Page:United States Statutes at Large Volume 116 Part 1.djvu/133
PUBLIC LAW 107-155—MAR. 27, 2002 116 STAT. 107 SEC. 314. SENTENCING GUIDELINES. 28 USC 994 note. (a) IN GENERAL.— The United States Sentencing Commission shall— (1) promulgate a guideline, or amend an existing guideline under section 994 of title 28, United States Code, in accordance with paragraph (2), for penalties for violations of the Federal Election Campaign Act of 1971 and related election laws; and (2) submit to Congress an explanation of any guidelines promulgated under paragraph (1) and any legislative or administrative recommendations regarding enforcement of the Federal Election Campaign Act of 1971 and related election laws. (b) CONSIDERATIONS.— The Commission shall provide guidelines under subsection (a) taking into account the following considerations: (1) Ensure that the sentencing guidelines and policy statements reflect the serious nature of such violations and the need for aggressive and appropriate law enforcement action to prevent such violations. (2) Provide a sentencing enhancement for any person convicted of such violation if such violation involves— (A) a contribution, donation, or expenditure from a foreign source; (B) a large number of illegal transactions; (C) a large aggregate amount of illegal contributions, donations, or expenditures; (D) the receipt or disbursement of governmental funds; and (E) an intent to achieve a benefit from the Federal Government. (3) Assure reasonable consistency with other relevant directives and guidelines of the Commission. (4) Account for aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements. (5) Assure the guidelines adequately meet the purposes of sentencing under section 3553(a)(2) of title 18, United States Code. (c) EFFECTIVE DATE; EMERGENCY AUTHORITY TO PROMULGATE GUIDELINES. — (1) EFFECTIVE DATE. —Notwithstanding section 402, the United States Sentencing Commission shall promulgate guidelines under this section not later than the later of— (A) 90 days after the effective date of this Act; or (B) 90 days after the date on which at least a majority of the members of the Commission are appointed and holding office. (2) EMERGENCY AUTHORITY TO PROMULGATE GUIDELINES.— The Commission shall promulgate guidelines under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under such Act has not expired.