Page:United States Statutes at Large Volume 90 Part 1.djvu/281

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-233—MAR. 15, 1976 "§ 4217. Warrants to retake Canal Zone parole violators "An officer of a Federal penal or correctional institution, or a Federal officer authorized to serve criminal process within the United States, to whom a warrant issued by the Governor of the Canal Zone for the retaking of a parole violator is delivered, shall execute the warrant by taking the prisoner and holding him for delivery to a representative of the Governor of the Canal Zone for return to the Canal Zone. "§ 4218. Applicability of Administrative Procedure Act "(a) For purposes of the provisions of chapter 5 of title 5, United States Code, other than sections 554, 555, 556, and 557, the Commission is an 'agency' as defined in such chapter. "(b) For purposes of subsection (a) of this section, section 553(b) (3)(A) of title 5, United States Code, relating to rulemaking, shall be deemed not to include the phrase 'general statements of policy'. "(c) To the extent that actions of the Commission pursuant to section 4203(a)(1) are not in accord with the provisions of section 653 of title 5, United States Code, they shall be reviewable in accordance with the provisions of sections 701 through 706 of title 5, United States Code. "(d) Actions of the Commission pursuant to paragraphs (1), (2), and (3) of section 4203(b) shall be considered actions committed to agency discretion for purposes of section 701(a)(2) of title 5, United States Code.". SEC. 3. Section 5005 of title 18, United States Code, is amended to read as follows: "§5005. Youth correction decisions "The Commission and, where appropriate, its authorized representatives as provided in section 4203(c), may grant or deny any application or recommendation for conditional release, or modify or revoke any order of conditional release, of any person sentenced pursuant to this chapter, and perform such other duties and responsibilities as may be required by law. Except as otherwise provided, decisions of the Commission shall be made in accordance with the procedures set out in chapter 311 of this title.". SEC. 4. Section 5006 of title 18, United States Code, is amended to read as follows: "§5006. Definitions "As used in this chapter— " (a) 'Commission' means the United States Parole Commission; "(b) 'Bureau' means the Bureau of Prisons; "(c) 'Director' means the Director of the Bureau of Prisons; "(d) 'youth offender' means a person under the age of twentytwo years at the time of conviction; "(e) 'committed youth offender' is one committed for treatment hereunder to the custody of the Attorney General pursuant to sections 5010(b) and 5010(c) of this chapter; "(f) 'treatment'means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youth offenders; and "(g) 'conviction' means the judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.". SEC. 5. Sections 5007, 5008, and 5009 of title 18, United States Code, are repealed. SEC. 6. Section 5014 of title 18, United States Code, is amended to read as follows:

90 STAT. 231 18 USC 4217.

18 USC 4218. 5 USC 500 et seq.

Ante, p. 220.

18 USC 4201 ^^'^1-

Repeal,