Union Calendar No. 427

104TH CONGRESS

2D SESSION S. 1507

[Report No. 104–789]

AN ACT

To provide for the extension of the Parole CommisCommission, and for other purposes. under prior law, to reduce the size of the Parole sion to oversee cases of prisoners sentenced

SEPTEMBER 16, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Parole Commission

5 Phaseout Act of 1995’’.
2

•S 1507 RH

1 SEC. 2. EXTENSION OF PAROLE COMMISSION.

2 (a) IN GENERAL.—For purposes of section 235(b)(1)

3 of the Sentencing Reform Act of 1984 (98 Stat. 2032)

4 as it related to chapter 311 of title 18, United States

5 Code, and the Parole Commission, each reference in such

6 section to ‘‘ten years’’ or ‘‘ten-year period’’ shall be

7 deemed to be a reference to ‘‘fifteen years’’ or ‘‘fifteen8 year period’’, respectively.

9 (b) POWERS AND DUTIES OF PAROLE COMMIS10 SION.—Notwithstanding section 4203 of title 18, United

11 States Code, the United States Parole Commission may

12 perform its functions with any quorum of Commissioners,

13 or Commissioner, as the Commission may prescribe by

14 regulation.

15 SEC. 3. REPEAL.

16 Section 235(b)(2) of the Sentencing Reform Act of

17 1984 (98 Stat. 2032) is repealed.

18 SECTION 1. SHORT TITLE.

19 This Act may be cited as the ‘‘Parole Commission

20 Phaseout Act of 1996’’.

21 SEC. 2. EXTENSION OF PAROLE COMMISSION.

22 (a) IN GENERAL.—For purposes of section 235(b) of

23 the Sentencing Reform Act of 1984 (98 Stat. 2032) as it

24 related to chapter 311 of title 18, United States Code, and

25 the Parole Commission, each reference in such section to

26 ‘‘ten years’’ or ‘‘ten-year period’’ shall be deemed to be a
3

•S 1507 RH

1 reference to ‘‘fifteen years’’ or ‘‘fifteen-year period’’, respec2 tively.

3 (b) POWERS AND DUTIES OF PAROLE COMMISSION.—

4 Notwithstanding section 4203 of title 18, United States

5 Code, the United States Parole Commission may perform

6 its functions with any quorum of Commissioners, or Com7 missioner, as the Commission may prescribe by regulation.

8 (c) REDUCTION IN SIZE.—

9 (1) Effective December 31, 1999, the total num10 ber of Commissioners of the United States Parole

11 Commission shall not be greater than 2. To the extent

12 necessary to achieve this reduction, the Commissioner

13 or Commissioners least senior in service shall cease to

14 hold office.

15 (2) Effective December 31, 2001, the United

16 States Parole Commission shall consist only of that

17 Commissioner who is the Chairman of the Commis18 sion.

19 (3) Effective when the Commission consists of

20 only one Commissioner—

21 (A) that Commissioner (or in the Commis22 sioner’s absence, the Attorney General) may dele23 gate to one or more hearing examiners the pow24 ers set forth in paragraphs (1) through (4) of sec25 tion 4203(b) of title 18, United States Code; and
4

•S 1507 RH

1 (B) decisions made pursuant to such delega2 tion shall take effect when made, but shall be

3 subject to review and modification by the Com4 missioner.

5 SEC. 3. REPORTS BY THE ATTORNEY GENERAL.

6 (a) IN GENERAL.—Beginning in the year 1998, the At7 torney General shall report to the Congress not later than

8 May 1 of each year through the year 2002 on the status

9 of the United States Parole Commission. Unless the Attor10 ney General, in such report, certifies that the continuation

11 of the Commission is the most effective and cost-efficient

12 manner for carrying out the Commission’s functions, the

13 Attorney General shall include in such report an alternative

14 plan for a transfer of the Commission’s functions to another

15 entity.

16 (b) TRANSFER WITHIN THE DEPARTMENT OF JUS17 TICE.—

18 (1) EFFECT OF PLAN.—If the Attorney General

19 includes such a plan in the report, and that plan pro20 vides for the transfer of the Commission’s functions

21 and powers to another entity within the Department

22 of Justice, such plan shall take effect according to its

23 terms on November 1 of that year in which the report

24 is made, unless Congress by law provides otherwise.

25 In the event such plan takes effect, all laws pertaining
5

•S 1507 RH

1 to the authority and jurisdiction of the Commission

2 with respect to individual offenders shall remain in

3 effect notwithstanding the expiration of the period

4 specified in section 2 of this Act.

5 (2) CONDITIONAL REPEAL.—Effective on the date

6 such plan takes effect, paragraphs (3) and (4) of sec7 tion 235(b) of the Sentencing Reform Act of 1984 (98

8 Stat. 2032) are repealed.

9 SEC. 4. REPEAL.

10 Section 235(b)(2) of the Sentencing Reform Act of

11 1984 (98 Stat. 2032) is repealed.

Passed the Senate December 22, 1995.

Attest: KELLY D. JOHNSTON,

Secretary.