[Congressional Record Volume 164, Number 161 (Friday, September 28, 2018)]
[House]
[Pages H9392-H9393]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNITED STATES PAROLE COMMISSION EXTENSION ACT OF 2018
Mr. MARINO. Mr. Speaker, I ask unanimous consent that the Committee
on the Judiciary be discharged from further consideration of the bill
(H.R. 6896) to provide for the continued performance of the functions
of the United States Parole Commission, and for other purposes, and ask
for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The text of the bill is as follows:
H.R. 6896
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.
[[Page H9393]]
(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.''.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
____________________