Pub.L. 104-233 To reauthorize the Indian Environmental General Assistance Program Act of 1992, and for other purposes. <> ...

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[[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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