[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1507 Reported in House (RH)]
Union Calendar No. 427
104th CONGRESS
2d Session
S. 1507
[Report No. 104-789]
_______________________________________________________________________
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.
_______________________________________________________________________
September 16, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 427
104th CONGRESS
2d Session
S. 1507
[Report No. 104-789]
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 27 (legislative day, December 22), 1995
Referred to the Committee on the Judiciary
September 16, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Parole Commission Phaseout
Act of 1995''.</DELETED>
<DELETED>SEC. 2. EXTENSION OF PAROLE COMMISSION.</DELETED>
<DELETED> (a) In General.--For purposes of section 235(b)(1) 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. REPEAL.</DELETED>
<DELETED> Section 235(b)(2) of the Sentencing Reform Act of 1984 (98
Stat. 2032) is repealed.</DELETED>
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.
Passed the Senate December 22, 1995.
Attest:
KELLY D. JOHNSTON,
Secretary.