Monitor Accountability Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4917 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4917

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2026

  Mr. Kennedy introduced the following bill; which was read twice and
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

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) 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.
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