[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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