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HR 8365

Monitor Accountability Act

119th Congress Introduced by Andy Biggs and 2 co-sponsors

The bill standardizes monitor appointments by imposing fee caps, term limits, public input, and annual public disclosures to increase accountability in state/local monitorships.

Reported (Amended) by the Committee on Judiciary. H. Rept. 119-635.
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Bill Summary · HR 8365

Summary of H.R. 8365 — Monitor Accountability Act of 2026

Jurisdiction: United States Congress (House), 119th Congress, 2nd Session

Proposed by: Rep. Andy Biggs (for himself), with co-sponsors Rep. Russell Fry and Rep. Troy Nehls

Introduced: April 20, 2026
Status: Reported (amended) by the House Judiciary Committee, with action history indicating committee consideration and mark-up on April 22, 2026

Purpose (Overall Intent)
- The bill seeks to establish standardized conditions for the appointment of court-appointed monitors who oversee compliance by states or units of local government, and to increase transparency, accountability, and fiscal oversight of such monitors.

Key Provisions and Changes

1) General Framework for Monitor Appointment ( Sec. 2(a) )
- Within 90 days after the section’s effective date, the Administrative Office of the United States Courts must issue a rule establishing conditions for appointing monitors in monitorships ordered by district courts.
- Conditions focus on fees, tenure, exclusivity, public participation, and supervision/control of the monitorship.

2) Fee Standards (1)
- Monitors must not charge fees above maximum rates set by the Administrator.
- Monitors may use pro bono work or reduced-rate services.

3) Exclusivity and Term Limits (2)
- A monitor may not be appointed to more than one monitorship at a time.
- A monitor’s term may not exceed 5 years.
- A monitor may not be reappointed to the same court order after their term ends.

4) Subsequent Monitors and Employment (3)
- A monitor appointed after the expiration of a prior monitor from the same court order cannot be employed by the same employer as the previous monitor.

5) Public Comment (4)
- Before appointment, the court must notify the proposed monitor and provide the public an opportunity to comment on the appointment.

6) Termination and Revision (5)
- If a monitorship is to be revised, the court must hold a hearing.
- Revisions to a monitorship may only affect aspects of the order where the subject has not achieved substantial and sustained compliance.

7) Transfer of Case (Sec. 2(b))
- At the 6-year mark, if the monitorship is still in effect, the case is transferred to another judge in the same district.

8) Annual Accounting and Public Disclosure (Sec. 2(c))
- Monitors must annually report:
- Services provided and fees charged.
- Whether any services were provided pro bono or at a reduced rate.
- The court must make these annual accounting reports publicly available.

9) Retroactivity Provisions (Sec. 2(d))
- For monitorships already in effect for six years as of enactment:
- A new monitor must be appointed within 180 days, under the new limitations.
- The case must be transferred within one year.

10) Sense of Congress (Sec. 2(e))
- Expresses that monitoring is a public service and emphasizes encouraging pro bono time or reduced-rate services.

Who/What Would Be Affected

  • Courts appointing monitors in monitorships overseeing state or local government conduct.
  • Monitors themselves (duties, fees, term limits, potential for pro bono work).
  • Parties to monitorships (state/local governments under oversight).
  • Public transparency mechanisms (public comment processes and public disclosure of accounting).
  • Administrative Office of the U.S. Courts (responsible for implementing the new rule and fee standards).

Substantive Impacts

  • Introduces formal, federally mandated conditions on monitorship appointments.
  • Adds financial oversight (fee caps, pro bono options) and tenure controls (max 5-year terms, single-monitor-at-a-time rule).
  • Requires public input and accountability through annual public accounting disclosures.
  • Creates procedural guardrails for revising monitorships and transferring cases after six years.
  • Encourages use of reduced-rate or pro bono services, aligning with the bill’s sense of Congress that monitoring is a public service.

Timeline Highlights

  • Rulemaking by the Administrative Office: within 90 days after the section’s effective date.
  • Retroactivity provisions apply to monitorships already at six-year duration as of enactment, with specific transition timelines (180 days for appointment, 1 year for transfer).

Notes

  • The bill as introduced includes a sponsor list with co-sponsors.
  • The action history shows committee consideration and amendments leading to a reported status.

Compiled from official sources — confirm details with the bill’s official record.

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