[House Report 109-176]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-176

======================================================================
 
  UNITED STATES PAROLE COMMISSION EXTENSION AND SENTENCING COMMISSION 
                         AUTHORITY ACT OF 2005

                                _______
                                

 July 19, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3020]

      [Including cost estimate of the Congressional Budget Office]

      The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3020) to extend the existence of the Parole 
Commission, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     5
Section-by-Section Analysis and Discussion.......................     5
Changes in Existing Law Made by the Bill, as Reported............     5
Markup Transcript................................................     6

                          Purpose and Summary

    The purpose of H.R. 3020 is to extend the authority of the 
United States Parole Commission, which is scheduled to expire 
on October 31, 2005, for an additional 3 years; and to provide 
the United States Sentencing Commission with authority to adopt 
emergency guideline changes for obstruction of justice and 
anabolic steroids.

                Background and Need for the Legislation

    Congress initially created the United States Parole 
Commission in 1976; however, with the creation of the Federal 
sentencing guidelines, the Parole Commission was slated to 
expire 5 years after the new system was implemented. Since 
enactment of the Sentencing Reform Act of 1984, Congress has 
extended the United States Parole Commission on several 
occasions, and in 1997, assigned the Parole Commission with the 
additional responsibility for supervision of criminal offenders 
convicted of District of Columbia Code violations. In the 
absence of an extension, offenders, who are subject to parole 
review, will be able to make claims of ex post facto violations 
for failure to provide parole review.
    Section 21(a) of the ``Sentencing Act of 1987'' 
(hereinafter ``the Act''), Pub. L. No. 100-182, which can be 
found in the Notes to 28 U.S.C. Section 994 (``Emergency 
Amendment Promulgation Authority'') provided the Commission 
authority to promulgate ``temporary amendments'' outside its 
normal amendment cycle upon affirmative vote of at least four 
commissioners related to an invalidated sentencing guideline, 
the creation of a new offense or amendment of an existing 
guideline, or ``any other reason relating to the application of 
a previously established guideline, and determined by the 
United States Sentencing Commission to be urgent and 
compelling.'' The Act's authority expired completely in 1989; 
however, it is revived in those cases where there is an 
``urgent and compelling'' need to address a sentencing issue of 
congressional or Commission interest.
    The Sentencing Commission requires authority to implement 
the directive at section 6703 of Pub. L. No. 108-458 regarding 
increasing penalties for obstruction of justice offenses 
involving international or domestic terrorism. The Act directed 
the Commission to promulgate amendments to the guidelines 
within 30 days of enactment, however, it did not exempt the 
Commission from its normal amendment cycle procedures. The 
Commission has requested 60 days to promulgate an amendment 
compliant with this directive.
    The ``Anabolic Steroid Control Act of 2004,'' Pub. L. No. 
108-358, directed the Commission to review and, if necessary, 
amend the Federal sentencing guidelines to reflect the 
seriousness of steroids offenses. The Commission has begun its 
review of steroids policy and sentencing trends and requested 
authority to do so earlier than its normal amendment cycle.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3020, the ``United States Parole Commission Extension and 
Sentencing Commission Authority Act of 2005.''

                        Committee Consideration

    On June 23, 2005, the Subcommittee on Crime, Terrorism, and 
Homeland Security met in open session and ordered favorably 
reported the bill H.R. 3020, by a voice vote, a quorum being 
present. On June 29, 2005, the Committee met in open session 
and ordered favorably reported the bill H.R. 3020 without an 
amendment by a voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee consideration of 
H.R. 3020.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3020, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 2005.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3020, the ``United 
States Parole Commission Extension and Sentencing Commission 
Authority Act of 2005.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 3020--United States Parole Commission Extension and Sentencing 
        Commission Authority Act of 2005.

                                SUMMARY

    H.R. 3020 would extend the authorization for the United 
States Parole Commission for three years (under current law, 
the commission's authorization will expire on October 31, 
2005). In addition, this legislation would grant the United 
States Sentencing Commission the authority to review and modify 
penalties for certain criminal acts involving terrorism and for 
abuse of anabolic steroids. CBO estimates that implementing the 
bill would cost about $33 million over the 2006-2010 period, 
subject to appropriation of the necessary amounts. Enacting 
H.R. 3020 could affect direct spending and revenues to the 
extent that the U.S. Sentencing Commission would increase 
penalties for certain offenses as authorized by the bill. 
Criminal fines are recorded as revenues, then deposited in the 
Crime Victims Fund and later spent. CBO expects that any 
additional revenues and direct spending would not be 
significant because of the relatively small number of cases 
likely to be affected.
    H.R. 3020 contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of State, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 3020 is shown in the 
following table. For this estimate, CBO assumes that the 
legislation will be enacted by the end of fiscal year 2005, 
that the necessary amounts will be appropriated by the start of 
each fiscal year, and that outlays will follow the historical 
rate of spending for the U.S. Parole Commission. The commission 
received an appropriation of $10 million for 2005, and CBO 
estimates that this amount, as adjusted for anticipated 
inflation, would be needed to continue operations over the 
2006-2008 period. The costs of this legislation fall within 
budget function 750 (administration of justice).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                 2005   2006   2007   2008   2009   2010
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending for U.S. Parole
 Commission Under Current Law
  Budget Authority \1\             10      0      0      0      0      0
  Estimated Outlays                10      1      0      0      0      0

Proposed Changes
  Estimated Authorization           0     10     11     11      0      0
 Level
  Estimated Outlays                 0      9     11     11      2      0

Spending for U.S. Parole
 Commission Under H.R. 3020
  Estimated Authorization          10     10     11     11      0      0
 Level
  Estimated Outlays                10     10     11     11      2      0
------------------------------------------------------------------------
1. The 2005 level is the amount appropriated for that year for the U.S.
  Parole Commission

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 3020 contains no intergovernmental or private-sector 
mandates as defined by UMRA and would not affect the budgets of 
State, local, or tribal governments.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2960)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
Rule XIII of the Rules of the House of Representatives, H.R. 
3020 will extend the authority of the United States Parole 
Commission, which is scheduled to expire on October 31, 2005, 
for an additional 3 years; and to provide the United States 
Sentencing Commission with authority to adopt emergency 
guideline changes for obstruction of justice and anabolic 
steroids.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, of the Constitution.

               Section-by-Section Analysis and Discussion

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. This section cites the short title as 
the ``United States Parole Commission Extension and Sentencing 
Commission Authority Act of 2005.''
    Sec. 2. Extension of the Existence of the Parole 
Commission. This section extends the existence of the United 
States Parole Commission for three additional years.
    Sec. 3. Provision of Emergency Amendment Authority for 
Sentencing Commission. This section provides emergency 
guideline authority to the United States Sentencing Commission: 
(1) not later than 60 days after the date fo enactment of this 
Act, to amend the Federal sentencing guidelines, commentary and 
policy statements to implement section 6703 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Pub. L. No. 108-
458); and (2) not later than 180 days after the date of the 
enactment of this Act, amend the Federal sentencing guidelines, 
commentary, and policy statements to implement section 3 of the 
Anabolic Steroid Control Act of 2004 (Pub. L. No. 108-358).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that H.R. 
3020 makes no changes to existing law.
                           Markup Transcript




                            BUSINESS MEETING

                        WEDNESDAY, JUNE 29, 2005

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:04 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. The next item on the agenda is the 
adoption of H.R. 3020, the ``United States Parole Commission 
Extension and Sentencing Commission Authority Act of 2005.''
    [The bill, H.R. 3020, follows:]
      
      

  


      
      

  


    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from North Carolina, Mr. Coble, the Chairman of the 
Subcommittee on Crime, Terrorism, and Homeland Security for a 
motion.
    Mr. Coble. Mr. Chairman, the Subcommittee on Crime, 
Terrorism, and Homeland Security reports favorably the bill 
H.R. 3020 and moves its favorable recommendation to the full 
House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point.
    The Chair recognizes the gentleman from North Carolina, Mr. 
Coble, to strike the last word.
    Mr. Coble. I thank the Chairman.
    Mr. Chairman and colleagues, H.R. 3020 extends the 
authority of the United States Parole Commission, which is 
scheduled to expire on October 31 of this year, for an 
additional 3 years and provides the United States Sentencing 
Commission with authority to adopt emergency guideline changes 
for obstruction of justice and anabolic steroids.
    The United States Parole Commission is scheduled to expire, 
as I said, on October 31, 2005. The Parole Commission, as you 
all know, is responsible for handling parole cases for 
offenders who were sentenced prior to the enactment of the 
Sentencing Reform Act of 1984 and the adoption of the Federal 
Sentencing Guidelines. In addition, in 1997 it was assigned 
responsibility for supervision of offenders in the District of 
Columbia. The extension is needed in order for the offenders to 
continue to receive parole review of any sentences and for 
parole supervision.
    Finally, the provision relating to the Sentencing 
Commission's authority is needed to ensure that the Commission 
can adopt emergency guideline as directed by Congress in order 
to implement one, the directive in section 6703 of Public Law 
Number 108-458, increasing penalties for obstruction of justice 
offenses involving international or domestic terrorism; and 
two, the directive in the Anabolic Steroid Control Act of 2004, 
Public Law 108-358, to amend the Federal Sentencing Guidelines 
to reflect the seriousness of steroid offenses.
    Mr. Chairman, I urge my colleagues to support this 
legislation and yield back the balance of my time.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. Thank you, Mr. Chairman.
    Mr. Chairman, H.R. 3020 will reauthorize the United States 
Parole Commission for an additional 3 years. It will also give 
the U.S. Sentencing Commission emergency authority to 
promulgate sentencing guidelines which will implement 
sentencing policies reflective of recent changes in Federal 
laws related to sentencing in the areas of obstruction of 
justice and anabolic steroids.
    Both provisions are necessary to continue to properly 
implement Federal law and therefore I urge my colleagues to 
support the bill. I yield back the balance of my time.
    Chairman Sensenbrenner. Without objection, all Members may 
include opening statements in the record at this point.
    Are there any amendments? Are there any amendments?
    If there are no amendments, a reporting quorum is present.
    The question occurs on the motion to report the bill H.R. 
3020 favorably as amended. All those in favor will say aye. 
Opposed no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is adopted.
    Without objection, the staff is directed to make any 
technical and conforming changes and all Members will be given 
2 days, as provided by the House rules, in which to submit 
additional dissenting, supplemental or minority views.
    [Intervening business.]
    Chairman Sensenbrenner. Now I believe we have concluded the 
agenda. Without objection, the Committee stands adjourned.
    [Whereupon, at 10:24 p.m., the Committee was adjourned.]

                                  
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