[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.

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