text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Federal Probation System Reform 
  Act''.
  
  SEC. 2. SUPERVISION OF A PERSON ASSIGNED AN ELECTRONIC MONITORING 
                DEVICE AS A CONDITION OF RELEASE; PENALTY FOR DISABLING 
                AN ELECTRONIC MONITORING DEVICE.
  
      (a) In General.--Part II of title 18, United States Code, is 
  amended by inserting after chapter 237 the following new chapter:
  
                ``CHAPTER 239--ELECTRONIC MONITORING DEVICES
  
  ``Sec.
  ``3801. Supervision of a person assigned an electronic monitoring 
                              device as a condition of release.
  ``3802. Penalty for disabling an electronic monitoring device.
  ``Sec. 3801. Supervision of a person assigned an electronic monitoring 
                device as a condition of release
      ``(a) 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 227, placed on probation pursuant to the 
  provisions of chapter 403, or placed on supervised release pursuant to 
  section 3583, or a person accused of such an offense who has been 
  released pending trial, sentence, or appeal pursuant to chapter 207, 
  who is required to wear an electronic monitoring device as a condition 
  of such probation or release, 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 
  following:
              ``(1) Conducting a daily review of any data produced by the 
          electronic monitoring device worn by the person.
              ``(2) In the case of an alert produced by an electronic 
          monitoring system that the Director determines requires an 
          investigation, conducting an investigation immediately 
          following the alert, including--
                      ``(A) contacting the person;
                      ``(B) inspecting the electronic monitoring device; 
                  and
                      ``(C) documenting the alert and the response taken.
      ``(b) Uniform Standards.--Not later than 60 days after the date of 
  the enactment of this section, the Director of the Administrative 
  Office of the United States Courts shall issue uniform standards in 
  order to implement subsection (a).
  ``Sec. 3802. Penalty for disabling an electronic monitoring device
      ``(a) Offense.--Whoever--
              ``(1) intentionally disables an electronic monitoring 
          device that was assigned to a person as a condition of 
          probation pursuant to subchapter B of chapter 227 or chapter 
          403, supervised release pursuant to section 3583, or release 
          pending trial, sentence, or appeal pursuant to chapter 207; or
              ``(2) having been assigned an electronic monitoring device 
          as a condition of probation pursuant to subchapter B of chapter 
          227 or chapter 403, supervised release pursuant to section 
          3583, or release pending trial, sentence, or appeal pursuant to 
          chapter 207, intentionally allows another person to disable 
          such device;
  shall be punished as provided in subsection (b).
      ``(b) Punishment.--The punishment for an offense under subsection 
  (a) is--
              ``(1) if the person to whom the electronic monitoring 
          device was assigned commits a Federal, State, or local offense 
          in addition to violating subsection (a) upon the disabling of 
          such device, a fine under this title or imprisonment for not 
          more than 4 years; or
              ``(2) if the person to whom the electronic monitoring 
          device was assigned does not commit a Federal, State or local 
          crime in addition to violating subsection (a) upon the 
          disabling of such device, a fine under this title or 
          imprisonment for not more than 1 year.''.
      (b) Clerical Amendment.--The table of chapters for part II of title 
  18, United States Code, is amended by inserting after the item relating 
  to chapter 237 the following:
  
  ``239. Electronic Monitoring Devices........................    3801''.
  
  SEC. 3. INSPECTOR GENERAL FOR PROBATION AND PRETRIAL SERVICES.
  
      (a) In General.--Chapter 207 of part II of title 18, United States 
  Code, is amended--
              (1) by redesignating sections 3155 and 3156 as sections 
          3156 and 3157, respectively;
              (2) after section 3154, by inserting the following:
  ``Sec. 3155. Inspector General for Probation and Pretrial Services
      ``(a) Establishment.--There is established within pretrial services 
  (commonly referred to as the United States Probation and Pretrial 
  Services System) the Office of the Inspector General for Probation and 
  Pretrial Services (referred to in this section as the `Office').
      ``(b) Appointment, Term, and Removal of Inspector General.--
              ``(1) Appointment.--The head of the Office shall be the 
          Inspector General, 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 Representatives.
              ``(2) 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 terms.
              ``(3) Removal.--The Inspector General may be removed from 
          office by the Chief Justice of the United States. The Chief 
          Justice shall communicate the reasons for any such removal to 
          both Houses of Congress.
      ``(c) Duties.--With respect to probation and pretrial services, the 
  Office shall--
              ``(1) conduct investigations of alleged misconduct;
              ``(2) conduct and supervise audits and investigations;
              ``(3) prevent and detect waste, fraud, and abuse; and
              ``(4) recommend changes in laws or regulations governing 
          probation and pretrial services.
      ``(d) Powers.--
              ``(1) In general.--In carrying out the duties of the 
          Office, the Inspector General shall have the power--
                      ``(A) to make investigations and reports;
                      ``(B) to obtain information or assistance from any 
                  Federal, State, or local governmental agency, or other 
                  entity, or unit thereof, including all information kept 
                  in the normal course of business by probation and 
                  pretrial services in any judicial district;
                      ``(C) to require, by subpoena or otherwise, the 
                  attendance and testimony of such witnesses, and the 
                  production of such books, records, correspondence 
                  memoranda, papers, and documents; which subpoena, in 
                  the case of contumacy or refusal to obey, shall be 
                  enforceable by civil action;
                      ``(D) to administer to or take from any person an 
                  oath, affirmation, or affidavit;
                      ``(E) to employ such officers and employees, 
                  subject to the provisions of title 5, governing 
                  appointments in the competitive service, and the 
                  provisions of chapter 51 and subchapter III of chapter 
                  53 of such title relating to classification and General 
                  Schedule pay rates;
                      ``(F) to obtain services authorized by section 3109 
                  of title 5 at daily rates not to exceed the equivalent 
                  rate prescribed for grade GS-18 of the General Schedule 
                  by section 5332 of title 5; and--
                      ``(G) to the extent and in such amounts as may be 
                  provided in advance by appropriations Acts, to enter 
                  into contracts and other arrangements for audits, 
                  studies, analyses, and other services with public 
                  agencies and with private persons, and to make such 
                  payments as may be necessary to carry out the duties of 
                  the Office.
              ``(2) Limitation.--The Inspector General shall not have the 
          authority to--
                      ``(A) investigate or review any matter that is 
                  directly related to the merits of a decision or 
                  procedural ruling by any judge or court; or
                      ``(B) punish or discipline any pretrial services 
                  officer or probation officer.
      ``(e) Reports.--
              ``(1) When to be made.--The Inspector General shall--
                      ``(A) 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 Office; 
                  and
                      ``(B) make prompt reports to the Director and to 
                  Congress on matters that may require action by them.
              ``(2) Sensitive matter.--If a report contains sensitive 
          matter, the Inspector General may so indicate and Congress may 
          receive that report in closed session.
              ``(3) Duty to inform attorney general.--In carrying out the 
          duties of the Office, 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 law.
      ``(f) Whistleblower Protection.--
              ``(1) In general.--No officer, employee, agent, contractor, 
          or subcontractor of pretrial services may discharge, demote, 
          threaten, suspend, harass, 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 
          information, cause information to be provided, or otherwise 
          assist in an investigation regarding any possible violation of 
          Federal law or regulation, or misconduct, by a pretrial 
          services officer or probation officer, which may assist the 
          Inspector General in the performance of duties under this 
          chapter.
              ``(2) Civil action.--An employee injured in violation of 
          paragraph (1) may, in a civil action, obtain appropriate 
          relief.
      ``(g) Authorization of Appropriations.--There is authorized to be 
  appropriated such sums as may be necessary to carry out this 
  section.''.
      (b) Clerical Amendments.--Chapter 207 of part II of title 18, 
  United States Code, is amended--
              (1) in section 3157(b) (as redesignated by this Act) is 
          amended by striking ``3152-3155'' and inserting ``3152-3156''; 
          and
              (2) in the table of sections, after the item relating to 
          section 3154, by inserting the following:
  
  ``3155. Inspector General for Probation and Pretrial Services.''.
target: Federal Probation System Reform Act - Amends the federal criminal code to require the Director of the Administrative Office of the United States Courts to ensure that an appropriate probation or pretrial services officer supervises a person convicted of a federal offense who has been sentenced to probation, placed on probation, or placed on supervised release, or a person accused of such an offense who has been released pending trial, sentence, or appeal, and who is required to wear an electronic monitoring device as a condition of such probation or release, including by: (1) conducting a daily review of any data produced by such device; and (2) conducting an investigation immediately following an electronic monitoring system alert that the Director determines requires investigation. Prohibits, and sets penalties for, intentionally disabling such a device or allowing another person to disable such device.  Establishes within the United States Probation and Pretrial Services System the Office of the Inspector General for Probation and Pretrial Services, which shall: (1) conduct investigations of alleged misconduct; (2) conduct and supervise audits and investigations; (3) prevent and detect waste, fraud, and abuse; (4) recommend changes in laws or regulations governing probation and pretrial services; and (5) report expeditiously to the Attorney General whenever there are reasonable grounds to believe there has been a violation of federal criminal law. Provides whistleblower protection for an employee who provides information to or otherwise assists the Inspector General in an investigation of a possible violation of federal law or misconduct by a pretrial services or probation officer.
feat_title: Federal Probation System Reform Act