[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1507 Enrolled Bill (ENR)]
S.1507
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for the extension of the Parole Commission to oversee cases
of prisoners sentenced under prior law, to reduce the size of the 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 ``Parole Commission Phaseout Act of
1996''.
SEC. 2. EXTENSION OF PAROLE COMMISSION.
(a) In General.--For purposes of section 235(b) of the Sentencing
Reform Act of 1984 (98 Stat. 2032) as it related to chapter 311 of
title 18, United States Code, and the Parole Commission, each reference
in such section to ``ten years'' or ``ten-year period'' shall be deemed
to be a reference to ``fifteen years'' or ``fifteen-year period'',
respectively.
(b) Powers and Duties of Parole Commission.--Notwithstanding
section 4203 of title 18, United States Code, the United States Parole
Commission may perform its functions with any quorum of Commissioners,
or Commissioner, as the Commission may prescribe by regulation.
(c) Reduction in Size.--
(1) Effective December 31, 1999, the total number of
Commissioners of the United States Parole Commission shall not be
greater than 2. To the extent necessary to achieve this reduction,
the Commissioner or Commissioners least senior in service shall
cease to hold office.
(2) Effective December 31, 2001, the United States Parole
Commission shall consist only of that Commissioner who is the
Chairman of the Commission.
(3) Effective when the Commission consists of only one
Commissioner--
(A) that Commissioner (or in the Commissioner's absence,
the Attorney General) may delegate to one or more hearing
examiners the powers set forth in paragraphs (1) through (4) of
section 4203(b) of title 18, United States Code; and
(B) decisions made pursuant to such delegation shall take
effect when made, but shall be subject to review and
modification by the Commissioner.
SEC. 3. REPORTS BY THE ATTORNEY GENERAL.
(a) In General.--Beginning in the year 1998, the Attorney General
shall report to the Congress not later than May 1 of each year through
the year 2002 on the status of the United States Parole Commission.
Unless the Attorney General, in such report, certifies that the
continuation of the Commission is the most effective and cost-efficient
manner for carrying out the Commission's functions, the Attorney
General shall include in such report an alternative plan for a transfer
of the Commission's functions to another entity.
(b) Transfer Within the Department of Justice.--
(1) Effect of plan.--If the Attorney General includes such a
plan in the report, and that plan provides for the transfer of the
Commission's functions and powers to another entity within the
Department of Justice, such plan shall take effect according to its
terms on November 1 of that year in which the report is made,
unless Congress by law provides otherwise. In the event such plan
takes effect, all laws pertaining to the authority and jurisdiction
of the Commission with respect to individual offenders shall remain
in effect notwithstanding the expiration of the period specified in
section 2 of this Act.
(2) Conditional repeal.--Effective on the date such plan takes
effect, paragraphs (3) and (4) of section 235(b) of the Sentencing
Reform Act of 1984 (98 Stat. 2032) are repealed.
SEC. 4. REPEAL.
Section 235(b)(2) of the Sentencing Reform Act of 1984 (98 Stat.
2032) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.