[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.