‘‘(7) the term ‘rules and regulations’ means 
rules and regulations promulgated by the Commis-
sion under section 3632 and section 553 of title 5. 
‘‘§ 3632. Powers and duties of the Commission 
‘‘(a) IN GENERAL.—The Commission shall meet at 
least quarterly, and by majority vote shall— 
‘‘(1) promulgate rules and regulations estab-
lishing guidelines for the powers enumerated in sub-
section (b) and such other rules and regulations as 
are necessary to carry out a national parole policy 
and the purposes of this subchapter; 
‘‘(2) create such regions as are necessary to 
carry out this subchapter, but in no event less than 
5; and 
‘‘(3) ratify, revise, or deny any request for reg-
ular, supplemental, or deficiency appropriations, be-
fore the submission of the requests to the Office of 
Management and Budget by the Chairperson, which 
requests shall be separate from those of any other 
agency in the Department of Justice. 
‘‘(b) POWERS RELATING TO PAROLE.—The Commis-
sion, by majority vote, and in accordance with the proce-
dures set out in this subchapter, shall have the power to— 
‘‘(1) grant or deny an application or rec-
ommendation to parole any eligible prisoner; 
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‘‘(2) impose reasonable conditions on an order 
granting parole; 
‘‘(3) modify or revoke an order paroling any eli-
gible prisoner; and 
‘‘(4) request probation officers and other indi-
viduals, organizations, and public or private agencies 
to perform such duties with respect to any parolee 
as the Commission determines necessary— 
‘‘(A) for maintaining proper supervision of 
and assistance to such parolees; and 
‘‘(B) so as to assure that no probation offi-
cers, individuals, organizations, or agencies 
shall bear excessive caseloads. 
‘‘(c) DELEGATION.—The Commission, by majority 
vote, and in accordance with rules and regulations— 
‘‘(1) may delegate to 1 or more Commissioners 
powers enumerated in subsection (b); 
‘‘(2) may delegate to hearing examiners any 
powers necessary to conduct hearings and pro-
ceedings, take sworn testimony, obtain and make a 
record of pertinent information, make findings of 
probable cause and issue subpoenas for witnesses or 
evidence in parole revocation proceedings, and rec-
ommend disposition of any matters enumerated in 
subsection (b), except that any such findings or rec-
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ommendations shall be based upon the concurrence 
of not less than 2 hearing examiners; 
‘‘(3) may delegate authority to conduct hear-
ings held under section 3643 to any officer or em-
ployee of the executive or judicial branch of Federal 
or State government; 
‘‘(4) may review, or may delegate to the Na-
tional Appeals Board the power to review, any deci-
sion made under paragraph (1), which shall be re-
affirmed, modified, or reversed not later than 30 
days after the date the decision is rendered; and 
‘‘(5) shall provide written notice to the indi-
vidual to whom a decision described in paragraph 
(4) applies of the Commission’s actions with respect 
thereto and the reasons for such actions. 
‘‘(d) POLICYMAKING.—Except as otherwise provided 
by law, any action taken by the Commission under sub-
section (a) shall be taken by a majority vote of all individ-
uals currently holding office as members of the Commis-
sion which shall maintain and make available for public 
inspection a record of the final vote of each member on 
statements of policy and interpretations adopted by it. In 
so acting, each Commissioner shall have equal responsi-
bility and authority, shall have full access to all informa-
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tion relating to the performance of such duties and respon-
sibilities, and shall have 1 vote. 
‘‘§ 3633. Powers and duties of the Chairperson 
‘‘(a) IN GENERAL.—The Chairperson shall— 
‘‘(1) convene and preside at meetings of the 
Commission under section 3632 and such additional 
meetings of the Commission as the Chairperson may 
call or as may be requested in writing by at least 3 
Commissioners; 
‘‘(2) appoint, fix the compensation of, assign, 
and supervise all personnel employed by the Com-
mission except that— 
‘‘(A) the appointment of any hearing ex-
aminer shall be subject to approval of the Com-
mission within the first year of such hearing ex-
aminer’s employment; and 
‘‘(B) regional Commissioners shall appoint 
and supervise such personnel employed regu-
larly and full time in their respective regions as 
are compensated at a rate up to and including 
level GS–9 of the General Schedule; 
‘‘(3) assign duties among officers and employ-
ees of the Commission, including Commissioners, so 
as to balance the workload and provide for orderly 
administration; 
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‘‘(4) direct the preparation of requests for ap-
propriations for the Commission, and the use of 
funds made available to the Commission; 
‘‘(5) designate 3 Commissioners to serve on the 
National Appeals Board, 1 whom shall be designated 
to serve as Vice Chairperson of the Commission 
(who shall act as Chairperson of the Commission in 
the absence or disability of the Chairperson or in the 
event of a vacancy in the position of Chairperson); 
‘‘(6) designate, for each region established 
under section 3632(a)(2), 1 Commissioner to serve 
as regional Commissioner in each such region, ex-
cept that— 
‘‘(A) in each such designation the Chair-
person shall consider years of service, personal 
preference, and fitness; and 
‘‘(B) no such designation shall take effect 
unless concurred in by the President; 
‘‘(7) serve as spokesperson for the Commission 
and report annually to each House of Congress on 
the activities of the Commission; and 
‘‘(8) exercise such other powers and duties and 
perform such other functions as may be necessary to 
carry out the purposes of this subchapter or as may 
be provided under any other provision of law. 
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‘‘(b) OTHER AUTHORITIES.—The Chairperson shall 
have the power to— 
‘‘(1) without regard to subsections (a) and (b) 
of section 3324 of title 31, enter into and perform 
such contracts, leases, cooperative agreements, and 
other transactions as may be necessary in the con-
duct of the functions of the Commission with any 
public agency or with any person, firm, association, 
corporation, educational institution, or nonprofit or-
ganization; 
‘‘(2) accept voluntary and uncompensated serv-
ices, notwithstanding section 1342 of title 31; 
‘‘(3) procure for the Commission temporary and 
intermittent services to the same extent as is author-
ized by section 3109(b) of title 5; 
‘‘(4) collect systematically the data obtained 
from studies, research, and the empirical experience 
of public and private agencies concerning the parole 
process; 
‘‘(5) carry out programs of research concerning 
the parole process to develop classification systems 
which describe types of offenders, and to develop 
theories and practices which can be applied to the 
different types of offenders; 
‘‘(6) publish data concerning the parole process; 
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‘‘(7) devise and conduct, in various geographical 
locations, seminars, workshops, and training pro-
grams providing continuing studies and instruction 
for personnel of Federal, State, and local agencies 
and private and public organizations working with 
parolees and connected with the parole process; and 
‘‘(8) use the services, equipment, personnel, in-
formation, facilities, and instrumentalities with or 
without reimbursement therefor of other Federal, 
State, local, and private agencies with their consent. 
‘‘(c) CONSISTENCY WITH NATIONAL PAROLE POLI-
CIES.—In carrying out the functions under this section, 
the Chairperson shall be governed by the national parole 
policies promulgated by the Commission. 
‘‘§ 3634. Time of eligibility for release on parole 
‘‘(a) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Except to the extent other-
wise provided by law— 
‘‘(A) a prisoner confined and serving a 
definite term or terms of imprisonment of more 
than 1 year shall be eligible for release on pa-
role after serving 33.3 percent of such term or 
terms; and 
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‘‘(B) a prisoner confined and serving a life 
sentence shall be eligible for release on parole 
after serving 10 years. 
‘‘(2) TERMS OF LESS THAN 1 YEAR.—Any pris-
oner sentenced to imprisonment for a term or terms 
of not less than 6 months, and not more than 1 
year, shall be released at the expiration of such sen-
tence, unless the court which imposed sentence shall, 
at the time of sentencing, provide for the prisoner’s 
release after service of 33.3 percent of such term or 
terms, which shall be deemed to be as if released on 
parole. This paragraph shall not prevent delivery of 
any person released on parole to the authorities of 
any State otherwise entitled to custody of the per-
son. 
‘‘(b) DETERMINATIONS BY COURT.—Upon entering 
a judgment of conviction, the court having jurisdiction to 
impose sentence, when in its opinion the ends of justice 
and best interest of the public require that the defendant 
be sentenced to imprisonment for a term exceeding 1 year, 
may— 
‘‘(1) designate in the sentence of imprisonment 
imposed a minimum term at the expiration of which 
the defendant shall become eligible for parole, which 
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term may not be more than 33.3 percent of the max-
imum sentence imposed by the court; or 
‘‘(2) fix the maximum sentence of imprisonment 
to be served by the defendant, in which event the 
court may specify that the defendant may be re-
leased on parole at such time as the Commission 
may determine. 
‘‘(c) ADDITIONAL INFORMATION.— 
‘‘(1) IN GENERAL.—If the court desires more 
detailed information as a basis for determining the 
sentence to be imposed, the court may commit the 
defendant to the custody of the Attorney General, 
which commitment shall be deemed to be for the 
maximum sentence of imprisonment prescribed by 
law, for a study as described in subsection (d). 
‘‘(2) REPORT AND RECOMMENDATIONS OF DI-
RECTOR.—Not later than 3 months after a defend-
ant is committed under paragraph (1), unless the 
court grants additional time, not to exceed 3 
months, for further study, the results of the study 
described in subsection (d), together with any rec-
ommendations which the Director believes would be 
helpful in determining the disposition of the case, 
shall be furnished to the court. 
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‘‘(3) SENTENCING AFTER ADDITIONAL INFOR-
MATION.—After receiving a report and recommenda-
tions under paragraph (2), the court may in its dis-
cretion— 
‘‘(A) place the offender on probation in ac-
cordance with subchapter A; or 
‘‘(B)(i)(I) affirm the sentence of imprison-
ment originally deemed to be imposed; or 
‘‘(II) reduce the sentence of imprisonment; 
and 
‘‘(ii) commit the offender under any appli-
cable provision of law. 
‘‘(4) RUNNING OF TERM.—The term of a sen-
tence imposed under paragraph (3) shall run from 
the date of original commitment under this sub-
section. 
‘‘(d) STUDY UPON COMMITMENT.— 
‘‘(1) IN
GENERAL.—Upon commitment of a 
prisoner sentenced to imprisonment under sub-
section (a) or (b), the Director, under such regula-
tions as the Attorney General may prescribe, shall 
cause a complete study to be made of the prisoner 
and shall furnish to the Commission a summary re-
port together with any recommendations which in 
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the opinion of the Director would be helpful in deter-
mining the suitability of the prisoner for parole. 
‘‘(2) CONTENTS.—A report under paragraph 
(1) may include— 
‘‘(A) data regarding the prisoner’s previous 
delinquency or criminal experience; 
‘‘(B) pertinent circumstances of the social 
background, capabilities, and mental and phys-
ical health of the prisoner; and 
‘‘(C) consideration of such other factors as 
may be considered pertinent. 
‘‘(3) STUDY BY COMMISSION.—The Commission 
may make such other investigation relating to a 
prisoner as it may determine necessary. 
‘‘(e) PROVISION OF INFORMATION.—Upon request of 
the Commission, it shall be the duty of the various proba-
tion officers and agencies of the Federal Government to 
furnish the Commission— 
‘‘(1) information available to such officer or 
agency concerning any eligible prisoner or parolee; 
and 
‘‘(2) whenever not incompatible with the public 
interest, their views and recommendation with re-
spect to any matter within the jurisdiction of the 
Commission. 
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‘‘(f) REDUCTION OF MINIMUM TERM.—At any time, 
upon motion of the Director, the court may reduce any 
minimum term before a prisoner may be released on pa-
role to the time the prisoner has served. The court shall 
have jurisdiction to act upon the application at any time 
and no hearing shall be required. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sub-
chapter shall be construed to provide that any prisoner 
shall be eligible for release on parole if such prisoner is 
ineligible for such release under any other provision of law. 
‘‘§ 3635. Parole determination criteria 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), and in accordance with guidelines promulgated by the 
Commission under section 3632, an eligible prisoner shall 
be released on parole if— 
‘‘(1) the eligible prisoner has substantially ob-
served the rules of the institution or institutions to 
which the eligible prisoner has been confined; and 
‘‘(2) the Commission, upon consideration of the 
nature and circumstances of the offense and the his-
tory and characteristics of the eligible prisoner, de-
termines that release would not— 
‘‘(A) depreciate the seriousness of the of-
fense or promote disrespect for the law; or 
‘‘(B) jeopardize the public welfare. 
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‘‘(b) EXCEPTION.—Notwithstanding the guidelines 
promulgated by the Commission under section 3632, the 
Commission may grant or deny release on parole if it de-
termines there is good cause for so doing. 
‘‘(c) NOTICE.—The Commission shall furnish an eli-
gible prisoner with a written notice of its determination 
(including any determination described in subsection (b)) 
not later than 21 days, excluding holidays, after the date 
of the parole determination proceeding. If parole is denied, 
such notice shall state with particularity the reasons for 
such denial. 
‘‘(d) CERTAIN PRISONERS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
any prisoner serving a term or terms of imprison-
ment of 5 years or longer, who is not earlier released 
under this section or any other applicable provision 
of law, shall be released on parole— 
‘‘(A) on the date on which the prisoner has 
served 66.6 percent of each consecutive term or 
terms; or 
‘‘(B) for a prisoner serving consecutive 
term or terms of imprisonment of more than 45 
years (including any life term), the earlier of— 
‘‘(i) the date described in subpara-
graph (A); or 
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‘‘(ii) the date on which the prisoner 
has served 30 years. 
‘‘(2) EXCEPTION.—The Commission shall not 
release a prisoner under paragraph (1) if it deter-
mines that— 
‘‘(A) the prisoner has seriously or fre-
quently violated institution rules and regula-
tions; or 
‘‘(B) there is a reasonable probability that 
the prisoner will commit any Federal, State, or 
local crime. 
‘‘§ 3636. Information considered 
‘‘In making a determination under this subchapter 
relating to release on parole of an eligible prisoner, the 
Commission shall consider, if available and relevant— 
‘‘(1) reports and recommendations which the 
staff of the facility in which such eligible prisoner is 
confined may make; 
‘‘(2) official reports of the eligible prisoner’s 
prior criminal record, including a report or record of 
earlier probation and parole experiences; 
‘‘(3) presentence investigation reports; 
‘‘(4) recommendations regarding the eligible 
prisoner’s parole made at the time of sentencing by 
the sentencing judge; 
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‘‘(5) reports of physical, mental, or psychiatric 
examination of the eligible prisoner; and 
‘‘(6) such additional relevant information con-
cerning the eligible prisoner (including information 
submitted by the eligible prisoner) as may be reason-
ably available. 
‘‘§ 3637. Parole determination proceeding; time 
‘‘(a) PROCEEDINGS.— 
‘‘(1) IN GENERAL.—In making a determination 
under this subchapter (relating to parole), the Com-
mission shall conduct a parole determination pro-
ceeding unless it determines on the basis of the eligi-
ble prisoner’s record that the eligible prisoner will be 
released on parole. 
‘‘(2) TIMING.— 
‘‘(A) IN GENERAL.—Whenever feasible, the 
initial parole determination proceeding for a 
prisoner eligible for parole under subsection 
(a)(1) or (b)(1) of section 3634 shall be held 
not later than 30 days before the date of such 
eligibility for parole. 
‘‘(B) OTHER
PROCEEDINGS.—Whenever 
feasible, the initial parole determination pro-
ceeding for a prisoner eligible for parole under 
section 3634(b)(2) or who was released on pa-
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role, and whose parole has been revoked, shall 
be held not later than 120 days following such 
prisoner’s imprisonment or reimprisonment in a 
Federal institution, as the case may be. 
‘‘(3) WAIVER.—An eligible prisoner may know-
ingly and intelligently waive any parole determina-
tion proceeding. 
‘‘(b) NOTICE.— 
‘‘(1) IN GENERAL.—Not later than 30 days be-
fore a parole determination proceeding relating to an 
eligible prisoner, the eligible prisoner shall be pro-
vided with— 
‘‘(A) written notice of the time and place 
of the proceeding; and 
‘‘(B) reasonable access to any reports or 
other documents to be used by the Commission 
in making its determination. 
‘‘(2) WAIVER.—An eligible prisoner may waive 
notice of a parole determination proceeding, except 
that if notice is not waived, the proceeding shall be 
held during the next regularly scheduled proceedings 
by the Commission at the institution in which the el-
igible prisoner is confined. 
‘‘(c) WITHHOLDING OF CERTAIN MATERIALS.— 
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sion over any parolee, the Commission shall issue a certifi-
cate of discharge to the parolee and to such other agencies 
as it may determine. 
‘‘§ 3640. Early termination of parole 
‘‘(a) IN GENERAL.—Upon its own motion or upon re-
quest of the parolee, the Commission may terminate su-
pervision over a parolee prior to the termination of juris-
diction under section 3639. 
‘‘(b) STATUS REVIEWS.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after a parolee is released on parole, and every year 
thereafter, the Commission shall review the status of 
the parolee to determine the need for continued su-
pervision. 
‘‘(2) EXCLUSION
OF
CERTAIN
PERIODS.—In 
calculating the 2-year period described in paragraph 
(1), there shall not be included any period of release 
on parole prior to the most recent such release, nor 
any period served in confinement on any other sen-
tence. 
‘‘(c) TERMINATION AFTER 5 YEARS.— 
‘‘(1) IN GENERAL.—Five years after a parolee 
is released on parole, the Commission shall termi-
nate supervision over the parolee unless the Commis-
sion determines, after a hearing conducted in ac-
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‘‘§ 3644. Reconsideration and appeal 
‘‘(a) IN GENERAL.—If parole release is denied under 
section 3635, parole conditions are imposed or modified 
under section 3638, parole discharge is denied under sec-
tion 3640(c), or parole is modified or revoked under sec-
tion 3643, the individual to whom such decision applies 
may have the decision reconsidered by submitting a writ-
ten application to the regional Commissioner not later 
than 30 days after the date on which the decision is ren-
dered. 
‘‘(b) REVIEW BY REGIONAL COMMISSIONER.—Not 
later than 30 days after receipt of an application under 
subsection (a), a regional Commissioner shall— 
‘‘(1) acting in accordance with rules and regula-
tions, reaffirm, modify, or reverse the original deci-
sion; and 
‘‘(2) inform the applicant in writing of the deci-
sion and the reasons therefor. 
‘‘(c) APPEAL TO NATIONAL APPEALS BOARD.— 
‘‘(1) IN GENERAL.—Any decision made under 
subsection (b) which is adverse to the applicant for 
reconsideration may be appealed by the individual to 
the National Appeals Board by submitting a written 
notice of appeal not later than 30 days following the 
date on which such decision is rendered. 
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