' and 
        inserting ``The''; and
            (2) by striking subsection (b).
    (b) Findings.--Section 203(b) of the Equal Educational 
Opportunities Act of 1974 (20 U.S.C. 1702) is amended in subsection (b) 
by striking ``elimination of the vestiges of dual school systems, 
except that the provisions of this title are not intended to modify or 
diminish the authority of the courts of the United States to enforce 
fully the fifth and fourteenth amendments to the Constitution of the 
United States.'', and inserting ``denial of equal educational 
opportunity, limit the jurisdiction of the Federal courts over the 
operations of public schools, and prohibit the use of race, color, or 
national origin as a basis for making school assignments.''.
    (c) Civil Actions.--Section 207 of the Equal Educational 
Opportunities Act of 1974 (20 U.S.C. 1706) is amended by--
            (1) inserting ``or a school district in which such an 
        individual resides on behalf of such an individual, or any 
        State or local official or unit of government whose 
        jurisdiction includes the appropriation of funds for, or the 
        operation of, a school district in which such an individual 
        resides on behalf of such an individual,'' after ``this part'' 
        in the first sentence; and
            (2) striking ``institute a civil action'', and inserting 
        ``institute or intervene in a civil action''.
    (d) Sections 214, 215, 216, 217, and 219 of the Equal Educational 
Opportunities Act of 1974 are repealed.
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