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

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.

SEC. 2. Conditions on the appointment of monitors by courts.

(a) Definition.—In this section, the term “monitor” means a person charged, pursuant to a court order, with monitoring the conduct of a State or unit of local government.

(b) Establishment of Conditions.—Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall by rule establish conditions on the appointment by a district court of the United States of a monitor.

(c) Contents.—The conditions on the appointment of a monitor established under subsection (b) shall include the following:

(1) FEES.—A monitor—

(A) may not assess a fee in excess of such maximum rates as the Judicial Conference of the United States may establish; and

(B) may employ the use of pro bono time or reduced rates.

(2) EXCLUSIVITY AND TERM.—A person shall not be—

(A) appointed to more than one monitorship at a time;

(B) appointed as a monitor for a term greater than 5 years; or

(C) reappointed as a monitor 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.—If a court, a party, or a monitor seeks to revise a monitorship, the court shall conduct a hearing; and

(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.

(d) Transfer.—If a monitorship is in effect on the date that is 6 years after the date of the court order imposing the monitorship, the case shall be transferred to another judge in the district in which the case is pending.

(e) 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 fees charged for such services; and

(B) whether any such services were provided pro bono or at a reduced rate.

(2) PUBLICATION.—A court shall make available to the public any accounting submitted to the court under paragraph (1).

(f) 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 on which the rule required under subsection (b) is finalized, 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.

(g) 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.