-CITE-
    28 USC CHAPTER 58 - UNITED STATES SENTENCING COMMISSION     01/03/2007

-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                                             01/03/2007

-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.
    Not more than 3 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; Pub. L. 108-21,
    title IV, Sec. 401(n)(1), Apr. 30, 2003, 117 Stat. 675.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-21 substituted "Not more than 3"
    for "At least three".
      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 2003 AMENDMENT                 
      Pub. L. 108-21, title IV, Sec. 401(n)(2), Apr. 30, 2003, 117
    Stat. 676, provided that: "The amendment made under paragraph (1)
    [amending this section] shall not apply to any person who is
    serving, or who has been nominated to serve, as a member of the
    Sentencing Commission on the date of enactment of this Act [Apr.
    30, 2003]."

                     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.

-End-



-CITE-
    28 USC Sec. 992                                             01/03/2007

-EXPCITE-
    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-



-CITE-
    28 USC Sec. 993                                             01/03/2007

-EXPCITE-
    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                                             01/03/2007

-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 any Federal statute
    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 chapter 705 of title 46; 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 chapter 705 of title 46.

      (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)(1) The Chief Judge of each district court shall ensure that,
    within 30 days following entry of judgment in every criminal case,
    the sentencing court submits to the Commission, in a format
    approved and required by the Commission, a written report of the
    sentence, the offense for which it is imposed, the age, race, sex
    of the offender, and information regarding factors made relevant by
    the guidelines. The report shall also include - 
        (A) the judgment and commitment order;
        (B) the written statement of reasons for the sentence imposed
      (which shall include the reason for any departure from the
      otherwise applicable guideline range and which shall be stated on
      the written statement of reasons form issued by the Judicial
      Conference and approved by the United States Sentencing
      Commission);
        (C) any plea agreement;
        (D) the indictment or other charging document;
        (E) the presentence report; and
        (F) any other information as the Commission finds appropriate.

    The information referred to in subparagraphs (A) through (F) shall
    be submitted by the sentencing court in a format approved and
    required by the Commission.
      (2) The Commission shall, upon request, make available to the
    House and Senate Committees on the Judiciary, the written reports
    and all underlying records accompanying those reports described in
    this section, as well as other records received from courts.
      (3) The Commission shall submit to Congress at least annually an
    analysis of these documents, any recommendations for legislation
    that the Commission concludes is warranted by that analysis, and an
    accounting of those districts that the Commission believes have not
    submitted the appropriate information and documents required by
    this section.
      (4) The Commission shall make available to the Attorney General,
    upon request, such data files as the Commission itself may assemble
    or maintain in electronic form as a result of the information
    submitted under paragraph (1). Such data files shall be made
    available in electronic form and shall include all data fields
    requested, including the identity of the sentencing judge.
      (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; Pub.
    L. 108-21, title IV, Sec. 401(h), (k), Apr. 30, 2003, 117 Stat.
    672, 674; Pub. L. 109-177, title VII, Sec. 735, Mar. 9, 2006, 120
    Stat. 271; Pub. L. 109-304, Sec. 17(f)(1), Oct. 6, 2006, 120 Stat.
    1708.)

-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.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (h)(1)(B), (2)(B). Pub. L. 109-304 substituted
    "chapter 705 of title 46" for "the Maritime Drug Law Enforcement
    Act (46 U.S.C. App. 1901 et seq.)".
      Subsec. (w)(1). Pub. L. 109-177, Sec. 735(1)(A), (C), inserted ",
    in a format approved and required by the Commission," after
    "submits to the Commission" in introductory provisions and inserted
    concluding provisions.
      Subsec. (w)(1)(B). Pub. L. 109-177, Sec. 735(1)(B), inserted
    "written" before "statement of reasons for the sentence imposed"
    and "and which shall be stated on the written statement of reasons
    form issued by the Judicial Conference and approved by the United
    States Sentencing Commission" after "applicable guideline range".
      Subsec. (w)(4). Pub. L. 109-177, Sec. 735(2), substituted "itself
    may assemble or maintain in electronic form as a result of the" for
    "may assemble or maintain in electronic form that include any".
      2003 - Subsec. (a). Pub. L. 108-21, Sec. 401(k), substituted
    "consistent with all pertinent provisions of any Federal statute"
    for "consistent with all pertinent provisions of this title and
    title 18, United States Code,".
      Subsec. (w). Pub. L. 108-21, Sec. 401(h), amended subsec. (w)
    generally. Prior to amendment, subsec. (w) read as follows: "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."
      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
      Pub. L. 109-476, Sec. 4, Jan. 12, 2007, 120 Stat. 3571. - Fraud
    in obtaining confidential phone records information of covered
    entity.
      Pub. L. 109-295, title V, Sec. 551(d), Oct. 4, 2006, 120 Stat.
    1390. - Offenses involving border tunnels and passages.
      Pub. L. 109-248, title I, Sec. 141(b), July 27, 2006, 120 Stat.
    602. - Offenses committed by person who fails to register as sex
    offender.
      Pub. L. 109-181, Sec. 1(c), Mar. 16, 2006, 120 Stat. 287. -
    Trafficking in counterfeit goods, services, labels, documentation,
    and packaging.
      Pub. L. 109-177, title III, Sec. 307(c), Mar. 9, 2006, 120 Stat.
    240. - Theft of interstate and foreign shipments.
      Pub. L. 109-162, title XI, Sec. 1191(c), Jan. 5, 2006, 119 Stat.
    3129. - Offenses committed while wearing illicitly received public
    employee insignia or uniform.
      Pub. L. 109-76, Sec. 3, Sept. 29, 2005, 119 Stat. 2035. - False
    testimony and obstruction of justice involving international or
    domestic terrorism or anabolic steroids.
      Pub. L. 109-9, title I, Sec. 105, Apr. 27, 2005, 119 Stat. 222. -
    Intellectual property rights crimes.
      Pub. L. 108-482, title II, Sec. 204(b), Dec. 23, 2004, 118 Stat.
    3917. - Online felony offenses involving use of a domain name
    registered with materially false contact information.
      Pub. L. 108-458, title VI, Sec. 6703(b), Dec. 17, 2004, 118 Stat.
    3766. - False testimony and obstruction of justice involving
    international or domestic terrorism.
      Pub. L. 108-358, Sec. 3, Oct. 22, 2004, 118 Stat. 1664. -
    Offenses involving anabolic steroids.
      Pub. L. 108-275, Sec. 5, July 15, 2004, 118 Stat. 833. - Identity
    theft involving abuse of authority.
      Pub. L. 108-187, Sec. 4(b), Dec. 16, 2003, 117 Stat. 2705. -
    Fraud and related activity in connection with electronic mail.
      Pub. L. 108-21, title I, Sec. 104(a), Apr. 30, 2003, 117 Stat.
    653. - Kidnapping.
      Pub. L. 108-21, title IV, Sec. 401(b), (g), (i), (j)(1)-(4), (m),
    Apr. 30, 2003, 117 Stat. 668, 671-673, 675. - Child crimes and
    sexual offenses, child pornography, downward departures, and
    acceptance of responsibility.
      Pub. L. 108-21, title V, Sec. 504(c)(2), Apr. 30, 2003, 117 Stat.
    682. - Obscene visual representations of the sexual abuse of
    children.
      Pub. L. 108-21, title V, Sec. 512, Apr. 30, 2003, 117 Stat. 685. -
     Interstate travel to engage in sexual act with a juvenile.
      Pub. L. 108-21, title V, Sec. 513(c), Apr. 30, 2003, 117 Stat.
    685. - Activities relating to material constituting or containing
    child pornography.
      Pub. L. 108-21, title VI, Sec. 608(e), Apr. 30, 2003, 117 Stat.
    691. - Offenses involving gamma hydroxybutyric acid (GHB).
      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 II, Sec. 208, Apr. 24, 1996, 110 Stat.
    1240. - Mandatory victim restitution.
      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.

    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
      Pub. L. 98-473, title II, Sec. 236, Oct. 12, 1984, 98 Stat. 2033,
    provided that, four years after the sentencing guidelines
    promulgated pursuant to section 994(a)(1) of this title and
    sections 3581, 3583, and 3624 of title 18 went into effect, the
    General Accounting Office was to undertake a study of the
    guidelines 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 such undertaking, report
    the results to Congress; provided that, within one month of the
    start of the study, the United States Sentencing Commission was to
    submit a report detailing the operation of the sentencing guideline
    system and discussing any problems with the system or reforms
    needed; and provided that Congress was to review the study.

-FOOTNOTE-
    (!1) See References in Text note below.

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


-End-



-CITE-
    28 USC Sec. 995                                             01/03/2007

-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).

-End-



-CITE-
    28 USC Sec. 996                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                     01/03/2007

-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-