[104th Congress Public Law 232]
[From the U.S. Government Printing Office]
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[DOCID: f:publ232.104]
[[Page 110 STAT. 3055]]
Public Law 104-232
104th Congress
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. <<NOTE: Oct. 2, 1996 - [S. 1507]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Parole
Commission>>
SECTION 1. <<NOTE: Phaseout Act of 1996. 18 USC 4201 note.>> SHORT
TITLE.
This Act may be cited as the ``Parole Commission Phaseout Act of
1996''.
SEC. 2. <<NOTE: 18 USC 4201 note.>> 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) <<NOTE: Effective dates.>> 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.
[[Page 110 STAT. 3056]]
SEC. 3. <<NOTE: 18 USC 4201 note.>> 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) <<NOTE: Effective dates.>> 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) <<NOTE: 18 USC 3551 note.>> 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. <<NOTE: 18 USC 3551 note.>> REPEAL.
Section 235(b)(2) of the Sentencing Reform Act of 1984 (98 Stat.
2032) is repealed.
Approved October 2, 1996.
LEGISLATIVE HISTORY--S. 1507:
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SENATE REPORTS: No. 104-789 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
Dec. 22, considered and passed
Senate.
Vol. 142 (1996):
Sept. 17, considered and passed
House, amended.
Sept. 20, Senate concurred in House
amendment.
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