TITLE IX - WHITE-COLLAR CRIME PENALTY ENHANCEMENTS
SEC. 905. AMENDMENT TO SENTENCING GUIDELINES RELATING TO CERTAIN WHITE-COLLAR
OFFENSES.
(a) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. - Pursuant to its
authority under section 994(p) of title 18, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review and,
as appropriate, amend the Federal Sentencing Guidelines and related policy statements
to implement the provisions of this Act.
(b) REQUIREMENTS. - In carrying out this section, the Sentencing Commission
shall -
(1) ensure that the sentencing guidelines and policy statements
reflect the serious nature of the offenses and the penalties set forth in this
Act, the growing incidence of serious fraud offenses which are identified above,
and the need to modify the sentencing guidelines and policy statements to deter,
prevent, and punish such offenses;
(2) consider the extent to which the guidelines and policy
statements adequately address whether the guideline offense levels and enhancements
for violations of the sections amended by this Act are sufficient to deter and
punish such offenses, and specifically, are adequate in view of the statutory
increases in penalties contained in this Act;
(3) assure reasonable consistency with other relevant directives
and sentencing guidelines;
(4) account for any additional aggravating or mitigating circumstances
that might justify exceptions to the generally applicable sentencing ranges;
(5) make any necessary conforming changes to the sentencing
guidelines; and
(6) assure that the guidelines adequately meet the purposes
of sentencing, as set forth in section 3553(a)(2) of title 18, United States
Code.
(c) EMERGENCY AUTHORITY AND DEADLINE FOR COMMISSION ACTION. - The United States
Sentencing Commission is requested to promulgate the guidelines or amendments
provided for under this section as soon as practicable, and in any event not
later than 180 days after the date of enactment of this Act, in accordance with
the procedures set forth in section 219(a) of the Sentencing Reform Act of 1987,
as though the authority under that Act had not expired.
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