§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;
(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-
(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
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
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
Amendments
1994-Subsec. (h)(1)(B), (2)(B).
Subsec. (i)(2).
Subsec. (y).
1988-Subsec. (a)(1)(E).
Subsec. (n).
Subsec. (p).
1987-Subsec. (r).
Subsec. (s).
Subsec. (w).
1986-Subsec. (a)(2)(C).
Subsec. (a)(2)(D) to (F).
Subsec. (a)(3).
Subsec. (b).
Subsec. (b)(2).
Subsec. (h).
Subsec. (i).
Subsecs. (n) to (t).
Subsec. (u).
Subsecs. (v) to (x).
1985-Subsec. (q).
Effective Date of 1987 Amendment
Amendment by
Identity Theft Offenses; Amendment of Sentencing Guidelines
"(a)
"(b)
"(1) the extent to which the number of victims (as defined in section 3663A(a) of title 18, United States Code) involved in the offense, including harm to reputation, inconvenience, and other difficulties resulting from the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines;
"(2) the number of means of identification, identification documents, or false identification documents (as those terms are defined in section 1028(d) of title 18, United States Code, as amended by this Act) involved in the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines;
"(3) the extent to which the value of the loss to any individual caused by the offense is an adequate measure for establishing penalties under the Federal sentencing guidelines;
"(4) the range of conduct covered by the offense;
"(5) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense;
"(6) the extent to which Federal sentencing guidelines sentences for the offense have been constrained by statutory maximum penalties;
"(7) the extent to which Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; and
"(8) any other factor that the United States Sentencing Commission considers to be appropriate."
Increased Penalties for Offenses Against Children and for Repeat Offenders
"SEC. 501. DEATH OR LIFE IN PRISON FOR CERTAIN OFFENSES WHOSE VICTIMS ARE CHILDREN.
"[Amended section 3559 of Title 18, Crimes and Criminal Procedure.]
"SEC. 502. SENTENCING ENHANCEMENT FOR CHAPTER 117 OFFENSES.
"(a)
"(b)
"SEC. 503. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.
"Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall-
"(1) review the Federal Sentencing Guidelines for-
"(A) aggravated sexual abuse under section 2241 of title 18, United States Code;
"(B) sexual abuse under section 2242 of title 18, United States Code;
"(C) sexual abuse of a minor or ward under section 2243 of title 18, United States Code; and
"(D) coercion and enticement of a minor under section 2422(b) of title 18, United States Code, contacting a minor under section 2422(c) of title 18, United States Code, and transportation of minors and travel under section 2423 of title 18, United States Code; and
"(2) upon completion of the review under paragraph (1), promulgate amendments to the Federal Sentencing Guidelines to provide appropriate enhancement if the defendant used a computer with the intent to persuade, induce, entice, coerce, or facilitate the transport of a child of an age specified in the applicable provision of law referred to in paragraph (1) to engage in any prohibited sexual activity.
"SEC. 504. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION IN THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.
"Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall-
"(1) review the Federal Sentencing Guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, sexual abuse under section 2242 of title 18, United States Code, sexual abuse of a minor or ward under section 2243 of title 18, United States Code, coercion and enticement of a minor under section 2422(b) of title 18, United States Code, contacting a minor under section 2422(c) of title 18, United States Code, and transportation of minors and travel under section 2423 of title 18, United States Code; and
"(2) upon completion of the review under paragraph (1), promulgate amendments to the Federal Sentencing Guidelines to provide appropriate enhancement if the defendant knowingly misrepresented the actual identity of the defendant with the intent to persuade, induce, entice, coerce, or facilitate the transport of a child of an age specified in the applicable provision of law referred to in paragraph (1) to engage in a prohibited sexual activity.
"SEC. 505. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEXUAL EXPLOITATION OF CHILDREN.
"Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall-
"(1) review the Federal Sentencing Guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, sexual abuse under section 2242 of title 18, United States Code, sexual abuse of a minor or ward under section 2243 of title 18, United States Code, coercion and enticement of a minor under section 2422(b) of title 18, United States Code, contacting a minor under section 2422(c) of title 18, United States Code, and transportation of minors and travel under section 2423 of title 18, United States Code; and
"(2) upon completion of the review under paragraph (1), promulgate amendments to the Federal Sentencing Guidelines to increase penalties applicable to the offenses referred to in paragraph (1) in any case in which the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.
"SEC. 506. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF PORNOGRAPHY.
"Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall-
"(1) review the Federal Sentencing Guidelines relating to the distribution of pornography covered under chapter 110 of title 18, United States Code, relating to the sexual exploitation and other abuse of children; and
"(2) upon completion of the review under paragraph (1), promulgate such amendments to the Federal Sentencing Guidelines as are necessary to clarify that the term 'distribution of pornography' applies to the distribution of pornography-
"(A) for monetary remuneration; or
"(B) for a nonpecuniary interest.
"SEC. 507. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
"In carrying out this title, the United States Sentencing Commission shall-
"(1) with respect to any action relating to the Federal Sentencing Guidelines subject to this title, ensure reasonable consistency with other guidelines of the Federal Sentencing Guidelines; and
"(2) with respect to an offense subject to the Federal Sentencing Guidelines, avoid duplicative punishment under the Federal Sentencing Guidelines for substantially the same offense."
Telemarketing Fraud; Amendment of Sentencing Guidelines
"(a)
"(b)
"(1) promulgate Federal sentencing guidelines or amend existing sentencing guidelines (and policy statements, if appropriate) to provide for substantially increased penalties for persons convicted of offenses described in section 2326 of title 18, United States Code, as amended by this Act, in connection with the conduct of telemarketing; and
"(2) submit to Congress an explanation of each action taken under paragraph (1) and any additional policy recommendations for combating the offenses described in that paragraph.
"(c)
"(1) ensure that the guidelines and policy statements promulgated or amended pursuant to subsection (b)(1) and any recommendations submitted thereunder reflect the serious nature of the offenses;
"(2) provide an additional appropriate sentencing enhancement, if the offense involved sophisticated means, including but not limited to sophisticated concealment efforts, such as perpetrating the offense from outside the United States;
"(3) provide an additional appropriate sentencing enhancement for cases in which a large number of vulnerable victims, including but not limited to victims described in section 2326(2) of title 18, United States Code, are affected by a fraudulent scheme or schemes;
"(4) ensure that guidelines and policy statements promulgated or amended pursuant to subsection (b)(1) are reasonably consistent with other relevant statutory directives to the Commission and with other guidelines;
"(5) account for any aggravating or mitigating circumstances that might justify upward or downward departures;
"(6) ensure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code; and
"(7) take any other action the Commission considers necessary to carry out this section.
"(d)
Wireless Telephone Cloning; Amendment of Sentencing Guidelines
"(1)
"(2)
"(A) the range of conduct covered by the offenses;
"(B) the existing sentences for the offenses;
"(C) the extent to which the value of the loss caused by the offenses (as defined in the Federal sentencing guidelines) is an adequate measure for establishing penalties under the Federal sentencing guidelines;
"(D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offenses;
"(E) the extent to which the Federal sentencing guideline sentences for the offenses have been constrained by statutory maximum penalties;
"(F) the extent to which Federal sentencing guidelines for the offenses adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code;
"(G) the relationship of Federal sentencing guidelines for the offenses to the Federal sentencing guidelines for other offenses of comparable seriousness; and
"(H) any other factor that the Commission considers to be appropriate."
Crime Against Intellectual Property; Sentencing Guidelines
"(1) Under the authority of the Sentencing Reform Act of 1984 (
"(2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed."
Enhanced Penalty for Offenses Against Property at National Cemeteries
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Veterans' Cemetery Protection Act of 1997'.
"SEC. 2. SENTENCING FOR OFFENSES AGAINST PROPERTY AT NATIONAL CEMETERIES.
"(a)
"(b)
"(1) appropriately severe; and
"(2) reasonably consistent with other relevant directives and with other Federal sentencing guidelines.
"(c)
"(1) in the National Cemetery Administration established under section 2400 of title 38, United States Code; or
"(2) under the jurisdiction of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Interior."
Offenses Involving Flunitrazepam; Amendment of Sentencing Guidelines
"(A)
"(B)
"(i) a summary of its review under subparagraph (A); and
"(ii) an explanation for any amendment to the sentencing guidelines made under subparagraph (A).
"(C)
Manufacture of Methamphetamine; Amendment of Sentencing Guidelines
Enhanced Penalty for Trafficking in Methamphetamine
"(a)
"(b)
"(1) the rapidly growing incidence of methamphetamine abuse and the threat to public safety such abuse poses;
"(2) the high risk of methamphetamine addiction;
"(3) the increased risk of violence associated with methamphetamine trafficking and abuse; and
"(4) the recent increase in the illegal importation of methamphetamine and precursor chemicals."
Enhanced Penalties for Offenses Involving Certain Listed Chemicals
"(1)
"(A) section 401(d)(1) and (2) of the Controlled Substances Act (21 U.S.C 841(d)(1) and (2)); and
"(B) section 1010(d)(1) and (3) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)(1) and (3)).
"(2)
Enhanced Penalty for Dangerous Handling of Controlled Substances
"(a)
"(b)
"(1) subsection (d) or (e) of section 3008 of the Solid Waste Disposal Act [42 U.S.C. 6928(d), (e)] (relating to handling hazardous waste in a manner inconsistent with Federal or applicable State law);
"(2) section 103(b) of the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. 9603(b)] (relating to failure to notify as to the release of a reportable quantity of a hazardous substance into the environment);
"(3) section 301(a), 307(d), 309(c)(2), 309(c)(3), 311(b)(3), or 311(b)(5) of the Federal Water Pollution Control Act [33 U.S.C. 1311(a), 1317(d), 1319(c)(2), (3), 1321(b)(3), (5)] (relating to the unlawful discharge of pollutants or hazardous substances, the operation of a source in violation of a pretreatment standard, and the failure to notify as to the release of a reportable quantity of a hazardous substance into the water); or
"(4) section 5124 of title 49, United States Code (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material)."
Alien Smuggling; Amendment of Sentencing Guidelines
"(1)
"(2)
"(A) increase the base offense level for such offenses at least 3 offense levels above the applicable level in effect on the date of the enactment of this Act [Sept. 30, 1996];
"(B) review the sentencing enhancement for the number of aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the sentencing enhancement by at least 50 percent above the applicable enhancement in effect on the date of the enactment of this Act;
"(C) impose an appropriate sentencing enhancement upon an offender with 1 prior felony conviction arising out of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant's criminal history category;
"(D) impose an additional appropriate sentencing enhancement upon an offender with 2 or more prior felony convictions arising out of separate and prior prosecutions for offenses that involved the same or similar underling [sic] conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant's criminal history category;
"(E) impose an appropriate sentencing enhancement on a defendant who, in the course of committing an offense described in this subsection-
"(i) murders or otherwise causes death, bodily injury, or serious bodily injury to an individual;
"(ii) uses or brandishes a firearm or other dangerous weapon; or
"(iii) engages in conduct that consciously or recklessly places another in serious danger of death or serious bodily injury;
"(F) consider whether a downward adjustment is appropriate if the offense is a first offense and involves the smuggling only of the alien's spouse or child; and
"(G) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments.
"(3)
Fraudulent Use of Government-Issued Documents; Amendment of Sentencing Guidelines
"(1)
"(2)
"(A) increase the base offense level for such offenses at least 2 offense levels above the level in effect on the date of the enactment of this Act [Sept. 30, 1996];
"(B) review the sentencing enhancement for number of documents or passports involved (U.S.S.G. 2L2.1(b)(2)), and increase the upward adjustment by at least 50 percent above the applicable enhancement in effect on the date of the enactment of this Act;
"(C) impose an appropriate sentencing enhancement upon an offender with 1 prior felony conviction arising out of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant's criminal history category;
"(D) impose an additional appropriate sentencing enhancement upon an offender with 2 or more prior felony convictions arising out of separate and prior prosecutions for offenses that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant's criminal history category; and
"(E) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments.
"(3)
Involuntary Servitude; Amendment of Sentencing Guidelines
"(b)
"(1) between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for kidnapping offenses in effect on the date of the enactment of this Act [Sept. 30, 1996]; and
"(2) between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for alien smuggling offenses in effect on the date of the enactment of this Act and after the amendment made by subsection (a) [amending sections 1581, 1583, 1584, and 1588 of Title 18, Crimes and Criminal Procedure].
"(c)
"(1)
"(A) reduce or eliminate any unwarranted disparity found under subsection (b) that exists between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for kidnapping offenses and alien smuggling offenses;
"(B) ensure that the applicable guidelines for defendants convicted of peonage, involuntary servitude, and slave trade offenses are sufficiently stringent to deter such offenses and adequately reflect the heinous nature of such offenses; and
"(C) ensure that the guidelines reflect the general appropriateness of enhanced sentences for defendants whose peonage, involuntary servitude, or slave trade offenses involve-
"(i) a large number of victims;
"(ii) the use or threatened use of a dangerous weapon; or
"(iii) a prolonged period of peonage or involuntary servitude.
"(2)
Penalties for Conspiring With or Assisting an Alien To Commit an Offense Under the Controlled Substances Import and Export Act
"(a)
"(b)
Enhanced Penalties for Failure To Depart, Illegal Reentry, and Passport and Visa Fraud
"(a)
"(b)
Mandatory Victim Restitution; Amendment of Sentencing Guidelines
International Terrorism; Amendment of Sentencing Guidelines
Deterrent Against Terrorist Activity Damaging Federal Interest Computer
"(a)
"(b)
"(c)
Sex Crimes Against Minors
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Sex Crimes Against Children Prevention Act of 1995'.
"SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.
"The United States Sentencing Commission shall amend the sentencing guidelines to-
"(1) increase the base offense level for an offense under section 2251 of title 18, United States Code, by at least 2 levels; and
"(2) increase the base offense level for an offense under section 2252 of title 18, United States Code, by at least 2 levels.
"SEC. 3. INCREASED PENALTIES FOR USE OF COMPUTERS IN SEXUAL EXPLOITATION OF CHILDREN.
"The United States Sentencing Commission shall amend the sentencing guidelines to increase the base offense level by at least 2 levels for an offense committed under section 2251(c)(1)(A) or 2252(a) of title 18, United States Code, if a computer was used to transmit the notice or advertisement to the intended recipient or to transport or ship the visual depiction.
"SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF CHILDREN WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY.
"The United States Sentencing Commission shall amend the sentencing guidelines to increase the base offense level for an offense under section 2423(a) of title 18, United States Code, by at least 3 levels."
"(1) Pursuant to its authority under section 994 of title 28, United States Code, the Sentencing Commission shall promulgate guidelines, or amend existing or proposed guidelines as follows:
"(A) Guideline 2G2.2 to provide a base offense level of not less than 15 and to provide at least a 5 level increase for offenders who have engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.
"(B) Guideline 2G2.4 to provide that such guideline shall apply only to offense conduct that involves the simple possession of materials proscribed by chapter 110 of title 18, United States Code and guideline 2G2.2 to provide that such guideline shall apply to offense conduct that involves receipt or trafficking (including, but not limited to transportation, distribution, or shipping).
"(C) Guideline 2G2.4 to provide a base offense level of not less than 13, and to provide at least a 2 level increase for possessing 10 or more books, magazines, periodicals, films, video tapes or other items containing a visual depiction involving the sexual exploitation of a minor.
"(D) Section 2G3.1 to provide a base offense level of not less than 10.
"(2)(A) Notwithstanding any other provision of law, the Sentencing Commission shall promulgate the amendments mandated in subsection (1) by November 1, 1991, or within 30 days after enactment [Oct. 28, 1991], whichever is later. The amendments to the guidelines promulgated under subsection (1) shall take effect November 1, 1991, or 30 days after enactment, and shall supersede any amendment to the contrary contained in the amendments to the sentencing guidelines submitted to the Congress by the Sentencing Commission on or about May 1, 1991.
"(B) The provisions of section 944(x) [994(x)] of title 28, United States Code, shall not apply to the promulgation or amendment of guidelines under this section."
Cocaine and Crack Sentences and Sentences for Money Laundering and Other Unlawful Activity; Reduction of Sentencing Disparities
"SECTION 1. DISAPPROVAL OF AMENDMENTS RELATING TO LOWERING OF CRACK SENTENCES AND SENTENCES FOR MONEY LAUNDERING AND TRANSACTIONS IN PROPERTY DERIVED FROM UNLAWFUL ACTIVITY.
"In accordance with section 994(p) of title 28, United States Code, amendments numbered 5 and 18 of the 'Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary', submitted by the United States Sentencing Commission to Congress on May 1, 1995, are hereby disapproved and shall not take effect.
"SEC. 2. REDUCTION OF SENTENCING DISPARITY.
"(a)
"(1)
"(A) the sentence imposed for trafficking in a quantity of crack cocaine should generally exceed the sentence imposed for trafficking in a like quantity of powder cocaine;
"(B) high-level wholesale cocaine traffickers, organizers, and leaders, of criminal activities should generally receive longer sentences than low-level retail cocaine traffickers and those who played a minor or minimal role in such criminal activity;
"(C) if the Government establishes that a defendant who traffics in powder cocaine has knowledge that such cocaine will be converted into crack cocaine prior to its distribution to individual users, the defendant should be treated at sentencing as though the defendant had trafficked in crack cocaine; and
"(D) an enhanced sentence should generally be imposed on a defendant who, in the course of an offense described in this subsection-
"(i) murders or causes serious bodily injury to an individual;
"(ii) uses a dangerous weapon;
"(iii) uses or possesses a firearm;
"(iv) involves a juvenile or a woman who the defendant knows or should know to be pregnant;
"(v) engages in a continuing criminal enterprise or commits other criminal offenses in order to facilitate his drug trafficking activities;
"(vi) knows, or should know, that he is involving an unusually vulnerable person;
"(vii) restrains a victim;
"(viii) traffics in cocaine within 500 feet of a school;
"(ix) obstructs justice;
"(x) has a significant prior criminal record; or
"(xi) is an organizer or leader of drug trafficking activities involving five or more persons.
"(2)
"(b)
Penalties for Intentional Transmission of HIV; Sentencing Guidelines
United States Sentencing Commission to conduct study and submit, not later than 6 months after Sept. 13, 1994, report to Committees on the Judiciary of Senate and House of Representatives concerning revision of sentencing guidelines that relate to offenses in which HIV infected individual engages in sexual activity if individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV, see section 14011(c) of Title 42, The Public Health and Welfare.
Increased Penalties for Drug-Dealing in "Drug-Free" Zones
Pursuant to authority under this section, United States Sentencing Commission to amend sentencing guidelines to provide appropriate enhancement for defendant convicted of violating section 860 of Title 21, Food and Drugs, see section 14051 of Title 42, The Public Health and Welfare.
Enhanced Penalties for Illegal Drug Use in Federal Prisons and for Smuggling Drugs Into Federal Prisons
Pursuant to authority under this section, United States Sentencing Commission to amend sentencing guidelines to appropriately enhance penalty for person convicted under section 844 of Title 21, Food and Drugs, involving simple possession of controlled substance within Federal prison or other Federal detention facility, or under section 841(b) of Title 21, involving smuggling of controlled substance into Federal prison or other Federal detention facility or distribution or intended distribution of controlled substance within Federal prison or other Federal detention facility, see section 14052(b) of Title 42, The Public Health and Welfare.
Enhanced Penalties for Repeat Sex Offenders
Section 40111(b) of
Aggravated Sexual Abuse or Sexual Abuse; Sentencing Guidelines; Report on Federal Rape Sentencing
Section 40112 of
"(a)
"(1) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to enhance penalties if more than 1 offender is involved in the offense.
"(2) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to reduce unwarranted disparities between the sentences for sex offenders who are known to the victim and sentences for sex offenders who are not known to the victim.
"(3) The Commission shall review and promulgate amendments to the guidelines to enhance penalties, if appropriate, to render Federal penalties on Federal territory commensurate with penalties for similar offenses in the States.
"(4) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to account for the general problem of recidivism in cases of sex offenses, the severity of the offense, and its devastating effects on survivors.
"(b)
"(1) comparative Federal sentences for cases in which the rape victim is known to the defendant and cases in which the rape victim is not known to the defendant;
"(2) comparative Federal sentences for cases on Federal territory and sentences in surrounding States; and
"(3) an analysis of the effect of rape sentences on populations residing primarily on Federal territory relative to the impact of other Federal offenses in which the existence of Federal jurisdiction depends upon the offense's being committed on Federal territory."
Applicability of Mandatory Minimum Penalties in Certain Cases; Sentencing Commission Authority
Section 80001(b) of
"(1)
"(i) shall promulgate guidelines, or amendments to guidelines, to carry out the purposes of this section [amending section 3553 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 3553 of Title 18] and the amendment made by this section; and
"(ii) may promulgate policy statements, or amendments to policy statements, to assist in the application of this section and that amendment.
"(B) In the case of a defendant for whom the statutorily required minimum sentence is 5 years, such guidelines and amendments to guidelines issued under subparagraph (A) shall call for a guideline range in which the lowest term of imprisonment is at least 24 months.
"(2)
Enhanced Penalty for Use of Semiautomatic Firearm During Crime of Violence or Drug Trafficking Crime
Section 110501 of
"(a)
"(b)
Enhanced Penalty for Second Offense of Using Explosive To Commit Felony
Section 110502 of
Enhanced Penalty for Using Firearm in Commission of Counterfeiting or Forgery
Section 110512 of
Enhanced Penalties for Firearms Possession by Violent Felons and Serious Drug Offenders
Section 110513 of
"(1) appropriately enhance penalties in cases in which a defendant convicted under section 922(g) of title 18, United States Code, has 1 prior conviction by any court referred to in section 922(g)(1) of title 18 for a violent felony (as defined in section 924(e)(2)(B) of that title) or a serious drug offense (as defined in section 924(e)(2)(A) of that title); and
"(2) appropriately enhance penalties in cases in which such a defendant has 2 prior convictions for a violent felony (as so defined) or a serious drug offense (as so defined)."
Enhanced Penalties for Felonies Promoting International Terrorism
Section 120004 of
Enhanced Penalty for Solicitation of Minor To Commit Crime
Section 140008 of
"(a)
"(2) The Commission shall provide that the guideline enhancement promulgated pursuant to paragraph (1) shall apply for any offense in relation to which the defendant has solicited, procured, recruited, counseled, encouraged, trained, directed, commanded, intimidated, or otherwise used or attempted to use any person less than 18 years of age with the intent that the minor would commit a Federal offense.
"(b)
"(1) the severity of the crime that the defendant intended the minor to commit;
"(2) the number of minors that the defendant used or attempted to use in relation to the offense;
"(3) the fact that involving a minor in a crime of violence is frequently of even greater seriousness than involving a minor in a drug trafficking offense, for which the guidelines already provide a two-level enhancement; and
"(4) the possible relevance of the proximity in age between the offender and the minor(s) involved in the offense."
Enhanced Penalty for Possession or Distribution of Drugs at Truck Stops or Safety Rest Areas
Section 180201(c) of
Crimes Against the Elderly; Sentencing Guidelines
Section 240002 of
"(a)
"(b)
"(1) the guidelines provide for increasingly severe punishment for a defendant commensurate with the degree of physical harm caused to the elderly victim;
"(2) the guidelines take appropriate account of the vulnerability of the victim; and
"(3) the guidelines provide enhanced punishment for a defendant convicted of a crime of violence against an elderly victim who has previously been convicted of a crime of violence against an elderly victim, regardless of whether the conviction occurred in Federal or State court.
"(c)
"(1) 'crime of violence' means an offense under section 113, 114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18, United States Code.
"(2) 'elderly victim' means a victim who is 65 years of age or older at the time of an offense."
Enhanced Penalties for Fraud Against Older Victims; Report to Congress
Section 250003 of
"(a)
"(b)
Enhanced Penalty for Hate Crimes
Section 280003 of
"(a)
"(b)
Increased Penalties in Major Bank Crime Cases
"(a)
"(b)
Guidelines Relating to Methamphetamine Offenses
Guidelines Relating to Offenses Substantially Jeopardizing Safety and Soundness of Federally Insured Financial Institutions
Penalties for Importation of Controlled Substances by Aircraft and Other Vessels
Section 6453 of
"(a)
"(1) an aircraft other than a regularly scheduled commercial air carrier was used to import the controlled substance; or
"(2) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance,
shall be assigned an offense level under chapter 2 of the sentencing guidelines that is-
"(A) two levels greater than the level that would have been assigned had the offense not been committed under circumstances set forth in (A) or (B) [(1) or (2)] above; and
"(B) in no event less than level 26.
"(b)
Enhanced Penalties for Drug Offenses Involving Children
Section 6454 of
"(a)
"(1) two levels greater than the level that would have been assigned for the underlying controlled substance offense; and
"(2) in no event less than level 26.
"(b)
"(c)
Drug Offenses Within Federal Prisons; Sentencing Guidelines
Section 6468(c), (d) of
"(c) Pursuant to its authority under section 994(p) of title 28, United States Code, and section 21 of the Sentencing Act of 1987 [
"(1) two levels greater than the level that would have been assigned had the offense not been committed in prison; and
"(2) in no event less than level 26.
"(d) If the sentencing guidelines are amended after the effective date of this section [Nov. 18, 1988], the Sentencing Commission shall implement the instruction set forth in subsection (c) so as to achieve a comparable result."
Common Carrier Operation Under Influence of Alcohol or Drugs; Sentencing Guidelines
Section 6482(c) of
"(1) Pursuant to its authority under section 994(p) of title 28, United States Code, and section 21 of the Sentencing Act of 1987 [
"(A) a defendant convicted of violating section 342 of title 18, United States Code, under circumstances in which death results, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is not less than level 26; and
"(B) a defendant convicted of violating section 342 of title 18, United States Code, under circumstances in which serious bodily injury results, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is not less than level 21.
"(2) If the sentencing guidelines are amended after the effective date of this section [Nov. 18, 1988], the Sentencing Commission shall implement the instruction set forth in paragraph (1) so as to achieve a comparable result."
Emergency Guidelines Promulgation Authority
Section 21 of
"(a)
"(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)
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
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
Studies of Impact and Operation of Sentencing Guideline System; Reporting Requirements
Section 236 of
"(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 29 sections 504, 1111; title 42 sections 14051, 14052.