I

103D CONGRESS

1ST SESSION H. R. 957

To amend title 18, United States Code, and other provisions of law, to

make them consistent with the Sentencing Reform Act of 1984.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 17, 1993

Mr. EDWARDS of California introduced the following bill; which was referred

to the Committee on the Judiciary

JULY 20, 1993

Additional sponsors: Mr. CLAY, Mrs. UNSOELD, Mr. TOWNS, Mr. DELLUMS,

Mr. DEFAZIO, Mr. HASTINGS, Mr. SERRANO, Mr. MCDERMOTT, Mr.

SABO, Mrs. MINK, Mr. CONYERS, Mr. MURPHY, Mr. WATT, Mr. FLAKE,

Mr. RANGEL, Mr. KOPETSKI, Mr. LEWIS of Georgia, Mr. HINCHEY, Mr.

SYNAR, Mr. HAMBURG, Mr. HILLIARD, Mrs. SCHROEDER, Mr. JEFFERSON, Mr. SWIFT, and Mr. JACOBS

A BILL

To amend title 18, United States Code, and other provisions

of law, to make them consistent with the Sentencing

Reform Act of 1984.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 (a) that this Act may be cited as the ‘‘Sentencing Uni4 formity Act of 1993’’.

5 (1) Section 102 of the Revised Statutes of the

6 United States (2 U.S.C. 192) is amended by striking
2

•HR 957 SC

1 ‘‘deemed guilty’’ and all that follows through the end

2 of such section and inserting ‘‘fined under title 18,

3 United States Code, or imprisoned not more than

4 one year, or both.’’.

5 (2) Section 11 of the Federal Contested Elec6 tions Act (2 U.S.C. 390) is amended by striking

7 ‘‘deemed guilty’’ and all that follows through the end

8 of such section and inserting ‘‘fined under title 18,

9 United States Code, or imprisoned not more than

10 one year, or both.’’.

11 (b) LAWS CODIFIED IN TITLE 7 OF THE UNITED

12 STATES CODE.—

13 (1) Section 6b of the Commodity Exchange Act

14 (7 U.S.C. 13a) is amended by striking ‘‘shall be

15 fined not more than $100,000, or imprisoned for not

16 less than six months nor’’ and inserting ‘‘shall be

17 fined under title 18, United States Code, or impris18 oned not’’.

19 (2) Section 6(c) of the Commodity Exchange

20 Act (7 U.S.C. 13b) is amended by striking ‘‘shall be

21 fined’’ and all that follows through ‘‘not less than

22 six months nor’’ and inserting ‘‘ shall be fined under

23 title 18, United States Code, or imprisoned not’’.

24 (3) Section 205(3) of the Packers and Stock25 yards Act, 1921 (7 U.S.C. 195) is amended by strik-
3

•HR 957 SC

1 ing ‘‘on conviction’’ and all that follows through

2 ‘‘five years’’ and inserting ‘‘be fined under title 18,

3 United States Code, or imprisoned not more than 5

4 years’’.

5 (3) Section 15(b)(1) of the Food Stamp Act of

6 1977 (7 U.S.C. 2024(b)(1)) is amended by striking

7 ‘‘less than six months nor’’.

8 (4) Section 15(c) of the Food Stamp Act of

9 1977 (7 U.S.C. 2024(c)) is amended by striking

10 ‘‘less than one year nor’’.

11 (c) LAWS CODIFIED IN TITLE 12 OF THE UNITED

12 STATES CODE.—Section 25A of the Federal Reserve Act

13 (12 U.S.C. 617 and 630) is amended—

14 (1) by striking ‘‘liable to a fine’’ and all that

15 follows through ‘‘five years, or both, in the discretion

16 of the court’’ and inserting ‘‘fined under title 18,

17 United States Code, or imprisoned not more than 5

18 years, or both’’; and

19 (2) by striking ‘‘upon conviction thereof’’ and

20 all that follows through ‘‘$5,000, in the discretion of

21 the court’’ and inserting ‘‘be fined under title 18,

22 United States Code, or imprisoned not more than 10

23 years, or both’’.

24 (d) LAWS CODIFIED IN TITLE 15 OF THE UNITED

25 STATES CODE.—
4

•HR 957 SC

1 (1) Section 73 of the Wilson Tariff Act (15

2 U.S.C. 8) is amended by striking ‘‘is guilty of a mis3 demeanor’’ and all that follows through ‘‘twelve

4 months’’ and inserting ‘‘shall be fined under title 18,

5 United States Code, or imprisoned not more than

6 one year, or both’’.

7 (2) Section 7(b) of the Act of August 12, 1958

8 (15 U.S.C. 1245(b)) is amended by striking ‘‘not

9 less than five years and’’.

10 (e) LAWS CODIFIED IN TITLE 16 OF THE UNITED

11 STATES CODE.—Section 2 of the Act of March 3, 1897

12 (16 U.S.C. 414) is amended by striking ‘‘guilty of a mis13 demeanor’’ and all that follows through the end of such

14 section and inserting ‘‘fined under title 18, United States

15 Code, or imprisoned not more than 30 days, or both.’’.

16 (f) AMENDMENTS TO TITLE 18 OF THE UNITED

17 STATES CODE.—

18 (1) Section 3561(a) of title 18, United States

19 Code, is amended to read as follows:

20 ‘‘(a) IN GENERAL.—A defendant who has been found

21 guilty of an offense may be sentenced to a term of proba22 tion unless the defendant is sentenced at the same time

23 to a term of imprisonment for the same or different

24 offense.’’.
5

•HR 957 SC

1 (2) Section 225(a) of title 18, United States

2 Code, is amended by striking ‘‘for a term’’ and all

3 that follows through ‘‘life’’ and inserting ‘‘for any

4 term or years or for life, or both’’.

5 (3) Section 844(h) of title 18, United States

6 Code, is amended—

7 (A) by inserting ‘‘not more than’’ before

8 ‘‘five years’’;

9 (B) by inserting ‘‘not more than’’ before

10 ‘‘ten years’’; and

11 (C) by striking ‘‘the court shall not place’’

12 and all that follows through ‘‘imposed under

13 this subsection’’ and inserting ‘‘a term imposed

14 under this subsection shall not’’.

15 (4) Section 924(c)(1) of title 18, United States

16 Code, is amended—

17 (A) by inserting ‘‘not more than’’ before

18 ‘‘five years’’;

19 (B) by inserting ‘‘not more than’’ before

20 ‘‘ten years’’;

21 (C) by inserting ‘‘not more than’’ before

22 ‘‘thirty years’’;

23 (D) by inserting ‘‘not more than’’ before

24 ‘‘twenty years’’;
6

•HR 957 SC

1 (E) by striking ‘‘without release’’ and in2 serting ‘‘or to imprisonment for any term of

3 years’’;

4 (F) by striking ‘‘the court shall not place’’

5 and all that follows through ‘‘imposed under

6 this subsection’’ and inserting ‘‘a term imposed

7 under this subsection shall not’’; and

8 (G) by striking the last sentence.

9 (5) Section 924(e)(1) of title 18, United States

10 Code, is amended by striking ‘‘not less than fifteen

11 years’’ and all that follows through the end of para12 graph (1) and inserting ‘‘any term of years.’’

13 (6) Section 929 of title 18, United States Code,

14 is amended—

15 (A) in subsection (a)(1), by striking ‘‘not

16 less than five years’’ and inserting ‘‘any term of

17 years’’;

18 (B) in subsection (b), by striking ‘‘the

19 court shall not’’ and all that follows through

20 ‘‘the terms of imprisonment’’ and inserting ‘‘a

21 term of imprisonment under this section shall

22 not’’; and

23 (C) by striking the last sentence of sub24 section (b).
7

•HR 957 SC

1 (7) Section 1091(b)(1) of title 18, United

2 States Code, is amended by inserting ‘‘any term of

3 years or for’’ before ‘‘life’’.

4 (8) Section 1111(b) of title 18, United States

5 Code, is amended by inserting ‘‘any term of years or

6 for’’ before ‘‘life’’ the first place it appears.

7 (9) Section 1116(a) of title 18, United States

8 Code, is amended by inserting ‘‘any term of years or

9 for’’ before ‘‘life’’.

10 (10) Section 1651 of title 18, United States

11 Code, is amended by inserting ‘‘any term of years or

12 for’’ before ‘‘life’’.

13 (11) Section 1652 of title 18, United States

14 Code, is amended by inserting ‘‘any term of years or

15 for’’ before ‘‘life’’.

16 (12) Section 1653 of title 18, United States

17 Code, is amended by inserting ‘‘any term of years or

18 for’’ before ‘‘life’’.

19 (13) Section 1655 of title 18, United States

20 Code, is amended by inserting ‘‘any term of years or

21 for’’ before ‘‘life’’.

22 (14) Section 1658 of title 18, United States

23 Code, is amended by striking ‘‘not less than ten

24 years and may be imprisoned’’ and inserting ‘‘for

25 any term or years or’’.
8

•HR 957 SC

1 (15) Section 1661 of title 18, United States

2 Code, is amended by striking ‘‘, for each offense’’

3 and all that follows through ‘‘days nor’’ and insert4 ing ‘‘be fined under this title, or imprisoned not’’.

5 (16) Section 2113(e) of title 18, United States

6 Code, is amended by striking ‘‘not less than ten

7 years’’ and inserting ‘‘for any term or years or for

8 life’’.

9 (17) Section 2251(d) of title 18, United States

10 Code, is amended by striking ‘‘less than five years

11 nor’’.

12 (18) Section 2251A of title 18, United States

13 Code, is amended by striking ‘‘not less than 20

14 years’’ each place it appears and inserting ‘‘any

15 term of years’’.

16 (19) Section 2252(b)(1) of title 18, United

17 States Code, is amended by striking ‘‘less than five

18 years nor’’.

19 (20) Section 2257(i) of title 18, United States

20 Code, is amended by striking ‘‘imprisoned for any

21 period’’ and all that follows through the end of sub22 section (i) and inserting ‘‘fined under this title or

23 imprisoned for not more than 5 years, or both.’’.

24 (21) Section 2381 of title 18, United States

25 Code, is amended—
9

•HR 957 SC

1 (A) by striking ‘‘not less than $10,000’’

2 and inserting ‘‘under this title’’; and

3 (B) by striking ‘‘not less than five years’’

4 and inserting ‘‘for life or for any term of

5 years’’.

6 (g) AMENDMENT TO LAW CODIFIED IN TITLE 19 OF

7 THE UNITED STATES CODE.—Section 3113 of the Re8 vised Statutes of the United States (19 U.S.C. 283) is

9 amended by striking ‘‘not less than three months, and’’.

10 (h) AMENDMENTS TO LAWS CODIFIED IN TITLE 21

11 OF THE UNITED STATES CODE.—

12 (1) Section 11 of the Act of March 3, 1915 (21

13 U.S.C. 212) is amended by striking ‘‘deemed guilty

14 of a misdemeanor’’ and all that follows through

15 ‘‘discretion of the court’’ and inserting ‘‘fined under

16 title 18, United States Code, or imprisoned not more

17 than 60 days, or both’’.

18 (2) Section 22 of the Federal Meat Inspection

19 Act (21 U.S.C. 622) is amended—

20 (A) by striking ‘‘deemed guilty of a felony’’

21 the first place it appears and all that follows

22 through ‘‘three years’’ and inserting ‘‘fined

23 under title 18, United States Code, or impris24 oned not more than 3 years, or both’’; and
10

•HR 957 SC

1 (B) by striking ‘‘deemed guilty of a felony’’

2 the second place it appears and all that follows

3 through the end of the section, and inserting

4 ‘‘summarily discharged from office and shall be

5 fined under title 18, United States Code, or im6 prisoned not more than 3 years, or both.’’.

7 (3) Section 401(b)(1) of the Controlled Sub8 stances Act (21 U.S.C. 841(b)(1) is amended—

9 (A) in subparagraph (A)—

10 (i) by striking ‘‘which may not be less

11 than 10 years or’’ and all that follows

12 through ‘‘20 years or more than’’ and in13 serting ‘‘of any term of years or for’’;

14 (ii) by striking ‘‘which may not be less

15 than 20 years and not more than life im16 prisonment’’ and inserting ‘‘of any term of

17 years or for life’’;

18 (iii) by striking ‘‘and if death’’ the

19 second place it appears and all that follows

20 through ‘‘life imprisonment,’’ and inserting

21 a comma;

22 (iv) by striking ‘‘without release’’ and

23 inserting ‘‘or for any term of years’’; and

24 (v) by striking the last two sentences;

25 (B) in subparagraph (B)—
11

•HR 957 SC

1 (i) by striking ‘‘less than 5 years and

2 not’’;

3 (ii) by striking ‘‘not less than 20

4 years or more than life’’ and inserting ‘‘for

5 life or any term of years’’;

6 (iii) by striking ‘‘less than 10 years

7 and not’’;

8 (iv) by striking ‘‘life imprisonment, a

9 fine’’ and inserting ‘‘imprisonment for life

10 or any term of years, a fine’’; and

11 (v) by striking the last two sentences;

12 and

13 (C) in subparagraph (C), by striking ‘‘less

14 than twenty years or’’.

15 (4) Section 404 of the Controlled Substances

16 Act (21 U.S.C. 844) is amended—

17 (A) by striking ‘‘not less than 15 days

18 but’’;

19 (B) by striking ‘‘a minimum of $2,500’’

20 and inserting ‘‘under this title’’;

21 (C) by striking ‘‘not less than 90 days

22 but’’;

23 (D) by striking ‘‘a minimum of $5,000’’

24 and inserting ‘‘under this title’’;
12

•HR 957 SC

1 (E) by striking ‘‘not less than 5 years

2 and’’;

3 (F) by striking ‘‘a minimum of $1,000’’

4 each place it appears and inserting ‘‘under this

5 title’’; and

6 (G) by striking the sentence beginning

7 ‘‘The imposition’’;

8 (5) Section 408 of the Controlled Substances

9 Act (21 U.S.C. 848) is amended—

10 (A) in subsection (a), by striking ‘‘which

11 may not be less’’ and all that follows through

12 ‘‘up to’’ each place they appear and inserting

13 ‘‘for any term of years or to’’;

14 (B) in subsection (b), by inserting ‘‘any

15 term of years or for’’ before ‘‘life’’ and

16 (B) by striking subsection (d).

17 (6) Section 408(e) of the Controlled Substances

18 Act (21 U.S.C. 848(e)) is amended—

19 (A) by striking out ‘‘any term of imprison20 ment’’ each place it appears and inserting ‘‘a

21 term of imprisonment’’; and

22 (B) by striking ‘‘which shall not be less’’

23 and all that follows through ‘‘up to life impris24 onment’’ each place they appear and inserting

25 ‘‘for life or any term of years’’.
13

•HR 957 SC

1 (7) Section 418 of the Controlled Substances

2 Act (21 U.S.C. 859) is amended—

3 (A) by striking each sentence beginning

4 with ‘‘Except to the extent’’; and

5 (B) by striking the sentence at the end of

6 subsection (a) that begins with ‘‘The mandatory

7 minimum’’.

8 (8) Section 419 of the Controlled Substances

9 Act (21 U.S.C. 860) is amended—

10 (A) in each of subsections (a) and (b), by

11 striking the sentence beginning with ‘‘Except to

12 the extent’’; and

13 (B) by striking the sentence at the end of

14 subsection (a) that begins with ‘‘The mandatory

15 minimum’’;

16 (C) in subsection (b), by striking ‘‘of not

17 less than three years and not more than life im18 prisonment’’ and inserting ‘‘for life or any term

19 or years’’; and

20 (D) by striking subsection (c).

21 (9) Section 420 of the Controlled Substances

22 Act (21 U.S.C. 861) is amended—

23 (A) in subsection (b), by striking the last

24 sentence;
14

•HR 957 SC

1 (B) in subsection (c), by striking the pe2 nultimate sentence; and

3 (C) by striking subsection (e).

4 (10) Section 1010(b) of the Controlled Sub5 stances Act (21 U.S.C. 960(b) is amended—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘of not less than 10

8 years and’’ and all that follows through

9 ‘‘20 years and not more than life,’’ the

10 first place it appears and inserting ‘‘for life

11 or any term of years,’’;

12 (ii) by striking ‘‘of not less than 20

13 years and not more than life imprison14 ment’’ and inserting ‘‘for life or any term

15 of years’’;

16 (iii) by striking ‘‘and if death’’ and all

17 that follows through ‘‘life imprisonment,’’

18 and inserting a comma; and

19 (iv) by striking the last two sentences;

20 (B) in paragraph (2)—

21 (i) by striking ‘‘not less than 5 years

22 and’’;

23 (ii) by striking ‘‘not less than twenty

24 years and’’;
15

•HR 957 SC

1 (iii) by striking ‘‘not less than 10

2 years and’’; and

3 (iv) by striking the last sentence; and

4 (C) in paragraph (3), by striking ‘‘not less

5 than twenty years and’’.

6 (i) AMENDMENT TO LAW CODIFIED IN TITLE 22 OF

7 THE UNITED STATES CODE.—Section 1750 of the Re8 vised Statutes of the United States (22 U.S.C. 4221) is

9 amended by striking ‘‘nor less than one year’’.

10 (j) AMENDMENTS TO LAWS CODIFIED IN TITLE 33

11 OF THE UNITED STATES CODE.—

12 (1) Section 2 of the Act of May 9, 1900 (33

13 U.S.C. 410) is amended by striking ‘‘any violation

14 thereof’’ and all that follows through ‘‘committed

15 against the United States’’ and inserting ‘‘whoever

16 violates any such rule or regulation shall be fined

17 under title 18, United States Code, or imprisoned

18 not more than one year, or both’’.

19 (2) Section 16 of the Act of March 3, 1899 (33

20 U.S.C. 411) is amended by striking ‘‘shall be guilty’’

21 and all that follows through ‘‘discretion of the

22 court’’ and inserting ‘‘shall be fined under title 18,

23 United States Code, or imprisoned not more than

24 one year, or both’’.
16

•HR 957 SC

1 (3) Section 1 of the Act of June 29, 1888 (33

2 U.S.C. 441) is amended—

3 (A) by striking ‘‘and every such act is

4 made a misdemeanor,’’; and

5 (B) by striking ‘‘, upon conviction’’ and all

6 that follows through ‘‘obtained shall decide’’

7 and inserting ‘‘be fined under title 18, United

8 States Code, or imprisoned not more than one

9 year, or both’’.

10 (4) Section 3 of the Act of June 29, 1888 (33

11 U.S.C. 447) is amended by striking ‘‘, on convic12 tion’’ and all that follows through ‘‘one year’’ and

13 inserting ‘‘be fined under title 18, United States

14 Code, or imprisoned not more than one year, or

15 both’’.

16 (k) AMENDMENT TO LAW CODIFIED IN TITLE 45 OF

17 THE UNITED STATES CODE.—Section 15 of the Act of

18 July 2, 1864 (45 U.S.C. 83) is amended by striking

19 ‘‘deemed guilty’’ and all that follows through ‘‘six months’’

20 and inserting ‘‘fined under title 18, United States Code,

21 or imprisoned not more than 6 months, or both’’.

22 (l) AMENDMENT TO LAW IN TITLE 46 OF THE

23 UNITED STATES CODE AND ITS APPENDIX.—Section

24 806(b) of the Merchant Marine Act, 1936 (46 U.S.C. App.

25 1228) is amended by striking ‘‘less than one year or’’.
17

•HR 957 SC

1 (m) AMENDMENTS TO LAWS CODIFIED IN TITLE 47

2 OF THE UNITED STATES CODE.—

3 (1) Section 5 of the Act of August 7, 1888 (47

4 U.S.C. 13) is amended by striking ‘‘guilty of a mis5 demeanor’’ and all that follows through ‘‘less than

6 six months’’ and inserting ‘‘fined under title 18,

7 United States Code, or imprisoned not more than 6

8 months, or both’’.

9 (2) Section 220(e) of the Communications Act

10 of 1934 (47 U.S.C. 220(e)) is amended by striking

11 ‘‘deemed guilty’’ and all that follows through ‘‘That

12 the’’ and inserting ‘‘fined under title 18, United

13 States Code, or imprisoned not more than 3 years,

14 or both. However, the’’.

15 (n) AMENDMENTS TO LAWS IN TITLE 49 OF THE

16 UNITED STATES CODE AND ITS APPENDIX.—

17 (1) Section 11911 of title 49, United States

18 Code, is amended—

19 (A) in subsection (a)—

20 (i) by striking ‘‘at least $1,000 but’’;

21 and

22 (ii) by striking ‘‘at least one year

23 but’’; and

24 (B) in subsection (b)—
18

•HR 957 SC

1 (i) by striking ‘‘at least $1,000 but’’;

2 and

3 (ii) by striking ‘‘at least one year

4 but’’.

5 (2) Section 902(i)(1) of the Federal Aviation

6 Act of 1958 (49 U.S.C. App. 1472(i)(1)) is amend7 ed—

8 (A) by striking ‘‘not less than 20 years’’

9 and inserting ‘‘any term of years’’; and

10 (B) by inserting ‘‘or for any term of years’’

11 after ‘‘imprisonment for life’’.

Æ

HR 957 SC——2