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Sarbanes Oxley
Act Section 905
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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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