US (United States) Code. Title 28. Part III: Court officers and employees. Chapter 58: US (United States) Sentencing Commision

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 58 - UNITED STATES SENTENCING COMMISSION 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-MISC1-

Sec.

991. United States Sentencing Commission; establishment and

purposes.

992. Terms of office; compensation.

993. Powers and duties of Chair.

994. Duties of the Commission.

995. Powers of the Commission.

996. Director and staff.

997. Annual report.

998. Definitions.

AMENDMENTS

1994 - Pub. L. 103-322, title XXVIII, Sec. 280005(c)(1), Sept.

13, 1994, 108 Stat. 2097, substituted "Chair" for "Chairman" in

item 993.

-End-

-CITE-

28 USC Sec. 991 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 991. United States Sentencing Commission; establishment and

purposes

-STATUTE-

(a) There is established as an independent commission in the

judicial branch of the United States a United States Sentencing

Commission which shall consist of seven voting members and one

nonvoting member. The President, after consultation with

representatives of judges, prosecuting attorneys, defense

attorneys, law enforcement officials, senior citizens, victims of

crime, and others interested in the criminal justice process, shall

appoint the voting members of the Commission, by and with the

advice and consent of the Senate, one of whom shall be appointed,

by and with the advice and consent of the Senate, as the Chair and

three of whom shall be designated by the President as Vice Chairs.

At least three of the members shall be Federal judges selected

after considering a list of six judges recommended to the President

by the Judicial Conference of the United States. Not more than four

of the members of the Commission shall be members of the same

political party, and of the three Vice Chairs, no more than two

shall be members of the same political party. The Attorney General,

or the Attorney General's designee, shall be an ex officio,

nonvoting member of the Commission. The Chair, Vice Chairs, and

members of the Commission shall be subject to removal from the

Commission by the President only for neglect of duty or malfeasance

in office or for other good cause shown.

(b) The purposes of the United States Sentencing Commission are

to -

(1) establish sentencing policies and practices for the Federal

criminal justice system that -

(A) assure the meeting of the purposes of sentencing as set

forth in section 3553(a)(2) of title 18, United States Code;

(B) provide certainty and fairness in meeting the purposes of

sentencing, avoiding unwarranted sentencing disparities among

defendants with similar records who have been found guilty of

similar criminal conduct while maintaining sufficient

flexibility to permit individualized sentences when warranted

by mitigating or aggravating factors not taken into account in

the establishment of general sentencing practices; and

(C) reflect, to the extent practicable, advancement in

knowledge of human behavior as it relates to the criminal

justice process; and

(2) develop means of measuring the degree to which the

sentencing, penal, and correctional practices are effective in

meeting the purposes of sentencing as set forth in section

3553(a)(2) of title 18, United States Code.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98

Stat. 2017; amended Pub. L. 99-22, Sec. 1(1), Apr. 15, 1985, 99

Stat. 46; Pub. L. 103-322, title XXVIII, Sec. 280005(a), (c)(1),

(2), Sept. 13, 1994, 108 Stat. 2096, 2097; Pub. L. 104-294, title

VI, Sec. 604(b)(11), Oct. 11, 1996, 110 Stat. 3507.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 made technical correction to

directory language of Pub. L. 103-322. See 1994 Amendment note

below.

1994 - Subsec. (a). Pub. L. 103-322, Sec. 280005(c)(1), (2), in

second sentence, substituted "Chair" for "Chairman" and in fifth

sentence, substituted "the Attorney General's designee" for "his

designee".

Pub. L. 103-322, Sec. 280005(a), as amended by Pub. L. 104-294,

in second sentence, substituted "and three of whom shall be

designated by the President as Vice Chairs." for the period at end,

in fourth sentence, substituted ", and of the three Vice Chairs, no

more than two shall be members of the same political party." for

the period at end, and in last sentence, substituted "Chair, Vice

Chairs," for "Chairman".

1985 - Subsec. (a). Pub. L. 99-22 struck out "in regular active

service" after "Federal judges".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE

Chapter effective Oct. 12, 1984, see section 235(a)(1)(B)(i) of

Pub. L. 98-473, set out as a note under section 3551 of Title 18,

Crimes and Criminal Procedure.

COMPOSITION OF MEMBERS OF COMMISSION DURING FIRST FIVE-YEAR PERIOD

For provisions directing that, notwithstanding the provisions of

this section, during the five-year period following Oct. 12, 1984,

the United States Sentencing Commission shall consist of nine

members, including two ex officio, nonvoting members, see section

235(b)(5) of Pub. L. 98-473, set out as an Effective Date note

under section 3551 of Title 18, Crimes and Criminal Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 994 of this title.

-End-

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28 USC Sec. 992 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 992. Terms of office; compensation

-STATUTE-

(a) The voting members of the United States Sentencing Commission

shall be appointed for six-year terms, except that the initial

terms of the first members of the Commission shall be staggered so

that -

(1) two members, including the Chair, serve terms of six years;

(2) three members serve terms of four years; and

(3) two members serve terms of two years.

(b)(1) Subject to paragraph (2) -

(A) no voting member of the Commission may serve more than two

full terms; and

(B) a voting member appointed to fill a vacancy that occurs

before the expiration of the term for which a predecessor was

appointed shall be appointed only for the remainder of such term.

(2) A voting member of the Commission whose term has expired may

continue to serve until the earlier of -

(A) the date on which a successor has taken office; or

(B) the date on which the Congress adjourns sine die to end the

session of Congress that commences after the date on which the

member's term expired.

(c) The Chair and Vice Chairs of the Commission shall hold

full-time positions and shall be compensated during their terms of

office at the annual rate at which judges of the United States

courts of appeals are compensated. The voting members of the

Commission, other than the Chair and Vice Chairs, shall hold

full-time positions until the end of the first six years after the

sentencing guidelines go into effect pursuant to section

235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984, and shall be

compensated at the annual rate at which judges of the United States

courts of appeals are compensated. Thereafter, the voting members

of the Commission, other than the Chair and Vice Chairs,,(!1) shall

hold part-time positions and shall be paid at the daily rate at

which judges of the United States courts of appeals are

compensated. A Federal judge may serve as a member of the

Commission without resigning the judge's appointment as a Federal

judge.

(d) Sections 44(c) and 134(b) of this title (relating to the

residence of judges) do not apply to any judge holding a full-time

position on the Commission under subsection (c) of this section.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98

Stat. 2018; amended Pub. L. 99-646, Secs. 4, 6(a), Nov. 10, 1986,

100 Stat. 3592; Pub. L. 102-349, Sec. 1, Aug. 26, 1992, 106 Stat.

933; Pub. L. 103-322, title XXVIII, Sec. 280005(b), (c)(1), (3),

Sept. 13, 1994, 108 Stat. 2096, 2097.)

-REFTEXT-

REFERENCES IN TEXT

Section 235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984,

referred to in subsec. (c), is section 235(a)(1)(B)(ii) of Pub. L.

98-473, which is set out as an Effective Date note under section

3551 of Title 18, Crimes and Criminal Procedure.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 280005(c)(1),

substituted "Chair" for "Chairman".

Subsec. (c). Pub. L. 103-322, Sec. 280005(b), (c)(3), amended

first sentence generally, substituting "The Chair and Vice Chairs

of the Commission shall hold full-time positions and shall be

compensated during their terms" for "The Chairman of the Commission

shall hold a full-time position and shall be compensated during the

term", in second sentence, substituted "Chair and Vice Chairs" for

"Chairman", in third sentence, substituted "Chair and Vice Chairs,"

for "Chairman", and in last sentence, substituted "the judge's

appointment" for "his appointment".

1992 - Subsec. (b). Pub. L. 102-349 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "No

voting member may serve more than two full terms. A voting member

appointed to fill a vacancy that occurs before the expiration of

the term for which his predecessor was appointed shall be appointed

only for the remainder of such term."

1986 - Subsec. (c). Pub. L. 99-646, Sec. 4, substituted "section

235(a)(1)(B)(ii) of the Sentencing Reform Act of 1984" for "section

225(a)(1)(B)(ii) of the Sentencing Reform Act of 1983".

Subsec. (d). Pub. L. 99-646, Sec. 6(a), added subsec. (d).

COMMENCEMENT OF TERMS OF FIRST MEMBERS OF COMMISSION

For provisions directing that, for purposes of subsec. (a) of

this section, the terms of the first members of the United States

Sentencing Commission shall not begin to run until the sentencing

guidelines go into effect pursuant to section 235(a)(1)(B)(ii) of

Pub. L. 98-473, see section 235(a)(2) of Pub. L. 98-473, both of

which are set out as an Effective Date note under section 3551 of

Title 18, Crimes and Criminal Procedure.

-FOOTNOTE-

(!1) So in original.

-End-

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28 USC Sec. 993 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 993. Powers and duties of Chair

-STATUTE-

The Chair shall -

(a) call and preside at meetings of the Commission, which shall

be held for at least two weeks in each quarter after the members

of the Commission hold part-time positions; and

(b) direct -

(1) the preparation of requests for appropriations for the

Commission; and

(2) the use of funds made available to the Commission.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98

Stat. 2019; amended Pub. L. 99-22, Sec. 1(2), Apr. 15, 1985, 99

Stat. 46; Pub. L. 99-646, Sec. 5, Nov. 10, 1986, 100 Stat. 3592;

Pub. L. 103-322, title XXVIII, Sec. 280005(c)(1), Sept. 13, 1994,

108 Stat. 2097.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted "Chair" for "Chairman" in

section catchline and introductory provisions.

1986 - Subsec. (b)(2). Pub. L. 99-646 struck out provision that,

before appointment of first Chairman, Administrative Office of the

United States Courts may make requests for appropriations for

Commission.

1985 - Subsec. (b)(2). Pub. L. 99-22 inserted provision

authorizing the Administrative Office of the United States Courts

to make requests for appropriations for the Commission before the

appointment of the first Chairman of the Commission.

-End-

-CITE-

28 USC Sec. 994 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 994. Duties of the Commission

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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."

-SECREF-

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.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "incidence".

-End-

-CITE-

28 USC Sec. 995 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 995. Powers of the Commission

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 998 of this title.

-End-

-CITE-

28 USC Sec. 996 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 996. Director and staff

-STATUTE-

(a) The Staff Director shall supervise the activities of persons

employed by the Commission and perform other duties assigned to the

Staff Director by the Commission.

(b) The Staff Director shall, subject to the approval of the

Commission, appoint such officers and employees as are necessary in

the execution of the functions of the Commission. The officers and

employees of the Commission shall be exempt from the provisions of

part III of title 5, except the following: chapters 45 (Incentive

Awards), 63 (Leave), 81 (Compensation for Work Injuries), 83

(Retirement), 85 (Unemployment Compensation), 87 (Life Insurance),

and 89 (Health Insurance), and subchapter VI of chapter 55 (Payment

for accumulated and accrued leave).

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98

Stat. 2026; amended Pub. L. 100-690, title VII, Sec. 7106(c), Nov.

18, 1988, 102 Stat. 4418; Pub. L. 101-650, title III, Sec.

325(b)(6), Dec. 1, 1990, 104 Stat. 5121; Pub. L. 103-322, title

XXVIII, Sec. 280005(c)(5), Sept. 13, 1994, 108 Stat. 2097; Pub. L.

106-518, title III, Sec. 302(a), Nov. 13, 2000, 114 Stat. 2416.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-518 substituted "except the

following: chapters 45 (Incentive Awards), 63 (Leave), 81

(Compensation for Work Injuries), 83 (Retirement), 85 (Unemployment

Compensation), 87 (Life Insurance), and 89 (Health Insurance), and

subchapter VI of chapter 55 (Payment for accumulated and accrued

leave)" for "United States Code, except the following chapters: 45

(Incentive Awards), 81 (Compensation for Work Injuries), 83

(Retirement), 85 (Unemployment Compensation), 87 (Life Insurance),

and 89 (Health Insurance)".

1994 - Subsec. (a). Pub. L. 103-322 substituted "the Staff

Director" for "him" after "assigned to".

1990 - Subsec. (b). Pub. L. 101-650 substituted "and 89 (Health

Insurance)" for "89 (Health Insurance), and 91 (Conflicts of

Interest)".

1988 - Subsec. (b). Pub. L. 100-690 inserted reference to chapter

45 (Incentive Awards).

SAVINGS PROVISION

Pub. L. 106-518, title III, Sec. 302(b), Nov. 13, 2000, 114 Stat.

2417, provided that: "Any leave that an individual accrued or

accumulated (or that otherwise became available to such individual)

under the leave system of the United States Sentencing Commission

and that remains unused as of the date of the enactment of this Act

[Nov. 13, 2000] shall, on and after such date, be treated as leave

accrued or accumulated (or that otherwise became available to such

individual) under chapter 63 of title 5, United States Code."

-End-

-CITE-

28 USC Sec. 997 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 997. Annual report

-STATUTE-

The Commission shall report annually to the Judicial Conference

of the United States, the Congress, and the President of the United

States on the activities of the Commission.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98

Stat. 2026.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to requirement to report annually to Congress, 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.

-End-

-CITE-

28 USC Sec. 998 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 58 - UNITED STATES SENTENCING COMMISSION

-HEAD-

Sec. 998. Definitions

-STATUTE-

As used in this chapter -

(a) "Commission" means the United States Sentencing Commission;

(b) "Commissioner" means a member of the United States

Sentencing Commission;

(c) "guidelines" means the guidelines promulgated by the

Commission pursuant to section 994(a) of this title; and

(d) "rules and regulations" means rules and regulations

promulgated by the Commission pursuant to section 995 of this

title.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 217(a), Oct. 12, 1984, 98

Stat. 2026.)

-End-

-CITE-

28 USC PART IV - JURISDICTION AND VENUE 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

-HEAD-

PART IV - JURISDICTION AND VENUE

-MISC1-

Chap. Sec.

81. Supreme Court 1251

83. Courts of Appeals 1291

85. District Courts; Jurisdiction (!1)

1331

87. District Courts; Venue 1391

89. District Courts; Removal of Cases from State Courts 1441

91. United States Court of Federal Claims 1491

[93. Repealed.]

95. Court of International Trade 1581

97. Jurisdictional Immunities of Foreign States 1602

99. General Provisions 1631

AMENDMENTS

1992 - Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,

106 Stat. 4516, substituted "United States Court of Federal Claims"

for "United States Claims Court" as item for chapter 91.

1982 - Pub. L. 97-164, title I, Secs. 133(j)(1), 134, title III,

Sec. 301(b), Apr. 2, 1982, 96 Stat. 41, 55, substituted "United

States Claims Court" for "Court of Claims" in item for chapter 91,

struck out item for chapter 93 "Court of Customs and Patent

Appeals", and added item for chapter 99.

1980 - Pub. L. 96-417, title V, Sec. 501(20), Oct. 10, 1980, 94

Stat. 1742, substituted "Court of International Trade" for "Customs

Court" in item for chapter 95.

1978 - Pub. L. 95-598, title II, Sec. 241(b), Nov. 6, 1978, 92

Stat. 2671, directed the addition of item for chapter 90, "District

Courts and Bankruptcy Courts", which amendment did not become

effective pursuant to section 402(b) of Pub. L. 95-598, as amended,

set out as an Effective Date note preceding section 101 of Title

11, Bankruptcy.

1976 - Pub. L. 94-583, Sec. 4(b), Oct. 21, 1976, 90 Stat. 2897,

added item for chapter 97.

-FOOTNOTE-

(!1) So in original. Probably should be "1330".

-End-