1. Introduction TITLE III-GENERAL PROVISIONS Title III of the bill contains the general provisions applicable to the legislation. 2. Section 1201-Severability Section 1201 provides that an invalid provision of the bill is separable from the other provisions of the bill,1 and that a finding that a particular application of a provision is invalid will not affect other applications of the provision. 3. Section 1202-Transition Section 1202 contains provisions to continue the existence of the Bureau of Prisons, the Board of Parole (redesignated as the United States Parole Commission), and the Federal Prison Industries. Section 1202 (a) continues the Bureau of Prisons created under existing chapter 303 of title 18, United States Code, as the Bureau of Prisons under new section 571 of title 28, United States Code, and provides that the person who is Director of the Bureau of Prisons on the effective date of the Act will remain in office under new section 571(b) of title 28. Under new section 571(a), the Director serves under the direction of the Attorney General and could be replaced by him, as is the case under existing law.2 Section 1202 (b) continues the present Board of Parole created under existing section 4201 of title 18 as the United States Parole Commission under new chapter 39 of title 28. The section also contains provisions relating to the terms of office of members of the Board of Parole in office on the effective date of this Act to facilitate the transition to the Commission and the new provisions relating thereto. It will be unnecessary to resubmit their names to the Senate for advice and consent, but the names of their successors, or the renomination of the incumbents, would have to be submitted to the Senate for advice and consent. Under existing law, there are eight members of the Board of Parole, including the Chairman, who is designated by the Attorney General from time to time. Under section 1202 (b), the person designated as Chairman by the Attorney General will act as Chairman until the President nominates a Chairman under new section 591 (a) of title 28 for advice and consent of the Senate and the Senate acts on the nomination. Since the new United States Parole Commission will have nine members-eight members and a Chairman 5-this provision will permit the President either to nominate a person as Chair 1 See United States v. Jackson, 390 U.S. 570, 585-591 (1968). 2 18 U.S.C. 4041. 3 28 U.S.C. 591 (a). 4 18 U.S.C. 4201. 5 28 U.S.C. 591 (a). |