[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8365 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
  2d Session
                                H. R. 8365


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2026

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To provide for conditions on the appointment of monitors by courts, and 
                          for other purposes.

    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 ``Monitor Accountability Act''.

SEC. 2. CONDITIONS ON THE APPOINTMENT OF MONITORS BY COURTS.

    (a) In General.--Not later than 180 days after the effective date 
of this section, the Judicial Conference of the United States shall by 
rule establish conditions on the appointment by a district court of the 
United States of any person charged, pursuant to a court order, with 
monitoring the conduct of a State or unit of local government. Such 
conditions shall include the following:
            (1) Fees.--Such person--
                    (A) may not assess a fee in excess of such maximum 
                rates as the Judicial Conference of the United States 
                may establish; and
                    (B) shall be authorized to employ the use of pro 
                bono time or reduced rates.
            (2) Exclusivity and term.--Such person may not be--
                    (A) appointed to more than one such monitorship at 
                a time;
                    (B) appointed for a term greater than 5 years; or
                    (C) reappointed after the expiration of such term 
                pursuant to the same court order.
            (3) Subsequent monitors.--A monitor who is appointed to a 
        monitorship after the expiration of the term of a monitor who 
        served pursuant to the same court order may not be employed by 
        the same employer as the previous monitor.
            (4) Public comment.--Prior to the appointment of a monitor, 
        the court shall provide notice of the person to be appointed 
        and afford the public an opportunity for comment thereon.
            (5) Termination.--
                    (A) Revision.--In the case that a court, a party, 
                or a monitor seeks to revise a monitorship imposed by a 
                court order, the court shall conduct a hearing.
                    (B) Scope of monitorship.--The court may only 
                revise a requirement of a monitorship with respect to 
                which the subject of the monitorship has not attained 
                substantial and sustained compliance.
    (b) Transfer.--On the date that is 6 years after the court order 
imposing a monitorship, if such monitorship is in effect on such date, 
the case shall be transferred to another judge in the district in which 
the case is pending.
    (c) Accounting.--
            (1) In general.--On an annual basis, a monitor shall submit 
        to the court imposing the monitorship an accounting, which 
        shall include--
                    (A) information on the services provided and the 
                fee charged for such services; and
                    (B) whether any such services were provided pro 
                bono or at a reduced rate.
            (2) Publication.--The court shall make available to the 
        public any accounting submitted to the court under paragraph 
        (1).
    (d) Retroactivity.--In the case of a monitorship that is in effect 
on the date of enactment of this Act and has been in effect for 6 
years--
            (1) a new monitor shall be appointed not later than 180 
        days after such date of enactment in accordance with the 
        limitations under this section; and
            (2) the case shall be transferred not later than 1 year 
        after such date of enactment in accordance with this section.
    (e) Sense of Congress.--It is the sense of Congress that monitoring 
is a public service and monitorships


              

should be structured to encourage the use of pro bono time or reduced 
rates.

            Passed the House of Representatives May 14, 2026.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.