[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.