[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6896 Enrolled Bill (ENR)]
H.R.6896
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To provide for the continued performance of the functions of the United
States Parole Commission, 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 ``United States Parole Commission
Extension Act of 2018''.
SEC. 2. AMENDMENT OF SENTENCING REFORM ACT OF 1984.
For purposes of section 235(b) of the Sentencing Reform Act of 1984
(18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such
section relates to chapter 311 of title 18, United States Code, and the
United States Parole Commission, each reference in such section to ``31
years'' or ``31-year period'' shall be deemed a reference to ``33
years'' or ``33-year period'', respectively.
SEC. 3. PAROLE COMMISSION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Parole Commission shall report
to the Committees on the Judiciary of the Senate and House of
Representatives the following for fiscal year 2018:
(1) The number of offenders in each type of case over which the
Commission has jurisdiction, including the number of Sexual or
Violent Offender Registry offenders and Tier Levels offenders.
(2) The number of hearings, record reviews and National Appeals
Board considerations conducted by the Commission in each type of
case over which the Commission has jurisdiction.
(3) The number of hearings conducted by the Commission by type
of hearing in each type of case over which the Commission has
jurisdiction.
(4) The number of record reviews conducted by the Commission by
type of consideration in each type of case over which the
Commission has jurisdiction.
(5) The number of warrants issued and executed compared to the
number requested in each type of case over which the Commission has
jurisdiction.
(6) The number of revocation determinations by the Commission
in each type of case over which the Commission has jurisdiction.
(7) The distribution of initial offenses, including violent
offenses, for offenders in each type of case over which the
Commission has jurisdiction.
(8) The distribution of subsequent offenses, including violent
offenses, for offenders in each type of case over which the
Commission has jurisdiction.
(9) The percentage of offenders paroled or re-paroled compared
with the percentage of offenders continued to expiration of
sentence (less any good time) in each type of case over which the
Commission has jurisdiction.
(10) The percentage of cases (except probable cause hearings
and hearings in which a continuance was ordered) in which the
primary and secondary examiner disagreed on the appropriate
disposition of the case (the amount of time to be served before
release), the release conditions to be imposed, or the reasons for
the decision in each type of case over which the Commission has
jurisdiction.
(11) The percentage of decisions within, above, or below the
Commission's decision guidelines for Federal initial hearings (28
CFR 2.20) and Federal and D.C. Code revocation hearings (28 CFR
2.21).
(12) The percentage of revocation and non-revocation hearings
in which the offender is accompanied by a representative in each
type of case over which the Commission has jurisdiction.
(13) The number of administrative appeals and the action of the
National Appeals Board in relation to those appeals in each type of
case over which the Commission has jurisdiction.
(14) The projected number of Federal offenders that will be
under the Commission's jurisdiction as of October 31, 2021.
(15) An estimate of the date on which no Federal offenders will
remain under the Commission's jurisdiction.
(16) The Commission's annual expenditures for offenders in each
type of case over which the Commission has jurisdiction.
(17) The annual expenditures of the Commission, including
travel expenses and the annual salaries of the members and staff of
the Commission.
(b) Succeeding Fiscal Years.--For each of fiscal years 2019 through
2021, not later than 90 days after the end of the fiscal year, the
United States Parole Commission shall report to the Committees on the
Judiciary of the Senate and House of Representatives the items in
paragraphs (1) through (17) of subsection (a), for the fiscal year.
(c) District of Columbia Parole Failure Rate Report.--Not later
than 180 days after the date of enactment of this Act, the United
States Parole Commission shall report to the Committees on the
Judiciary of the Senate and House of Representatives the following:
(1) The parole failure rate for the District of Columbia for
the last full fiscal year immediately preceding the date of the
report.
(2) The factors that cause that parole failure rate.
(3) Remedial measures that might be undertaken to reduce that
parole failure rate.
SEC. 4. PRISON RAPE ELIMINATION STANDARDS AUDITORS.
Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34
U.S.C. 30307(e)(8)) is amended to read as follows:
``(8) Standards for auditors.--
``(A) In general.--
``(i) Background checks for auditors.--An individual
seeking certification by the Department of Justice to serve
as an auditor of prison compliance with the national
standards described in subsection (a) shall, upon request,
submit fingerprints in the manner determined by the
Attorney General for criminal history record checks of the
applicable State and Federal Bureau of Investigation
repositories.
``(ii) Certification agreements.--Each auditor
certified under this paragraph shall sign a certification
agreement that includes the provisions of, or provisions
that are substantially similar to, the Bureau of Justice
Assistance's Auditor Certification Agreement in use in
April 2018.
``(iii) Auditor evaluation.--The PREA Management Office
of the Bureau of Justice Assistance shall evaluate all
auditors based on the criteria contained in the
certification agreement. In the case that an auditor fails
to comply with a certification agreement or to conduct
audits in accordance with the PREA Auditor Handbook, audit
methodology, and instrument approved by the PREA Management
Office, the Office may take remedial or disciplinary
action, as appropriate, including decertifying the auditor
in accordance with subparagraph (B).
``(B) Auditor decertification.--
``(i) In general.--The PREA Management Office may
suspend an auditor's certification during an evaluation of
an auditor's performance under subparagraph (A)(iii). The
PREA Management Office shall promptly publish the names of
auditors who have been decertified, and the reason for
decertification. Auditors who have been decertified or are
on suspension may not participate in audits described in
subsection (a), including as an agent of a certified
auditor.
``(ii) Notification.--In the case that an auditor is
decertified, the PREA Management Office shall inform each
facility or agency at which the auditor performed an audit
during the relevant 3-year audit cycle, and may recommend
that the agency repeat any affected audits, if appropriate.
``(C) Audit assignments.--The PREA Management Office shall
establish a system, to be administered by the Office, for
assigning certified auditors to Federal, State, and local
facilities.
``(D) Disclosure of documentation.--The Director of the
Bureau of Prisons shall comply with each request for
documentation necessary to conduct an audit under subsection
(a), which is made by a certified auditor in accordance with
the provisions of the certification agreement described in
subparagraph (A)(ii). The Director of the Bureau of Prisons may
require an auditor to sign a confidentiality agreement or other
agreement designed to address the auditor's use of personally
identifiable information, except that such an agreement may not
limit an auditor's ability to provide all such documentation to
the Department of Justice, as required under section 115.401(j)
of title 28, Code of Federal Regulations.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.