Monitor Accountability Act

Bill Number

H.R. 8365

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Law

Status

Passed House

Latest Action

2026-05-18: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-05-20T03:08:30Z

AI-Generated Summary

Monitor Accountability Act Summary

Purpose

This legislation establishes standardized conditions for federal district courts when appointing monitors to oversee the conduct of state or local governments. Its goal is to promote accountability, limit the scope and duration of such appointments, and encourage efficient use of resources in these oversight roles.

Key Provisions

• Rulemaking Requirement: Within 180 days of the effective date, the Judicial Conference of the United States must create rules governing monitor appointments, including limits on fees, terms, and procedures.
• Fee and Compensation Limits: Monitors cannot charge fees above maximum rates set by the Judicial Conference and are encouraged to use pro bono services or reduced rates.
• Term and Exclusivity Limits: Monitors may hold only one such role at a time, serve no longer than five years per appointment, and cannot be reappointed to the same court order after the term ends.
• Subsequent Appointments: A new monitor cannot work for the same employer as the prior monitor under the same court order.
• Public Involvement: Courts must provide public notice of a proposed monitor and allow opportunity for comments before final appointment.
• Revision and Termination Process: Any changes to a monitorship require a court hearing, and revisions are limited to areas where the monitored entity has not achieved substantial and sustained compliance.
• Case Transfer: After six years, the case must be transferred to a different judge in the same district.
• Annual Accounting: Monitors must submit yearly reports to the court detailing services provided, fees charged, and any pro bono or reduced-rate work; these reports must be made public.
• Retroactive Application: For existing monitorships lasting six or more years at enactment, a new monitor must be appointed within 180 days, and the case transferred within one year, following the new rules.
• Sense of Congress: Monitoring is viewed as a public service, with emphasis on structuring roles to favor pro bono or reduced-rate participation.

Significant Changes to Existing Law

This Act introduces new federal standards where none previously existed at the national level, imposing restrictions on monitor appointments, durations, fees, and operations that courts previously handled on a case-by-case basis. It adds requirements for public transparency, annual reporting, and mandatory case transfers after six years, along with retroactive adjustments for long-standing monitorships.

Potential Impacts

• On Government Agencies: Federal courts would follow uniform procedures for appointments and oversight, potentially increasing administrative workload through hearings, public notices, and reporting. State and local governments under monitorship could face more structured but time-limited oversight.
• On Citizens: Greater public access to monitor information and comment opportunities could enhance transparency in cases involving government conduct.
• On International Relations: No direct effects identified.

Main Stakeholders Affected

• Federal district courts and the Judicial Conference of the United States.
• Court-appointed monitors and their employers.
• State and local governments subject to monitoring.
• The general public, through notice and comment processes.

Notable Legal, Constitutional, or Political Implications

The Act strengthens judicial oversight by standardizing monitor roles, which may raise questions about separation of powers in how courts manage ongoing cases involving government entities. It promotes transparency and limits prolonged federal involvement in state affairs, potentially affecting the duration of consent decrees or similar remedies. The retroactive provisions could alter existing court orders, requiring adjustments in ongoing matters.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Biggs, Andy [R-AZ-5]

Cosponsors (2)

Rep. Fry, Russell [R-SC-7], Rep. Nehls, Troy E. [R-TX-22]

Recent Actions

• 2026-05-18: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
• 2026-05-14: Motion to reconsider laid on the table Agreed to without objection.
• 2026-05-14: On passage Passed by recorded vote: 219 - 204 (Roll no. 173). (text of amendment in the nature of a substitute: CR H3480) (Roll call 173)
• 2026-05-14: Passed/agreed to in House: On passage Passed by recorded vote: 219 - 204 (Roll no. 173). (text of amendment in the nature of a substitute: CR H3480) (Roll call 173)
• 2026-05-14: On motion to recommit Failed by the Yeas and Nays: 210 - 213 (Roll no. 172). (Roll call 172)
• 2026-05-14: Considered as unfinished business. (consideration: CR H3507-3509)
• 2026-05-14: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 8365, the Chair put the question on motion to recommit and by voice vote, announced that the noes had prevailed. Mr. Boyle (PA) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
• 2026-05-14: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
• 2026-05-14: Mr. Boyle (PA) moved to recommit to the Committee on the Judiciary. (text: CR H3486)
• 2026-05-14: The previous question was ordered pursuant to the rule.
• 2026-05-14: DEBATE - The House proceeded with one hour of debate on H.R. 8365.
• 2026-05-14: Rule provides for consideration of H.R. 5625, H.R. 6260, H.R. 8365, H. Con. Res. 96 and H.R. 8469. The resolution provides for consideration of H.R. 5625, H.R. 6260, H.R. 8365, and H.Con.Res. 96 under a closed rule. The resolution provides for consideration of H.R. 8469 under a structured rule. The resolution makes in order one motion to recommit on each bill.
• 2026-05-14: Considered under the provisions of rule H. Res. 1275. (consideration: CR H3480-3486)
• 2026-05-12: Rules Committee Resolution H. Res. 1275 Reported to House. Rule provides for consideration of H.R. 5625, H.R. 6260, H.R. 8365, H. Con. Res. 96 and H.R. 8469. The resolution provides for consideration of H.R. 5625, H.R. 6260, H.R. 8365, and H.Con.Res. 96 under a closed rule. The resolution provides for consideration of H.R. 8469 under a structured rule. The resolution makes in order one motion to recommit on each bill.
• 2026-05-04: Placed on the Union Calendar, Calendar No. 551.

Bill Versions

• Monitor Accountability Act — issued 2026-05-14 — PDF (6 pages)
• Monitor Accountability Act of 2026 — issued 2026-04-20 — PDF (4 pages)
• Monitor Accountability Act — issued 2026-05-18 — PDF (5 pages)
• Monitor Accountability Act — issued 2026-05-04 — PDF (8 pages)

Related Bills

• H.Res. 1275 (119th Congress)