,i #aacth ,,congress #ast ,session ,h4 ,r4 #cffi ,,in ,,the ,,house ,,of ,,representatives ,december #e1 #bjac,mr4 ,maffei introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to provide for increased supervision of persons required to wear an electronic monitoring device as a condition of release from prison1 to criminalize disabling such an electronic monitoring device1 to establish the ,office of the ,inspector ,general for ,probation and ,pretrial ,services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,probation ,system ,reform ,act4 #b4 ,supervision of a person assigned an electronic monitoring device as a condition of release2 ,penalty for disabling an electronic monitoring device 7a7 ,in general ,part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bcg the following new chapter3 #bci ,electronic ,monitoring ,devices ,sec4#chja4 ,supervision of a person assigned an electronic monitoring device as a condition of release4#chjb4 ,penalty for disabling an electronic monitoring device4 #chja4 ,supervision of a person assigned an electronic monitoring device as a condition of release 7a7 ,in general ,in the case of a person who was convicted of a ,federal offense who has been sentenced to probation pursuant to subchapter ,b of chapter #bbg1 placed on probation pursuant to the provisions of chapter #djc1 or placed on supervised release pursuant to section #cehc1 or a person accused of such an offense who has been released pending trial1 sentence1 or appeal pursuant to chapter #bjg1 who is required to wear an electronic monitoring device as a condition of such probation or release1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall ensure that an appropriate probation officer or pretrial services officer supervises the person by doing the following3 7#a7 ,conducting a daily review of any data produced by the electronic monitoring device worn by the person4 7#b7 ,in the case of an alert produced by an electronic monitoring system that the ,director determines requires an investigation1 conducting an investigation immediately following the alert1 including-- 7,a7 contacting the person2 7,b7 inspecting the electronic monitoring device2 and 7,c7 documenting the alert and the response taken4 7b7 ,uniform ,standards ,not later than #fj days after the date of the enactment of this section1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall issue uniform standards in order to implement subsection 7a74 #chjb4 ,penalty for disabling an electronic monitoring device 7a7 ,offense ,whoever-- 7#a7 intentionally disables an electronic monitoring device that was assigned to a person as a condition of probation pursuant to subchapter ,b of chapter #bbg or chapter #djc1 supervised release pursuant to section #cehc1 or release pending trial1 sentence1 or appeal pursuant to chapter #bjg2 or 7#b7 having been assigned an electronic monitoring device as a condition of probation pursuant to subchapter ,b of chapter #bbg or chapter #djc1 supervised release pursuant to section #cehc1 or release pending trial1 sentence1 or appeal pursuant to chapter #bjg1 intentionally allows another person to disable such device2 shall be punished as provided in subsection 7b74 7b7 ,punishment ,the punishment for an offense under subsection 7a7 is-- 7#a7 if the person to whom the electronic monitoring device was assigned commits a ,federal1 ,state1 or local offense in addition to violating subsection 7a7 upon the disabling of such device1 a fine under this title or imprisonment for not more than #d years2 or 7#b7 if the person to whom the electronic monitoring device was assigned does not commit a ,federal1 ,state or local crime in addition to violating subsection 7a7 upon the disabling of such device1 a fine under this title or imprisonment for not more than #a year4 4 7b7 ,clerical amendment ,the table of chapters for part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bcg the following3 #bci4;,electronic ,monitoring ,devices#chja 4 #c4 ,inspector ,general for ,probation and ,pretrial ,services 7a7 ,in general ,chapter #bjg of part ,,ii of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating sections #caee and #caef as sections #caef and #caeg1 respectively2 7#b7 after section #caed1 by inserting the following3 #caee4 ,inspector ,general for ,probation and ,pretrial ,services 7a7 ,establishment ,there is established within pretrial services 7commonly referred to as the ,united ,states ,probation and ,pretrial ,services ,system7 the ,office of the ,inspector ,general for ,probation and ,pretrial ,services 7referred to in this section as the ,office74 7b7 ,appointment1 term1 and removal of ,inspector ,general 7#a7 ,appointment ,the head of the ,office shall be the ,inspector ,general1 who shall be appointed by the ,chief ,justice of the ,united ,states after consultation with the majority and minority leaders of the ,senate and the ,speaker and minority leader of the ,house of ,representatives4 7#b7 ,term ,the ,inspector ,general shall serve for a term of four years and may be reappointed by the ,chief ,justice of the ,united ,states for any number of additional terms4 7#c7 ,removal ,the ,inspector ,general may be removed from office by the ,chief ,justice of the ,united ,states4 ,the ,chief ,justice shall communicate the reasons for any such removal to both ,houses of ,congress4 7c7 ,duties ,with respect to probation and pretrial services1 the ,office shall-- 7#a7 conduct investigations of alleged misconduct2 7#b7 conduct and supervise audits and investigations2 7#c7 prevent and detect waste1 fraud1 and abuse2 and 7#d7 recommend changes in laws or regulations governing probation and pretrial services4 7d7 ,powers 7#a7 ,in general ,in carrying out the duties of the ,office1 the ,inspector ,general shall have the power-- 7,a7 to make investigations and reports2 7,b7 to obtain information or assistance from any ,federal1 ,state1 or local governmental agency1 or other entity1 or unit thereof1 including all information kept in the normal course of business by probation and pretrial services in any judicial district2 7,c7 to require1 by subpoena or otherwise1 the attendance and testimony of such witnesses1 and the production of such books1 records1 correspondence memoranda1 papers1 and documents2 which subpoena1 in the case of contumacy or refusal to obey1 shall be enforceable by civil action2 7,d7 to administer to or take from any person an oath1 affirmation1 or affidavit2 7,e7 to employ such officers and employees1 subject to the provisions of title #e1 governing appointments in the competitive service1 and the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates2 7,f7 to obtain services authorized by section #caji of title #e at daily rates not to exceed the equivalent rate prescribed for grade ,,gs-#ah of the ,general ,schedule by section #eccb of title #e2 and-- 7,g7 to the extent and in such amounts as may be provided in advance by appropriations ,acts1 to enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons1 and to make such payments as may be necessary to carry out the duties of the ,office4 7#b7 ,limitation ,the ,inspector ,general shall not have the authority to-- 7,a7 investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge or court2 or 7,b7 punish or discipline any pretrial services officer or probation officer4 7e7 ,reports 7#a7 ,when to be made ,the ,inspector ,general shall-- 7,a7 make an annual report to the ,director of the ,administrative ,office of the ,united ,states ,courts and to ,congress relating to the activities of the ,office2 and 7,b7 make prompt reports to the ,director and to ,congress on matters that may require action by them4 7#b7 ,sensitive matter ,if a report contains sensitive matter1 the ,inspector ,general may so indicate and ,congress may receive that report in closed session4 7#c7 ,duty to inform ,attorney ,general ,in carrying out the duties of the ,office1 the ,inspector ,general shall report expeditiously to the ,attorney ,general whenever the ,inspector ,general has reasonable grounds to believe there has been a violation of ,federal criminal law4 7f7 ,whistleblower protection 7#a7 ,in general ,no officer1 employee1 agent1 contractor1 or subcontractor of pretrial services may discharge1 demote1 threaten1 suspend1 harass1 or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information1 cause information to be provided1 or otherwise assist in an investigation regarding any possible violation of ,federal law or regulation1 or misconduct1 by a pretrial services officer or probation officer1 which may assist the ,inspector ,general in the performance of duties under this chapter4 7#b7 ,civil action ,an employee injured in violation of paragraph 7#a7 may1 in a civil action1 obtain appropriate relief4 7g7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 4 7b7 ,clerical amendments ,chapter #bjg of part ,,ii of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #caeg7;b7 7as redesignated by this ,act7 is amended by striking #caeb-caee and inserting #caeb-caef2 and 7#b7 in the table of sections1 after the item relating to section #caed1 by inserting the following3 #caee4 ,inspector ,general for ,probation and ,pretrial ,services4 4