[Congressional Record Volume 142, Number 131 (Friday, September 20, 1996)]
[Senate]
[Pages S11123-S11124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                 PAROLE COMMISSION PHASEOUT ACT OF 1996

  Mr. LOTT. Mr. President, I ask the Chair to lay before the Senate a 
message from the House of Representatives on (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.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1507) entitled 
     ``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'', do pass with the following amendment:
       Strike out all after the enacting clause, and insert:

     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 power 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 function 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.

[[Page S11124]]

     SEC. 4. REPEAL.

       Section 235(b)(2) of the Sentencing Reform Act of 1984 (98 
     Stat. 2032) is repealed.

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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