§ 995. — Powers 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: 28USC995]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 58--UNITED STATES SENTENCING COMMISSION
Sec. 995. Powers of the Commission
(a) The Commission, by vote of a majority of the members present and
voting, shall have the power to--
(1) establish general policies and promulgate such rules and
regulations for the Commission as are necessary to carry out the
purposes of this chapter;
(2) appoint and fix the salary and duties of the Staff Director
of the Sentencing Commission, who shall serve at the discretion of
the Commission and who shall be compensated at a rate not to exceed
the highest rate now or hereafter prescribed for Level 6 of the
Senior Executive Service Schedule (5 U.S.C. 5382);
(3) deny, revise, or ratify any request for regular,
supplemental, or deficiency appropriations prior to any submission
of such request to the Office of Management and Budget by the Chair;
(4) procure for the Commission temporary and intermittent
services to the same extent as is authorized by section 3109(b) of
title 5, United States Code;
(5) utilize, with their consent, the services, equipment,
personnel, information, and facilities of other Federal, State,
local, and private agencies and instrumentalities with or without
reimbursement therefor;
(6) without regard to 31 U.S.C. 3324, enter into and perform
such contracts, leases, cooperative agreements, and other
transactions as may be necessary in the conduct of the functions of
the Commission, with any public agency, or with any person, firm,
association, corporation, educational institution, or non-profit
organization;
(7) accept and employ, in carrying out the provisions of this
title, voluntary and uncompensated services, notwithstanding the
provisions of 31 U.S.C. 1342, however, individuals providing such
services shall not be considered Federal employees except for
purposes of chapter 81 of title 5, United States Code, with respect
to job-incurred disability and title 28, United States Code, with
respect to tort claims;
(8) request such information, data, and reports from any Federal
agency or judicial officer as the Commission may from time to time
require and as may be produced consistent with other law;
(9) monitor the performance of probation officers with regard to
sentencing recommendations, including application of the Sentencing
Commission guidelines and policy statements;
(10) issue instructions to probation officers concerning the
application of Commission guidelines and policy statements;
(11) arrange with the head of any other Federal agency for the
performance by such agency of any function of the Commission, with
or without reimbursement;
(12) establish a research and development program within the
Commission for the purpose of--
(A) serving as a clearinghouse and information center for
the collection, preparation, and dissemination of information on
Federal sentencing practices; and
(B) assisting and serving in a consulting capacity to
Federal courts, departments, and agencies in the development,
maintenance, and coordination of sound sentencing practices;
(13) collect systematically the data obtained from studies,
research, and the empirical experience of public and private
agencies concerning the sentencing process;
(14) publish data concerning the sentencing process;
(15) collect systematically and disseminate information
concerning sentences actually imposed, and the relationship of such
sentences to the factors set forth in section 3553(a) of title 18,
United States Code;
(16) collect systematically and disseminate information
regarding effectiveness of sentences imposed;
(17) devise and conduct, in various geographical locations,
seminars and workshops providing continuing studies for persons
engaged in the sentencing field;
(18) devise and conduct periodic training programs of
instruction in sentencing techniques for judicial and probation
personnel and other persons connected with the sentencing process;
(19) study the feasibility of developing guidelines for the
disposition of juvenile delinquents;
(20) make recommendations to Congress concerning modification or
enactment of statutes relating to sentencing, penal, and
correctional matters that the Commission finds to be necessary and
advisable to carry out an effective, humane and rational sentencing
policy;
(21) hold hearings and call witnesses that might assist the
Commission in the exercise of its powers or duties;
(22) perform such other functions as are required to permit
Federal courts to meet their responsibilities under section 3553(a)
of title 18, United States Code, and to permit others involved in
the Federal criminal justice system to meet their related
responsibilities;
(23) retain private attorneys to provide legal advice to the
Commission in the conduct of its work, or to appear for or represent
the Commission in any case in which the Commission is authorized by
law to represent itself, or in which the Commission is representing
itself with the consent of the Department of Justice; and the
Commission may in its discretion pay reasonable attorney's fees to
private attorneys employed by it out of its appropriated funds. When
serving as officers or employees of the United States, such private
attorneys shall be considered special government employees as
defined in section 202(a) of title 18; and
(24) grant incentive awards to its employees pursuant to chapter
45 of title 5, United States Code.
(b) The Commission shall have such other powers and duties and shall
perform such other functions as may be necessary to carry out the
purposes of this chapter, and may delegate to any member or designated
person such powers as may be appropriate other than the power to
establish general policy statements and guidelines pursuant to section
994(a)(1) and (2), the issuance of general policies and promulgation of
rules and regulations pursuant to subsection (a)(1) of this section, and
the decisions as to the factors to be considered in establishment of
categories of offenses and offenders pursuant to section 994(b). The
Commission shall, with respect to its activities under subsections
(a)(9), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16),
(a)(17), and (a)(18), to the extent practicable, utilize existing
resources of the Administrative Office of the United States Courts and
the Federal Judicial Center for the purpose of avoiding unnecessary
duplication.
(c) Upon the request of the Commission, each Federal agency is
authorized and directed to make its services, equipment, personnel,
facilities, and information available to the greatest practicable extent
to the Commission in the execution of its functions.
(d) A simple majority of the membership then serving shall
constitute a quorum for the conduct of business. Other than for the
promulgation of guidelines and policy statements pursuant to section
994, the Commission may exercise its powers and fulfill its duties by
the vote of a simple majority of the members present.
(e) Except as otherwise provided by law, the Commission shall
maintain and make available for public inspection a record of the final
vote of each member on any action taken by it.
(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98 Stat.
2024; amended Pub. L. 100-690, title VII, Secs. 7104, 7105, 7106(b),
Nov. 18, 1988, 102 Stat. 4418; Pub. L. 101-650, title III,
Sec. 325(b)(5), Dec. 1, 1990, 104 Stat. 5121; Pub. L. 103-322, title
XXVIII, Sec. 280005(c)(1), Sept. 13, 1994, 108 Stat. 2097.)
References in Text
The provisions of title 28, United States Code, with respect to tort
claims, referred to in subsec. (a)(7), are classified generally to
section 1346(b) and chapter 171 (Sec. 2671 et seq.) of this title.
Amendments
1994--Subsec. (a)(3). Pub. L. 103-322 substituted ``Chair'' for
``Chairman''.
1990--Subsec. (a)(22). Pub. L. 101-650 struck out ``and'' after
semicolon at end.
1988--Subsec. (a)(2). Pub. L. 100-690, Sec. 7105, substituted
``Level 6 of the Senior Executive Service Schedule (5 U.S.C. 5382)'' for
``grade 18 of the General Schedule pay rates (5 U.S.C. 5332)''.
Subsec. (a)(23). Pub. L. 100-690, Sec. 7104, added par. (23).
Subsec. (a)(24). Pub. L. 100-690, Sec. 7106(b), added par. (24).
Section Referred to in Other Sections
This section is referred to in section 998 of this title.
