Text: H.R.6896 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-274 (10/31/2018)

 
[115th Congress Public Law 274]
[From the U.S. Government Publishing Office]



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          UNITED STATES PAROLE COMMISSION EXTENSION ACT OF 2018

[[Page 132 STAT. 4160]]

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. <<NOTE: Oct. 31, 
                         2018 -  [H.R. 6896]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States 
Parole Commission Extension Act of 2018. 34 USC 10101 note. 18 USC 3551 
note.>> 
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.

[[Page 132 STAT. 4161]]

            (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.--

[[Page 132 STAT. 4162]]

                          ``(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) <<NOTE: Compliance.>>  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:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
            Sept. 28, considered and passed House.
            Oct. 11, considered and passed Senate.

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