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Reports to Congress

Campaign Finance

Bullet Report to the Congress: Increased Penalties for Campaign Finance Offenses and Legislative Recommendations (May 2003).This report is submitted pursuant to section 314 of the Bipartisan Campaign Reform Act of 2002, Pub. L. 107-155 (the "Act"). Section 314 required the United States Sentencing Commission (the "Commission") to promulgate a guideline "for penalties for violations of the Federal Election Campaign Act of 1971." The Commission, acting under emergency authority conferred by the Act, promulgated an amendment, effective January 25, 2003, which created an temporary guideline for campaign finance offenses. That guideline was repromulgated without change as a permanent amendment in March 2003 and, subject to congressional review, will become effective on November 1, 2003. (.PDF)

Computer Crime

Bullet Report to the Congress: Increased Penalties for Cyber Security Offenses
This report is submitted pursuant to section 225(c) of the Homeland Security Act of 2002, Pub. L. 107-296. (May 2003) (.PDF)

Bullet Report to Congress - Adequacy of Federal Sentencing Guideline Penalties for Computer Fraud & Vandalism Offenses (.PDF) This report responds to the Antiterrorism and Effective Death Penalty Act of 1996’s directive to review the deterrent effect of existing guidelines as they apply to various computer crimes. The Commission reviewed its data of guideline convictions under the pertinent statute, conducted a search to determine whether any recidivism had occurred, developed a profile of a “typical offender,” and conducted a literature review of deterrence studies of “white collar” crime.

Corporate Crime and Fraud Topics

Bullet Report to Congress: Increased Penalties Under the Sarbanes Oxley Act of 2002. (January 2003) This report was submitted to Congress pursuant to section 1104(a)(3) of the Sarbanes-Oxley Act of 2002, Public Law 107-204 (.PDF).

Bullet Report to Congress: Telemarketing Fraud Offenses - Explanation of Recent Guideline Amendments (October 1998). As directed in section 6(b) of the Telemarketing Fraud Prevention Act of 1998, Public Law 105-184) the Sentencing Commission submitted to Congress an explanation of guideline amendments promulgated for telemarketing fraud offenses, as well as additional policy recommendations for combatting these offenses. (.PDF)

Bullet Report to the Congress: Adequacy of Penalties for Fraud Offenses Involving Elderly Victims (3/95) (.PDF) This report responds to a congressional directive to review the adequacy of victim-related guideline adjustments for fraud offenses against elderly victims. The report includes: (1) an overview of the legislative history leading to the statutory directive; (2) a discussion of the operation of the relevant sentencing guidelines and policy statements; (3) an examination of case law; (4) an empirical analysis of relevant sentencing data.

Departures

Bullet Report to the Congress: Downward Departures from the Federal Sentencing Guidelines (October 2003). This report was submitted in response to section 401(m) of the the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, Pub. L. No. 108-21.

Drug Topics

Bullet Report to Congress - Cocaine and Federal Sentencing Policy (May 2002)

Bullet Report to the Congress: MDMA Drug Offenses, Explanation of Recent Guideline Amendments - May 2001. (.PDF) This report was submitted to Congress pursuant to section 3663(e) of the Ecstasy Anti-Proliferation Act of 2000, Pub. L. No. 106-310.

Bullet Special Report to the Congress: Cocaine and Federal Sentencing Policy (February 1995). This report responds to a congressional directive that the Commission examine federal sentencing policy as it relates to powder and crack cocaine. The report examines pharmacology, methods of use, societal impacts, cocaine distribution and marketing, cocaine’s relationship to violent crime, the legislative history of cocaine penalties, and constitutional challenges; and data related to federal drug offenses.

Bullet Special Report to the Congress: Cocaine and Federal Sentencing Policy- April 29, 1997. This report contains the Commission's recommendations on federal sentencing policy for cocaine offenses. Appended to this report is Vice Chairman Michael Gelacak's Concurring Opinion. (.PDF)

Mandatory Minimum Penalties

Bullet Special Report to the Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (8/91) (.PDF) This report responds to a statutory directive that the Commission examine the compatibility of the sentencing guidelines and mandatory minimum penalties, the effect of mandatory minimums on the federal system, and congressional alternatives to mandatory minimums for directing sentencing policy.

Money Laundering Topics

Bullet Sentencing Policy for Money Laundering Offenses, including Comments on Department of Justice Report. - September 18, 1997(.PDF) This report responds to a congressional directive to comment on the Department of Justice's report on federal prosecutorial charging and plea practices affecting money laundering offenses. ( More Money Laundering publications.)

Sex Offense Topics

Bullet Report to the Congress: Adequacy of Penalties for the Intentional Exposure of Others, through Sexual Activity, to Human Immunodeficiency Virus (3/95) (.PDF) In this report, the Commission considers whether revisions to the sentencing guidelines were needed to accommodate offenses involving willful exposure to HIV. The report examines (1) the operation of the guidelines given the absence of a specific federal statute punishing the intentional transmission of HIV; (2) cases sentenced in fiscal year 1993 to determine the frequency with which HIV exposure was an issue at sentencing; and (3) pertinent case law.

Bullet Report to the Congress: Analysis of Penalties for Federal Rape Cases (3/95) (.PDF) This report discusses the operation of the sentencing guidelines with regard to federal rape cases, compares federal and state penalties for sexual assault, analyzes Sentencing Commission sexual abuse data, and analyzes public comment and expert opinion on pertinent issues.

Bullet Report to the Congress: Sex Crimes Against Children (6/96) This report analyzes all 1994 and 1995 cases involving sexual abuse, child pornography, or the promotion of illegal sexual contact. The report responds to a congressional directive in the Sex Crimes Against Children Prevention Act of 1995. Pertinent statutory provisions are analyzed and recommendations are presented.

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