text: 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.
target: School Desegregation Litigation Reform Act of 1996 - Amends the Equal Educational Opportunities Act of 1974 with respect to remedies in school cases.  Sets forth requirements for relief in such cases. 
  Revises prohibitions against State denial of equal educational opportunity. 
  Allows school districts and State and local governments to institute civil actions on behalf of individuals denied equal educational opportunity.  Authorizes the Attorney General to intervene in (as well as institute) such civil actions.
feat_title: School Desegregation Litigation Reform Act of 1996