|
U.S. Code as of:
01/19/04
Section 995. Powers of the Commission
(a) The Commission, by vote of a majority of the members present
and voting, shall have the power to -
(1) establish general policies and promulgate such rules and
regulations for the Commission as are necessary to carry out the
purposes of this chapter;
(2) appoint and fix the salary and duties of the Staff Director
of the Sentencing Commission, who shall serve at the discretion
of the Commission and who shall be compensated at a rate not to
exceed the highest rate now or hereafter prescribed for Level 6
of the Senior Executive Service Schedule (5 U.S.C. 5382);
(3) deny, revise, or ratify any request for regular,
supplemental, or deficiency appropriations prior to any
submission of such request to the Office of Management and Budget
by the Chair;
(4) procure for the Commission temporary and intermittent
services to the same extent as is authorized by section 3109(b)
of title 5, United States Code;
(5) utilize, with their consent, the services, equipment,
personnel, information, and facilities of other Federal, State,
local, and private agencies and instrumentalities with or without
reimbursement therefor;
(6) without regard to 31 U.S.C. 3324, enter into and perform
such contracts, leases, cooperative agreements, and other
transactions as may be necessary in the conduct of the functions
of the Commission, with any public agency, or with any person,
firm, association, corporation, educational institution, or
non-profit organization;
(7) accept and employ, in carrying out the provisions of this
title, voluntary and uncompensated services, notwithstanding the
provisions of 31 U.S.C. 1342, however, individuals providing such
services shall not be considered Federal employees except for
purposes of chapter 81 of title 5, United States Code, with
respect to job-incurred disability and title 28, United States
Code, with respect to tort claims;
(8) request such information, data, and reports from any
Federal agency or judicial officer as the Commission may from
time to time require and as may be produced consistent with other
law;
(9) monitor the performance of probation officers with regard
to sentencing recommendations, including application of the
Sentencing Commission guidelines and policy statements;
(10) issue instructions to probation officers concerning the
application of Commission guidelines and policy statements;
(11) arrange with the head of any other Federal agency for the
performance by such agency of any function of the Commission,
with or without reimbursement;
(12) establish a research and development program within the
Commission for the purpose of -
(A) serving as a clearinghouse and information center for the
collection, preparation, and dissemination of information on
Federal sentencing practices; and
(B) assisting and serving in a consulting capacity to Federal
courts, departments, and agencies in the development,
maintenance, and coordination of sound sentencing practices;
(13) collect systematically the data obtained from studies,
research, and the empirical experience of public and private
agencies concerning the sentencing process;
(14) publish data concerning the sentencing process;
(15) collect systematically and disseminate information
concerning sentences actually imposed, and the relationship of
such sentences to the factors set forth in section 3553(a) of
title 18, United States Code;
(16) collect systematically and disseminate information
regarding effectiveness of sentences imposed;
(17) devise and conduct, in various geographical locations,
seminars and workshops providing continuing studies for persons
engaged in the sentencing field;
(18) devise and conduct periodic training programs of
instruction in sentencing techniques for judicial and probation
personnel and other persons connected with the sentencing
process;
(19) study the feasibility of developing guidelines for the
disposition of juvenile delinquents;
(20) make recommendations to Congress concerning modification
or enactment of statutes relating to sentencing, penal, and
correctional matters that the Commission finds to be necessary
and advisable to carry out an effective, humane and rational
sentencing policy;
(21) hold hearings and call witnesses that might assist the
Commission in the exercise of its powers or duties;
(22) perform such other functions as are required to permit
Federal courts to meet their responsibilities under section
3553(a) of title 18, United States Code, and to permit others
involved in the Federal criminal justice system to meet their
related responsibilities;
(23) retain private attorneys to provide legal advice to the
Commission in the conduct of its work, or to appear for or
represent the Commission in any case in which the Commission is
authorized by law to represent itself, or in which the Commission
is representing itself with the consent of the Department of
Justice; and the Commission may in its discretion pay reasonable
attorney's fees to private attorneys employed by it out of its
appropriated funds. When serving as officers or employees of the
United States, such private attorneys shall be considered special
government employees as defined in section 202(a) of title 18;
and
(24) grant incentive awards to its employees pursuant to
chapter 45 of title 5, United States Code.
(b) The Commission shall have such other powers and duties and
shall perform such other functions as may be necessary to carry out
the purposes of this chapter, and may delegate to any member or
designated person such powers as may be appropriate other than the
power to establish general policy statements and guidelines
pursuant to section 994(a)(1) and (2), the issuance of general
policies and promulgation of rules and regulations pursuant to
subsection (a)(1) of this section, and the decisions as to the
factors to be considered in establishment of categories of offenses
and offenders pursuant to section 994(b). The Commission shall,
with respect to its activities under subsections (a)(9), (a)(10),
(a)(11), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), and
(a)(18), to the extent practicable, utilize existing resources of
the Administrative Office of the United States Courts and the
Federal Judicial Center for the purpose of avoiding unnecessary
duplication.
(c) Upon the request of the Commission, each Federal agency is
authorized and directed to make its services, equipment, personnel,
facilities, and information available to the greatest practicable
extent to the Commission in the execution of its functions.
(d) A simple majority of the membership then serving shall
constitute a quorum for the conduct of business. Other than for the
promulgation of guidelines and policy statements pursuant to
section 994, the Commission may exercise its powers and fulfill its
duties by the vote of a simple majority of the members present.
(e) Except as otherwise provided by law, the Commission shall
maintain and make available for public inspection a record of the
final vote of each member on any action taken by it.
|
|