§ 994. — Duties of the Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC994]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 58--UNITED STATES SENTENCING COMMISSION
Sec. 994. Duties of the Commission
(a) The Commission, by affirmative vote of at least four members of
the Commission, and pursuant to its rules and regulations and consistent
with all pertinent provisions of this title and title 18, United States
Code, shall promulgate and distribute to all courts of the United States
and to the United States Probation System--
(1) guidelines, as described in this section, for use of a
sentencing court in determining the sentence to be imposed in a
criminal case, including--
(A) a determination whether to impose a sentence to
probation, a fine, or a term of imprisonment;
(B) a determination as to the appropriate amount of a fine
or the appropriate length of a term of probation or a term of
imprisonment;
(C) a determination whether a sentence to a term of
imprisonment should include a requirement that the defendant be
placed on a term of supervised release after imprisonment, and,
if so, the appropriate length of such a term;
(D) a determination whether multiple sentences to terms of
imprisonment should be ordered to run concurrently or
consecutively; and
(E) a determination under paragraphs (6) and (11) \1\ of
section 3563(b) of title 18;
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\1\ See References in Text note below.
(2) general policy statements regarding application of the
guidelines or any other aspect of sentencing or sentence
implementation that in the view of the Commission would further the
purposes set forth in section 3553(a)(2) of title 18, United States
Code, including the appropriate use of--
(A) the sanctions set forth in sections 3554, 3555, and 3556
of title 18;
(B) the conditions of probation and supervised release set
forth in sections 3563(b) and 3583(d) of title 18;
(C) the sentence modification provisions set forth in
sections 3563(c), 3564, 3573, and 3582(c) of title 18;
(D) the fine imposition provisions set forth in section 3572
of title 18;
(E) the authority granted under rule 11(e)(2) of the Federal
Rules of Criminal Procedure to accept or reject a plea agreement
entered into pursuant to rule 11(e)(1); and
(F) the temporary release provisions set forth in section
3622 of title 18, and the prerelease custody provisions set
forth in section 3624(c) of title 18; and
(3) guidelines or general policy statements regarding the
appropriate use of the provisions for revocation of probation set
forth in section 3565 of title 18, and the provisions for
modification of the term or conditions of supervised release and
revocation of supervised release set forth in section 3583(e) of
title 18.
(b)(1) The Commission, in the guidelines promulgated pursuant to
subsection (a)(1), shall, for each category of offense involving each
category of defendant, establish a sentencing range that is consistent
with all pertinent provisions of title 18, United States Code.
(2) If a sentence specified by the guidelines includes a term of
imprisonment, the maximum of the range established for such a term shall
not exceed the minimum of that range by more than the greater of 25
percent or 6 months, except that, if the minimum term of the range is 30
years or more, the maximum may be life imprisonment.
(c) The Commission, in establishing categories of offenses for use
in the guidelines and policy statements governing the imposition of
sentences of probation, a fine, or imprisonment, governing the
imposition of other authorized sanctions, governing the size of a fine
or the length of a term of probation, imprisonment, or supervised
release, and governing the conditions of probation, supervised release,
or imprisonment, shall consider whether the following matters, among
others, have any relevance to the nature, extent, place of service, or
other incidents \2\ of an appropriate sentence, and shall take them into
account only to the extent that they do have relevance--
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\2\ So in original. Probably should be ``incidence''.
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(1) the grade of the offense;
(2) the circumstances under which the offense was committed
which mitigate or aggravate the seriousness of the offense;
(3) the nature and degree of the harm caused by the offense,
including whether it involved property, irreplaceable property, a
person, a number of persons, or a breach of public trust;
(4) the community view of the gravity of the offense;
(5) the public concern generated by the offense;
(6) the deterrent effect a particular sentence may have on the
commission of the offense by others; and
(7) the current incidence of the offense in the community and in
the Nation as a whole.
(d) The Commission in establishing categories of defendants for use
in the guidelines and policy statements governing the imposition of
sentences of probation, a fine, or imprisonment, governing the
imposition of other authorized sanctions, governing the size of a fine
or the length of a term of probation, imprisonment, or supervised
release, and governing the conditions of probation, supervised release,
or imprisonment, shall consider whether the following matters, among
others, with respect to a defendant, have any relevance to the nature,
extent, place of service, or other incidents \2\ of an appropriate
sentence, and shall take them into account only to the extent that they
do have relevance--
(1) age;
(2) education;
(3) vocational skills;
(4) mental and emotional condition to the extent that such
condition mitigates the defendant's culpability or to the extent
that such condition is otherwise plainly relevant;
(5) physical condition, including drug dependence;
(6) previous employment record;
(7) family ties and responsibilities;
(8) community ties;
(9) role in the offense;
(10) criminal history; and
(11) degree of dependence upon criminal activity for a
livelihood.
The Commission shall assure that the guidelines and policy statements
are entirely neutral as to the race, sex, national origin, creed, and
socioeconomic status of offenders.
(e) The Commission shall assure that the guidelines and policy
statements, in recommending a term of imprisonment or length of a term
of imprisonment, reflect the general inappropriateness of considering
the education, vocational skills, employment record, family ties and
responsibilities, and community ties of the defendant.
(f) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), shall promote the purposes set forth in section
991(b)(1), with particular attention to the requirements of subsection
991(b)(1)(B) for providing certainty and fairness in sentencing and
reducing unwarranted sentence disparities.
(g) The Commission, in promulgating guidelines pursuant to
subsection (a)(1) to meet the purposes of sentencing as set forth in
section 3553(a)(2) of title 18, United States Code, shall take into
account the nature and capacity of the penal, correctional, and other
facilities and services available, and shall make recommendations
concerning any change or expansion in the nature or capacity of such
facilities and services that might become necessary as a result of the
guidelines promulgated pursuant to the provisions of this chapter. The
sentencing guidelines prescribed under this chapter shall be formulated
to minimize the likelihood that the Federal prison population will
exceed the capacity of the Federal prisons, as determined by the
Commission.
(h) The Commission shall assure that the guidelines specify a
sentence to a term of imprisonment at or near the maximum term
authorized for categories of defendants in which the defendant is
eighteen years old or older and--
(1) has been convicted of a felony that is--
(A) a crime of violence; or
(B) an offense described in section 401 of the Controlled
Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009
of the Controlled Substances Import and Export Act (21 U.S.C.
952(a), 955, and 959), and the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.); and
(2) has previously been convicted of two or more prior felonies,
each of which is--
(A) a crime of violence; or
(B) an offense described in section 401 of the Controlled
Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009
of the Controlled Substances Import and Export Act (21 U.S.C.
952(a), 955, and 959), and the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).
(i) The Commission shall assure that the guidelines specify a
sentence to a substantial term of imprisonment for categories of
defendants in which the defendant--
(1) has a history of two or more prior Federal, State, or local
felony convictions for offenses committed on different occasions;
(2) committed the offense as part of a pattern of criminal
conduct from which the defendant derived a substantial portion of
the defendant's income;
(3) committed the offense in furtherance of a conspiracy with
three or more persons engaging in a pattern of racketeering activity
in which the defendant participated in a managerial or supervisory
capacity;
(4) committed a crime of violence that constitutes a felony
while on release pending trial, sentence, or appeal from a Federal,
State, or local felony for which he was ultimately convicted; or
(5) committed a felony that is set forth in section 401 or 1010
of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 841 and 960), and that involved trafficking in a
substantial quantity of a controlled substance.
(j) The Commission shall insure that the guidelines reflect the
general appropriateness of imposing a sentence other than imprisonment
in cases in which the defendant is a first offender who has not been
convicted of a crime of violence or an otherwise serious offense, and
the general appropriateness of imposing a term of imprisonment on a
person convicted of a crime of violence that results in serious bodily
injury.
(k) The Commission shall insure that the guidelines reflect the
inappropriateness of imposing a sentence to a term of imprisonment for
the purpose of rehabilitating the defendant or providing the defendant
with needed educational or vocational training, medical care, or other
correctional treatment.
(l) The Commission shall insure that the guidelines promulgated
pursuant to subsection (a)(1) reflect--
(1) the appropriateness of imposing an incremental penalty for
each offense in a case in which a defendant is convicted of--
(A) multiple offenses committed in the same course of
conduct that result in the exercise of ancillary jurisdiction
over one or more of the offenses; and
(B) multiple offenses committed at different times,
including those cases in which the subsequent offense is a
violation of section 3146 (penalty for failure to appear) or is
committed while the person is released pursuant to the
provisions of section 3147 (penalty for an offense committed
while on release) of title 18; and
(2) the general inappropriateness of imposing consecutive terms
of imprisonment for an offense of conspiring to commit an offense or
soliciting commission of an offense and for an offense that was the
sole object of the conspiracy or solicitation.
(m) The Commission shall insure that the guidelines reflect the fact
that, in many cases, current sentences do not accurately reflect the
seriousness of the offense. This will require that, as a starting point
in its development of the initial sets of guidelines for particular
categories of cases, the Commission ascertain the average sentences
imposed in such categories of cases prior to the creation of the
Commission, and in cases involving sentences to terms of imprisonment,
the length of such terms actually served. The Commission shall not be
bound by such average sentences, and shall independently develop a
sentencing range that is consistent with the purposes of sentencing
described in section 3553(a)(2) of title 18, United States Code.
(n) The Commission shall assure that the guidelines reflect the
general appropriateness of imposing a lower sentence than would
otherwise be imposed, including a sentence that is lower than that
established by statute as a minimum sentence, to take into account a
defendant's substantial assistance in the investigation or prosecution
of another person who has committed an offense.
(o) The Commission periodically shall review and revise, in
consideration of comments and data coming to its attention, the
guidelines promulgated pursuant to the provisions of this section. In
fulfilling its duties and in exercising its powers, the Commission shall
consult with authorities on, and individual and institutional
representatives of, various aspects of the Federal criminal justice
system. The United States Probation System, the Bureau of Prisons, the
Judicial Conference of the United States, the Criminal Division of the
United States Department of Justice, and a representative of the Federal
Public Defenders shall submit to the Commission any observations,
comments, or questions pertinent to the work of the Commission whenever
they believe such communication would be useful, and shall, at least
annually, submit to the Commission a written report commenting on the
operation of the Commission's guidelines, suggesting changes in the
guidelines that appear to be warranted, and otherwise assessing the
Commission's work.
(p) The Commission, at or after the beginning of a regular session
of Congress, but not later than the first day of May, may promulgate
under subsection (a) of this section and submit to Congress amendments
to the guidelines and modifications to previously submitted amendments
that have not taken effect, including modifications to the effective
dates of such amendments. Such an amendment or modification shall be
accompanied by a statement of the reasons therefor and shall take effect
on a date specified by the Commission, which shall be no earlier than
180 days after being so submitted and no later than the first day of
November of the calendar year in which the amendment or modification is
submitted, except to the extent that the effective date is revised or
the amendment is otherwise modified or disapproved by Act of Congress.
(q) The Commission and the Bureau of Prisons shall submit to
Congress an analysis and recommendations concerning maximum utilization
of resources to deal effectively with the Federal prison population.
Such report shall be based upon consideration of a variety of
alternatives, including--
(1) modernization of existing facilities;
(2) inmate classification and periodic review of such
classification for use in placing inmates in the least restrictive
facility necessary to ensure adequate security; and
(3) use of existing Federal facilities, such as those currently
within military jurisdiction.
(r) The Commission, not later than two years after the initial set
of sentencing guidelines promulgated under subsection (a) goes into
effect, and thereafter whenever it finds it advisable, shall recommend
to the Congress that it raise or lower the grades, or otherwise modify
the maximum penalties, of those offenses for which such an adjustment
appears appropriate.
(s) The Commission shall give due consideration to any petition
filed by a defendant requesting modification of the guidelines utilized
in the sentencing of such defendant, on the basis of changed
circumstances unrelated to the defendant, including changes in--
(1) the community view of the gravity of the offense;
(2) the public concern generated by the offense; and
(3) the deterrent effect particular sentences may have on the
commission of the offense by others.
(t) The Commission, in promulgating general policy statements
regarding the sentencing modification provisions in section
3582(c)(1)(A) of title 18, shall describe what should be considered
extraordinary and compelling reasons for sentence reduction, including
the criteria to be applied and a list of specific examples.
Rehabilitation of the defendant alone shall not be considered an
extraordinary and compelling reason.
(u) If the Commission reduces the term of imprisonment recommended
in the guidelines applicable to a particular offense or category of
offenses, it shall specify in what circumstances and by what amount the
sentences of prisoners serving terms of imprisonment for the offense may
be reduced.
(v) The Commission shall ensure that the general policy statements
promulgated pursuant to subsection (a)(2) include a policy limiting
consecutive terms of imprisonment for an offense involving a violation
of a general prohibition and for an offense involving a violation of a
specific prohibition encompassed within the general prohibition.
(w) The appropriate judge or officer shall submit to the Commission
in connection with each sentence imposed (other than a sentence imposed
for a petty offense, as defined in title 18, for which there is no
applicable sentencing guideline) a written report of the sentence, the
offense for which it is imposed, the age, race, and sex of the offender,
information regarding factors made relevant by the guidelines, and such
other information as the Commission finds appropriate. The Commission
shall submit to Congress at least annually an analysis of these reports
and any recommendations for legislation that the Commission concludes is
warranted by that analysis.
(x) The provisions of section 553 of title 5, relating to
publication in the Federal Register and public hearing procedure, shall
apply to the promulgation of guidelines pursuant to this section.
(y) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), may include, as a component of a fine, the expected
costs to the Government of any imprisonment, supervised release, or
probation sentence that is ordered.
(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98 Stat.
2019; amended Pub. L. 99-217, Sec. 3, Dec. 26, 1985, 99 Stat. 1728; Pub.
L. 99-363, Sec. 2, July 11, 1986, 100 Stat. 770; Pub. L. 99-570, title
I, Secs. 1006(b), 1008, Oct. 27, 1986, 100 Stat. 3207-7; Pub. L. 99-646,
Secs. 6(b), 56, Nov. 10, 1986, 100 Stat. 3592, 3611; Pub. L. 100-182,
Secs. 16(b), 23, Dec. 7, 1987, 101 Stat. 1269, 1271; Pub. L. 100-690,
title VII, Secs. 7083, 7103(b), 7109, Nov. 18, 1988, 102 Stat. 4408,
4417, 4419; Pub. L. 103-322, title II, Sec. 20403(b), title XXVIII,
Sec. 280005(c)(4), title XXXIII, Sec. 330003(f)(1), Sept. 13, 1994, 108
Stat. 1825, 2097, 2141.)
References in Text
Paragraphs (6) and (11) of section 3563(b) of title 18, referred to
in subsec. (a)(1)(E), were renumbered paragraphs (5) and (10),
respectively, of section 3563(b) by Pub. L. 104-132, title II,
Sec. 203(2)(B), Apr. 24, 1996, 110 Stat. 1227.
The Federal Rules of Criminal Procedure, referred to in subsec.
(a)(2)(E), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
The Maritime Drug Law Enforcement Act, referred to in subsec.
(h)(1)(B), (2)(B), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as
amended, which is classified generally to chapter 38 (Sec. 1901 et seq.)
of Title 46, Appendix, Shipping. For complete classification of this Act
to the Code, see section 1901 of Title 46, Appendix, and Tables.
Amendments
1994--Subsec. (h)(1)(B), (2)(B). Pub. L. 103-322, Sec. 330003(f)(1),
substituted ``the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.)'' for ``section 1 of the Act of September 15, 1980 (21 U.S.C.
955a)''.
Subsec. (i)(2). Pub. L. 103-322, Sec. 280005(c)(4), substituted
``the defendant'' for ``he'' and ``the defendant's'' for ``his''.
Subsec. (y). Pub. L. 103-322, Sec. 20403(b), added subsec. (y).
1988--Subsec. (a)(1)(E). Pub. L. 100-690, Sec. 7103(b), added
subpar. (E).
Subsec. (n). Pub. L. 100-690, Sec. 7083, substituted ``as a minimum
sentence'' for ``as minimum sentence''.
Subsec. (p). Pub. L. 100-690, Sec. 7109, amended subsec. (p)
generally. Prior to amendment, subsec. (p) read as follows: ``The
Commission, at or after the beginning of a regular session of Congress
but not later than the first day of May, shall report to the Congress
any amendments of the guidelines promulgated pursuant to subsection
(a)(1), and a report of the reasons therefor, and the amended guidelines
shall take effect one hundred and eighty days after the Commission
reports them, except to the extent the effective date is enlarged or the
guidelines are disapproved or modified by Act of Congress.''
1987--Subsec. (r). Pub. L. 100-182, Sec. 23(a), substituted ``two
years'' for ``one year''.
Subsec. (s). Pub. L. 100-182, Sec. 23(b), struck out at end:
``Within one hundred and eighty days of the filing of such petition the
Commission shall provide written notice to the defendant whether or not
it has approved the petition. If the petition is disapproved the written
notice shall contain the reasons for such disapproval. The Commission
shall submit to the Congress at least annually an analysis of such
written notices.''
Subsec. (w). Pub. L. 100-182, Sec. 16(b), inserted ``(other than a
sentence imposed for a petty offense, as defined in title 18, for which
there is no applicable sentencing guideline)'' after ``each sentence
imposed''.
1986--Subsec. (a)(2)(C). Pub. L. 99-363, Sec. 2(1)(B), amended
subpar. (C) generally, inserting ``3564,'' after ``3563(c),''.
Subsec. (a)(2)(D) to (F). Pub. L. 99-363, Sec. 2(1)(A), (C), added
subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F),
respectively.
Subsec. (a)(3). Pub. L. 99-570, Sec. 1006(b), inserted ``and
revocation of supervised release'' after ``supervised release''.
Pub. L. 99-363, Sec. 2(2), amended par. (3) generally. Prior to
amendment, par. (3) read as follows: ``guidelines or general policy
statements regarding the appropriate use of the probation revocation
provisions set forth in section 3565 of title 18, and the provisions for
modification of the term or conditions of probation or supervised
release set forth in sections 3563(c), 3564(d), and 3583(e) of title
18.''
Subsec. (b). Pub. L. 99-363, Sec. 2(3), designated existing
provisions as pars. (1) and (2), and in par. (2) substituted ``the
greater of 25 percent or 6 months, except that, if the maximum term of
the range is 30 years or more, the maximum may be life imprisonment''
for ``25 per centum''.
Subsec. (b)(2). Pub. L. 99-646, Sec. 56, substituted ``that, if the
minimum'' for ``that, if the maximum''.
Subsec. (h). Pub. L. 99-646, Sec. 6(b)(1), (2), substituted
``guidelines specify'' for ``guidelines will specify'' and struck out
``by section 3581(b) of title 18, United States Code,'' after ``term
authorized'' in introductory text.
Subsec. (i). Pub. L. 99-646, Sec. 6(b)(2), substituted ``guidelines
specify'' for ``guidelines will specify''.
Subsecs. (n) to (t). Pub. L. 99-570, Sec. 1008(1), (2), added
subsec. (n) and redesignated former subsecs. (n) to (t) as (o) to (u),
respectively.
Subsec. (u). Pub. L. 99-646, Sec. 6(b)(3), which directed that
subsec. (t) be amended by inserting ``in what circumstances and'' after
``specify'' and striking out ``that are outside the applicable guideline
ranges'' after ``terms of imprisonment'', was executed to subsec. (u) to
reflect the probable intent of Congress and the intervening
redesignation of subsec. (t) as (u) by Pub. L. 99-570.
Pub. L. 99-570, Sec. 1008(2), redesignated subsec. (t) as (u).
Subsecs. (v) to (x). Pub. L. 99-570, Sec. 1008(2), redesignated
former subsecs. (u) to (w) as (v) to (x), respectively.
1985--Subsec. (q). Pub. L. 99-217 substituted ``not later than one
year after the initial set of sentencing guidelines promulgated under
subsection (a) goes into effect'' for ``within three years of the date
of enactment of the Sentencing Reform Act of 1983''.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set out
as a note under section 3006A of Title 18, Crimes and Criminal
Procedure.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(w) of this section relating to requirement that the Commission submit
to Congress at least annually an analysis of reports and recommendations
for legislation that the Commission concludes is warranted by that
analysis, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 13 of
House Document No. 103-7.
Provisions for Review, Promulgation, or Amendment of Federal Sentencing
Guidelines Relating to Specific Offenses
Pub. L. 107-296, title II, Sec. 225(b), Nov. 25, 2002, 116 Stat.
2156.--Computer fraud.
Pub. L. 107-273, div. C, title I, Sec. 11008(e), Nov. 2, 2002, 116
Stat. 1819.--Assaults and threats against Federal judges and certain
other Federal officials and employees.
Pub. L. 107-204, title VIII, Sec. 805, July 30, 2002, 116 Stat.
802.--Obstruction of justice and extensive criminal fraud.
Pub. L. 107-204, title IX, Sec. 905, July 30, 2002, 116 Stat. 805.--
Certain white collar offenses.
Pub. L. 107-204, title XI, Sec. 1104, July 30, 2002, 116 Stat.
808.--Securities and accounting fraud and related offenses.
Pub. L. 107-155, title III, Sec. 314, Mar. 27, 2002, 116 Stat.
107.--Violations of Federal Election Campaign Act of 1971 and related
election laws.
Pub. L. 107-56, title VIII, Sec. 814(f), Oct. 26, 2001, 115 Stat.
384.--Computer fraud and abuse.
Pub. L. 106-420, Sec. 3, Nov. 1, 2000, 114 Stat. 1868.--Higher
education financial assistance fraud.
Pub. L. 106-386, div. B, title I, Sec. 1107(b)(2), Oct. 28, 2000,
114 Stat. 1498.--Interstate stalking.
Pub. L. 106-310, div. B, title XXXVI, Sec. 3611, Oct. 17, 2000, 114
Stat. 1228.--Manufacture of and trafficking in amphetamine.
Pub. L. 106-310, div. B, title XXXVI, Sec. 3612, Oct. 17, 2000, 114
Stat. 1228.--Manufacture of amphetamine or methamphetamine.
Pub. L. 106-310, div. B, title XXXVI, Sec. 3651, Oct. 17, 2000, 114
Stat. 1238.--Trafficking in list I chemicals.
Pub. L. 106-310, div. B, title XXXVI, Secs. 3663, 3664, Oct. 17,
2000, 114 Stat. 1242, 1244.--Manufacture of or trafficking in Ecstasy.
Pub. L. 106-160, Sec. 3, Dec. 9, 1999, 113 Stat. 1774.--Electronic
theft offenses.
Pub. L. 105-318, Sec. 4, Oct. 30, 1998, 112 Stat. 3009.--Crimes
against intellectual property.
Pub. L. 105-314, title V, Oct. 30, 1998, 112 Stat. 2980.--Sexual
abuse, transportation for illegal sexual activity, and distribution of
pornography.
Pub. L. 105-184, Sec. 6, June 23, 1998, 112 Stat. 521.--
Telemarketing fraud.
Pub. L. 105-172, Sec. 2(e), Apr. 24, 1998, 112 Stat. 55.--Wireless
telephone cloning.
Pub. L. 105-147, Sec. 2(g), Dec. 16, 1997, 111 Stat. 2680.--Crimes
against intellectual property.
Pub. L. 105-101, Nov. 19, 1997, 111 Stat. 2202; Pub. L. 105-368,
title IV, Sec. 403(d)(1), Nov. 11, 1998, 112 Stat. 3339.--Offenses
against property at national cemeteries.
Pub. L. 104-305, Sec. 2(b)(3), Oct. 13, 1996, 110 Stat. 3808.--
Offenses involving flunitrazepam.
Pub. L. 104-237, title II, Sec. 203(b), Oct. 3, 1996, 110 Stat.
3102.--Manufacture of methamphetamine.
Pub. L. 104-237, title III, Sec. 301, Oct. 3, 1996, 110 Stat.
3105.--Manufacture of and trafficking in methamphetamine.
Pub. L. 104-237, title III, Sec. 302(c), Oct. 3, 1996, 110 Stat.
3105.--Offenses involving list I chemicals.
Pub. L. 104-237, title III, Sec. 303, Oct. 3, 1996, 110 Stat.
3106.--Dangerous handling of controlled substances.
Pub. L. 104-208, div. C, title II, Sec. 203(e), Sept. 30, 1996, 110
Stat. 3009-566.--Smuggling, transporting, harboring, and inducing
aliens.
Pub. L. 104-208, div. C, title II, Sec. 211(b), Sept. 30, 1996, 110
Stat. 3009-569.--Fraudulent acquisition and use of government-issued
documents.
Pub. L. 104-208, div. C, title II, Sec. 218(b), (c), Sept. 30, 1996,
110 Stat. 3009-573, 3009-574.--Involuntary servitude.
Pub. L. 104-208, div. C, title III, Sec. 333, Sept. 30, 1996, 110
Stat. 3009-634.--Conspiring with or assisting an alien to import,
export, possess, manufacture, or distribute a controlled substance.
Pub. L. 104-208, div. C, title III, Sec. 334, Sept. 30, 1996, 110
Stat. 3009-635.--Failure to depart, illegal reentry, and passport and
visa fraud.
Pub. L. 104-201, div. A, title XIV, Sec. 1423, Sept. 23, 1996, 110
Stat. 2725; Pub. L. 105-261, div. A, title X, Sec. 1069(c)(1), Oct. 17,
1998, 112 Stat. 2136.--Offenses relating to importation and exportation
of nuclear, biological, or chemical weapons or technologies.
Pub. L. 104-132, title VII, Sec. 730, Apr. 24, 1996, 110 Stat.
1303.--International terrorism.
Pub. L. 104-132, title VIII, Sec. 805, Apr. 24, 1996, 110 Stat.
1305.--Terrorist activity damaging Federal interest computer.
Pub. L. 104-132, title VIII, Sec. 807(h), Apr. 24, 1996, 110 Stat.
1308.--International counterfeiting of United States currency.
Pub. L. 104-71, Secs. 1-4, Dec. 23, 1995, 109 Stat. 774.--Sex crimes
against children.
Pub. L. 103-322, title IV, Sec. 40111(b), Sept. 13, 1994, 108 Stat.
1903.--Sexual abuse by repeat sex offender.
Pub. L. 103-322, title IV, Sec. 40112, Sept. 13, 1994, 108 Stat.
1903.--Aggravated sexual abuse or sexual abuse.
Pub. L. 103-322, title IV, Sec. 40503(c), Sept. 13, 1994, 108 Stat.
1947.--Intentional transmission of HIV.
Pub. L. 103-322, title VIII, Sec. 80001(b), Sept. 13, 1994, 108
Stat. 1986.--Importing, exporting, possessing, manufacturing, and
distributing a controlled substance.
Pub. L. 103-322, title IX, Sec. 90102, Sept. 13, 1994, 108 Stat.
1987.--Drug-dealing in ``drug-free'' zones.
Pub. L. 103-322, title IX, Sec. 90103(b), Sept. 13, 1994, 108 Stat.
1987.--Use or distribution of illegal drugs in the Federal prisons.
Pub. L. 103-322, title XI, Sec. 110501, Sept. 13, 1994, 108 Stat.
2015.--Use of semiautomatic firearm during crime of violence or drug
trafficking.
Pub. L. 103-322, title XI, Sec. 110502, Sept. 13, 1994, 108 Stat.
2015.--Second offense of using explosive to commit felony.
Pub. L. 103-322, title XI, Sec. 110512, Sept. 13, 1994, 108 Stat.
2019.--Using firearm in commission of counterfeiting or forgery.
Pub. L. 103-322, title XI, Sec. 110513, Sept. 13, 1994, 108 Stat.
2019.--Firearms possession by violent felons and serious drug offenders.
Pub. L. 103-322, title XII, Sec. 120004, Sept. 13, 1994, 108 Stat.
2022.--Felonies promoting international terrorism.
Pub. L. 103-322, title XIV, Sec. 140008, Sept. 13, 1994, 108 Stat.
2033.--Solicitation of minor to commit crime.
Pub. L. 103-322, title XVIII, Sec. 180201(c), Sept. 13, 1994, 108
Stat. 2047.--Possession or distribution of drugs at truck stops or
safety rest areas.
Pub. L. 103-322, title XXIV, Sec. 240002, Sept. 13, 1994, 108 Stat.
2081.--Crimes against elderly victims.
Pub. L. 103-322, title XXV, Sec. 250003, Sept. 13, 1994, 108 Stat.
2085.--Fraud against older victims.
Pub. L. 103-322, title XXVIII, Sec. 280003, Sept. 13, 1994, 108
Stat. 2096.--Hate crimes.
Pub. L. 102-141, title VI, Sec. 632, Oct. 28, 1991, 105 Stat. 876.--
Sexual abuse or exploitation of minors.
Pub. L. 101-647, title III, Sec. 321, Nov. 29, 1990, 104 Stat.
4817.--Sexual crimes against children.
Pub. L. 101-647, title XXV, Sec. 2507, Nov. 29, 1990, 104 Stat.
4862.--Major bank crimes.
Pub. L. 101-647, title XXVII, Sec. 2701, Nov. 29, 1990, 104 Stat.
4912.--Methamphetamine offenses.
Pub. L. 101-73, title IX, Sec. 961(m), Aug. 9, 1989, 103 Stat.
501.--Offenses substantially jeopardizing safety and soundness of
federally insured financial institutions.
Pub. L. 100-700, Sec. 2(b), Nov. 19, 1988, 102 Stat. 4631.--Major
fraud against the United States.
Pub. L. 100-690, title VI, Sec. 6453, Nov. 18, 1988, 102 Stat.
4371.--Importation of controlled substances by aircraft and other
vessels.
Pub. L. 100-690, title VI, Sec. 6454, Nov. 18, 1988, 102 Stat.
4372.--Drug offenses involving children.
Pub. L. 100-690, title VI, Sec. 6468(c), (d), Nov. 18, 1988, 102
Stat. 4376.--Drug offenses within Federal prisons.
Pub. L. 100-690, title VI, Sec. 6482(c), Nov. 18, 1988, 102 Stat.
4382.--Common carrier operation under influence of alcohol or drugs.
Mandatory Victim Restitution; Amendment of Sentencing Guidelines
Pub. L. 104-132, title II, Sec. 208, Apr. 24, 1996, 110 Stat. 1240,
provided that: ``Pursuant to section 994 of title 28, United States
Code, the United States Sentencing Commission shall promulgate
guidelines or amend existing guidelines to reflect this subtitle
[subtitle A (Secs. 201-211) of title II of Pub. L. 104-132, see Short
Title of 1996 Amendment note set out under section 3551 of Title 18,
Crimes and Criminal Procedure] and the amendments made by this
subtitle.''
Cocaine and Crack Sentences and Sentences for Money Laundering and Other
Unlawful Activity; Reduction of Sentencing Disparities
Pub. L. 104-38, Oct. 30, 1995, 109 Stat. 334, disapproved of certain
amendments relating to lowering of crack sentences and sentences for
money laundering and transactions in property derived from unlawful
activity submitted by the United States Sentencing Commission to
Congress on May 1, 1995, required the Commission to recommend changes to
the statutes and sentencing guidelines for unlawful manufacturing,
importing, exporting, and trafficking of cocaine, and like offenses,
required the Department of Justice to submit to Congress, no later than
May 1, 1996, a report on the charging and plea practices of Federal
prosecutors with respect to the offense of money laundering, and
required the Commission to submit to Congress comments on the Department
of Justice study.
Emergency Guidelines Promulgation Authority
Section 21 of Pub. L. 100-182 provided that:
``(a) In General.--In the case of--
``(1) an invalidated sentencing guideline;
``(2) the creation of a new offense or amendment of an existing
offense; or
``(3) any other reason relating to the application of a
previously established sentencing guideline, and determined by the
United States Sentencing Commission to be urgent and compelling;
the Commission, by affirmative vote of at least four members of the
Commission, and pursuant to its rules and regulations and consistent
with all pertinent provisions of title 28 and title 18, United States
Code, shall promulgate and distribute to all courts of the United States
and to the United States Probation System a temporary guideline or
amendment to an existing guideline, to remain in effect until and during
the pendency of the next report to Congress under section 994(p) of
title 28, United States Code.
``(b) Expiration of Authority.--The authority of the Commission
under paragraphs (1) and (2) of subsection (a) shall expire on November
1, 1989. The authority of the Commission to promulgate and distribute
guidelines under paragraph (3) of subsection (a) shall expire on May 1,
1988.''
Submission to Congress of Initial Sentencing Guidelines
Provisions directing that the United States Sentencing Commission
submit to Congress within 30 months of Oct. 12, 1984, the initial
sentencing guidelines promulgated pursuant to subsec. (a)(1) of this
section, see section 235(a)(1)(B)(i) of Pub. L. 98-473, as amended, set
out as an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
Effective Date of Sentencing Guidelines
Sentencing guidelines promulgated pursuant to this section effective
when U.S. Sentencing Commission has submitted the initial set of
sentencing guidelines to Congress, the General Accounting Office has
studied and reported to Congress on the guidelines, Congress has
examined the guidelines, and section 212(a)(2) of Pub. L. 98-473 takes
effect [Nov. 1, 1987], see section 235(a)(1)(B)(ii) of Pub. L. 98-473,
as amended, set out as an Effective Date note under section 3551 of
Title 18, Crimes and Criminal Procedure.
Studies of Impact and Operation of Sentencing Guideline System;
Reporting Requirements
Section 236 of Pub. L. 98-473 provided that:
``(a)(1) Four years after the sentencing guidelines promulgated
pursuant to section 994(a)(1), and the provisions of sections 3581,
3583, and 3624 of title 18, United States Code, go into effect, the
General Accounting Office shall undertake a study of the guidelines in
order to determine their impact and compare the guidelines system with
the operation of the previous sentencing and parole release system, and,
within six months of the undertaking of such study, report to the
Congress the results of its study.
``(2) Within one month of the start of the study required under
subsection (a), the United States Sentencing Commission shall submit a
report to the General Accounting Office, all appropriate courts, the
Department of Justice, and the Congress detailing the operation of the
sentencing guideline system and discussing any problems with the system
or reforms needed. The report shall include an evaluation of the impact
of the sentencing guidelines on prosecutorial discretion, plea
bargaining, disparities in sentencing, and the use of incarceration, and
shall be issued by affirmative vote of a majority of the voting members
of the Commission.
``(b) The Congress shall review the study submitted pursuant to
subsection (a) in order to determine--
``(1) whether the sentencing guideline system has been
effective;
``(2) whether any changes should be made in the sentencing
guideline system; and
``(3) whether the parole system should be reinstated in some
form and the life of the Parole Commission extended.''
Section Referred to in Other Sections
This section is referred to in sections 995, 998 of this title;
title 18 sections 3143, 3552, 3553, 3559, 3582, 3583, 3621, 3622, 5037;
title 22 section 7109; title 29 sections 504, 1111; title 42 sections
3796ll-3, 14051, 14052.
