Requirement (SOX)
Section 905. Amendment to sentencing guidelines relating to certain white-collar offenses
Requirements SOX
Description
Description
(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;
H. R. 3763—62
(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.