[Congressional Record Volume 157, Number 140 (Tuesday, September 20, 2011)]
[House]
[Pages H6243-H6244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNITED STATES PAROLE COMMISSION EXTENSION ACT OF 2011
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2944) to provide for the continued performance of the
functions of the United States Parole Commission, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2944
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 2011''.
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 ``24 years'' or ``24-year
period'' shall be deemed a reference to ``27 years'' or ``27-
year period'', respectively.
SEC. 3. PAROLE COMMISSION 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 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, for fiscal years 2006 through 2011.
(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
for fiscal years 2006 through 2011.
(3) The number of hearings conducted by the Commission by
type of hearing in each type of case over which the
Commission has jurisdiction for fiscal years 2006 through
2011.
(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 for fiscal years 2006
through 2011.
(5) The number of warrants issued and executed compared to
the number requested in each type of case over which the
Commission has jurisdiction for fiscal years 2006 through
2011.
(6) The number of revocation determinations by the
Commission in each type of case over which the Commission has
jurisdiction for fiscal years 2006 through 2011.
(7) The distribution of initial offenses, including violent
offenses, for offenders in each type of case over which the
Commission has jurisdiction for fiscal years 2006 through
2011.
(8) The distribution of subsequent offenses, including
violent offenses, for offenders in each type of case over
which the Commission has jurisdiction for fiscal years 2006
through 2011.
(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 for fiscal
years 2006 through 2011.
(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 for fiscal years 2006
through 2011.
(11) The percentage of decisions within, above, or below
the Commission's decision guidelines for Federal initial
hearings (28 C.F.R. 2.20) and Federal and D.C. Code
revocation hearings (28 C.F.R. 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 for fiscal years 2006 through 2011.
(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
for fiscal years 2006 through 2011.
(14) The projected number of Federal offenders that will be
under the Commission's jurisdiction as of October 31, 2014.
(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
for fiscal years 2006 through 2011.
(17) The annual expenditures of the Commission, including
travel expenses and the annual salaries of the members and
staff of the Commission, for fiscal years 2006 through 2011.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will
control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous materials on H.R. 2944 currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. I yield myself such time as I may consume.
Mr. Speaker, on October 31, the authorization for the United States
Parole Commission will expire. H.R. 2944, the United States Parole
Commission Extension Act of 2011, extends the Commission's
authorization for an additional 3 years.
I thank Judiciary Committee Ranking Member John Conyers, Crime
Subcommittee Chairman Jim Sensenbrenner, and Ranking Member Bobby
Scott, who is here on the floor today, for joining me in sponsoring
this legislation.
The Parole Commission is an independent agency within the Department
of Justice that supervises Federal offenders who are eligible for
parole.
In 1984, Congress abolished Federal parole and replaced it with a
determinate sentencing system. Federal offenders who were sentenced
prior to November 1, 1987, were grandfathered under the parole system.
The Parole Commission has been kept in place since then on a temporary
basis to continue supervision of these Federal offenders.
In an effort to lower local crime rates, the District of Columbia
followed the Federal example and also abolished parole. Under the new
D.C. system, the D.C. Superior Court imposes a term of incarceration
and supervised release.
Congress subsequently expanded the jurisdiction of the Parole
Commission to include both parole and supervised release offenders from
the District of Columbia. The group of offenders the Parole Commission
was originally intended to supervise, Federal offenders who are
eligible for parole, is a finite number of offenders that is growing
smaller every year.
Today, however, the majority of the Commission's workload concerns
the District of Columbia offenders. Like the population of Federal
offenders eligible for parole, the parole-eligible D.C. offender
population is also declining over time, although at a slower rate than
Federal offenders. However, because all incoming offenders are now
sentenced under the new law, the D.C. supervised release offender
population is increasing.
[[Page H6244]]
At some point in the future, no Federal offenders will remain under
the Commission's jurisdiction. At that time, Congress should assess the
need to continue a Federal Parole Commission within the Justice
Department.
In addition to extending the Commission authorization for 3 years,
H.R. 2944 requires the Commission to submit a report to the House and
Senate Judiciary Committee within 180 days of enactment. The commission
last provided such a report in 2006.
H.R. 2944 requests the Commission to provide a variety of information
relating to each category of offenders under the Commission's
jurisdiction for fiscal years 2006 through 2011. The report asks the
Commission to provide the projected number of Federal offenders who
will be under the Commission's jurisdiction as of October 31, 2014, the
date this authorization is set to expire. The report also requests an
estimate of the date on which no Federal offenders will remain under
the Commission's jurisdiction.
This report will inform Congress about where the Commission's
resources are being directed, and enable us to decide whether any
changes to the Commission are necessary to reflect its decreasing
Federal parole responsibilities.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. SCOTT of Virginia. I rise in support of H.R. 2944, and I yield
myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2944, which will extend the
United States Parole Commission's authority for an additional 3 years.
The current authority is set to expire October 31, 2011.
Although Federal parole was abolished with the passage of the
Sentencing Reform Act effective November 1, 1987, those sentenced for
an offense committed prior to the effect of the date of the abolition,
and those sentences that have not yet been completed, remain eligible
for parole.
Moreover, the Parole Commission has jurisdiction over other
offenders, including the Uniform Code of Military Justice offenders and
those under transfer treaties between the United States and other
countries. Currently there are over 1,000 parole-eligible prisoners
under the Commission authority.
The Sentencing Reform Act requires that release dates be set for all
remaining offenders eligible for parole prior to the expiration of the
Parole Commission. The Department of Justice is concerned that if the
Commission's current authority is allowed to expire, Federal offenders
who were sentenced for offenses committed prior to November 1, 1987,
will begin to file motions for release under the Sentencing Reform Act,
since the act requires such offenders to be given release dates 3 to 6
months prior to the expiration of the commission. We are now beyond
that period at this point and no release dates have been set.
For this reason, it is important that we extend the U.S. Parole
Commission's authority as soon as possible. I urge my colleagues to
support this bill and thank the chairman of the committee, the
gentleman from Texas, for his leadership.
I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, H.R. 2944.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Texas. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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