[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[House]
[Pages H10462-H10463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PAROLE COMMISSION PHASEOUT ACT OF 1996

  Mr. BUYER. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1507) 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, as 
amended.
  The Clerk read as follows:

                                S. 1507

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana [Mr. Buyer] and the gentleman from New York [Mr. Schumer] each 
will control 20 minutes.
  The Chair recognizes the gentleman from Indiana [Mr. Buyer].


                             general leave

  Mr. BUYER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  Mr. BUYER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in the Sentencing Reform Act of 1984, Congress abolished 
parole in the Federal system, and decided to phase out the Parole 
Commission. In 1990, Congress extended the time line for this phaseout 
by an additional 5 years, because there were still

[[Page H10463]]

several thousand parole-eligible offenders in the Federal system and 
the Sentencing Reform Act had not made any provisions for the 
necessary, ongoing functions of the Commission.
  The Commission is currently set to expire November 1, 1997, and S. 
1507, the Parole Commission Phaseout Act, would extend the Commission 
for an additional 5 years. If this bill is not enacted, the Commission 
must soon begin to take steps in preparation for shutting down the 
agency.
  There are several considerations which justify support for S. 1507. 
At the end of fiscal year 1996, there will still be approximately 6,700 
parole-eligible, old law defendants in the Federal system. 
Constitutional requirements, specifically the ex post facto clause, 
necessitate the extension of the Commission or the establishment of a 
similar entity. Otherwise, those remaining old law offenders will file 
habeas corpus petitions seeking release on the grounds that their right 
to be considered for parole had been unconstitutionally eliminated.
  S. 1507 also includes provisions to guarantee the continued 
downsizing of the Parole Commission. It directs the Attorney General to 
report to Congress not later than May 1 of each year on the most cost-
efficient and effective method for continuing the Parole Commission's 
functions.
  It also allows the Attorney General to provide an alternative plan 
for another entity to carry out those functions. If the Attorney 
General decides there should be a transfer to another division within 
the Department of Justice, the transfer can take effect automatically 
on November 1 of that year, unless Congress acts otherwise.
  This bill also mandates the reduction in size of the number of 
commissioners. By the end of 1999, the number of commissioners shall 
not be greater than two, and by the end of 2001, the only remaining 
commissioner shall be the chairman.
  It is necessary for Congress to pass this legislation this year to 
end any confusion concerning the ongoing functions of the Commission. 
Under the current law, the Commission will soon be required to set 
final release dates for the old law prisoners.
  This bill will extend the life of the Parole Commission, which at 
this point in time is necessary. But this bill will also force the 
Department of Justice to continue to monitor the number of old law 
offenders presently in the Federal system and to report to Congress on 
the progress of the phaseout.
  As the number of old law offenders decreases, it will soon be 
possible for another entity to handle all the Parole Commission's 
functions. The Parole Commission is supportive of this bill.
  Mr. Speaker, on behalf of the gentleman from Florida [Mr. McCollum], 
the chairman of the Subcommittee on Crime, I would like to thank the 
gentleman from New York [Mr. Schumer], the ranking member of the 
Subcommittee on Crime, for his cooperation in moving this legislation. 
I urge my colleagues to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the bill, and I agree with the 
gentleman from Indiana. This bill does deserve passage, both from the 
point of view of tough law enforcement as well as from the point of 
view of reinventing government.
  As the gentleman mentioned, were we not to take this action, 
prisoners who have a constitutional right to have their parole status 
reviewed, would have the ability to file habeas petitions and seriously 
muck up the works in our Federal courts. That is not a desirable 
outcome for law enforcement in the United States, and this bill 
prevents that from happening.
  But, Mr. Speaker, it also does allow and really mandates that the 
Commission downsize and then terminate itself as the need to deal with 
the old law prisoners decreases and eventually disappears.

                              {time}  1600

  I urge my colleagues to support this bill. I would urge, also, that 
the Parole Commission explore some of the opportunities that may be 
available to it to reduce costs even further. As we mentioned in one of 
the hearings, in California, there are jurisdictions that are using 
interactive video conferencing to decrease the costs of moving 
prisoners or moving hearing officers. These are all ideas that can be 
pursued administratively to further cut costs. I hope that the 
commission will explore them fully. I am aware of no legislative action 
to accomplish any of them. I would urge passage of this bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. BUYER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from Indiana [Mr. Buyer] that the 
House suspend the rules and pass the Senate bill, S. 1507, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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