104TH CONGRESS

2D SESSION S. 1507

AMENDMENT
In the House of Representatives, U. S.,

September 17, 1996.

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:

1 SECTION 1. SHORT TITLE.

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

3 Phaseout Act of 1996’’.
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1 Sec. 2. EXTENSION OF PAROLE COMMISSION.

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

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

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

5 the Parole Commission, each reference in such section to

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

7 reference to ‘‘fifteen years’’ or ‘‘fifteen-year period’’, respec8 tively.

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

10 Notwithstanding section 4203 of title 18, United States

11 Code, the United States Parole Commission may perform

12 its functions with any quorum of Commissioners, or Com13 missioner, as the Commission may prescribe by regulation.

14 (c) REDUCTION IN SIZE.—

15 (1) Effective December 31, 1999, the total num16 ber of Commissioners of the United States Parole

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

18 necessary to achieve this reduction, the Commissioner

19 or Commissioners least senior in service shall cease to

20 hold office.

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

22 States Parole Commission shall consist only of that

23 Commissioner who is the Chairman of the Commis24 sion.

25 (3) Effective when the Commission consists of

26 only one Commissioner—
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1 (A) that Commissioner (or in the Commis2 sioner’s absence, the Attorney General) may dele3 gate to one or more hearing examiners the pow4 ers set forth in paragraphs (1) through (4) of sec5 tion 4203(b) of title 18, United States Code; and

6 (B) decisions made pursuant to such delega7 tion shall take effect when made, but shall be

8 subject to review and modification by the Com9 missioner.

10 SEC. 3. REPORTS BY THE ATTORNEY GENERAL.

11 (a) IN GENERAL.—Beginning in the year 1998, the At12 torney General shall report to the Congress not later than

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

14 of the United States Parole Commission. Unless the Attor15 ney General, in such report, certifies that the continuation

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

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

18 Attorney General shall include in such report an alternative

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

20 entity.

21 (b) TRANSFER WITHIN THE DEPARTMENT OF JUS22 TICE.—

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

24 includes such a plan in the report, and that plan pro25 vides for the transfer of the Commission’s functions
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1 and powers to another entity within the Department

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

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

4 is made, unless Congress by law provides otherwise.

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

6 to the authority and jurisdiction of the Commission

7 with respect to individual offenders shall remain in

8 effect notwithstanding the expiration of the period

9 specified in section 2 of this Act.

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

11 such plan takes effect, paragraphs (3) and (4) of sec12 tion 235(b) of the Sentencing Reform Act of 1984 (98

13 Stat. 2032) are repealed.

14 SEC. 4. REPEAL.

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

16 1984 (98 Stat. 2032) is repealed.

Attest:

Clerk.