    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-274
    115th Congress

    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.

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    (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.--

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    ``(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

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    the Department of Justice, as required under section
    115.401(j) of title 28, Code of Federal Regulations.''.

    Approved October 31, 2018.

    LEGISLATIVE HISTORY--H.R. 6896:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Sept. 28, considered and passed House.
    Oct. 11, considered and passed Senate.