H.R. 8365

[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.