Sec. 401. SENTENCING REFORM
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## SEC. 401 SENTENCING REFORM ###
(a)* * * * * * * * * * ###
(j)Conforming Amendments **[**[28 U.S.C. 994 note](/us/usc/t28/s994)**]** ####
(1)Upon enactment of this Act, the Sentencing Commission shall forthwith distribute to all courts of the United States and to the United States Probation System the amendments made by subsections (b), (g), and
(i)of this section to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission. These amendments shall take effect upon the date of enactment of this Act, in accordance with paragraph (5). ####
(2)On or before May 1, 2005, the Sentencing Commission shall not promulgate any amendment to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission that is inconsistent with any amendment made by subsection
(b)or that adds any new grounds of downward departure to Part K of chapter 5. ####
(3)With respect to cases covered by the amendments made by subsection
(i)of this section, the Sentencing Commission may make further amendments to the sentencing guidelines, policy statements, or official commentary of the Sentencing Commission, except that the Commission shall not promulgate any amendments that, with respect to such cases, would result in sentencing ranges that are lower than those that would have applied under such subsection. ####
(4)At no time may the Commission promulgate any amendment that would alter or repeal the amendments made by subsection
(g)of this section. * * * * * * * ###
(l)Report by Attorney General **[**[18 U.S.C. 3553 note](/us/usc/t18/s3553)**]** ####
(1)Defined term For purposes of this section, the term “**report described in paragraph (3)**” means a report, submitted by the Attorney General, which states in detail the policies and procedures that the Department of Justice has adopted subsequent to the enactment of this Act— #####
(A)to ensure that Department of Justice attorneys oppose sentencing adjustments, including downward departures, that are not supported by the facts and the law; #####
(B)to ensure that Department of Justice attorneys in such cases make a sufficient record so as to permit the possibility of an appeal; #####
(C)to delineate objective criteria, specified by the Attorney General, as to which such cases may warrant consideration of an appeal, either because of the nature or magnitude of the sentencing error, its prevalence in the district, or its prevalence with respect to a particular judge; #####
(D)to ensure that Department of Justice attorneys promptly notify the designated Department of Justice component in Washington concerning such adverse sentencing decisions; and #####
(E)to ensure the vigorous pursuit of appropriate and meritorious appeals of such adverse decisions. ####
(2)Report required #####
(A)In general Not later than 15 days after a district court's grant of a downward departure in any case, other than a case involving a downward departure for substantial assistance to authorities pursuant to section 5K1.1 of the United States Sentencing Guidelines, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate containing the information described under subparagraph (B). #####
(B)Contents The report submitted pursuant to subparagraph
(A)shall set forth— ######
(i)the case; ######
(ii)the facts involved; ######
(iii)the identity of the district court judge; ######
(iv)the district court's stated reasons, whether or not the court provided the United States with advance notice of its intention to depart; and ######
(v)the position of the parties with respect to the downward departure, whether or not the United States has filed, or intends to file, a motion for reconsideration. #####
(C)Appeal of the departure Not later than 5 days after a decision by the Solicitor General regarding the authorization of an appeal of the departure, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate that describes the decision of the Solicitor General and the basis for such decision. ####
(3)Effective date Paragraph
(2)shall take effect on the day that is 91 days after the date of enactment of this Act, except that such paragraph shall not take effect if not more than 90 days after the date of enactment of this Act the Attorney General has submitted to the Judiciary Committees of the House of Representatives and the Senate the report described in paragraph (3). ###
(m)Reform of Existing Permissible Grounds of Downward Departures **[**[28 U.S.C. 994 note](/us/usc/t28/s994)**]** Not later than 180 days after the enactment of this Act, the United States Sentencing Commission shall— ####
(1)review the grounds of downward departure that are authorized by the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission; and ####
(2)promulgate, pursuant to section 994 of title 28, United States Code— #####
(A)appropriate amendments to the sentencing guidelines, policy statements, and official commentary to ensure that the incidence of downward departures are substantially reduced; #####
(B)a policy statement authorizing a downward departure of not more than 4 levels if the Government files a motion for such departure pursuant to an early disposition program authorized by the Attorney General and the United States Attorney; and #####
(C)any other conforming amendments to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission necessitated by this Act, including a revision of paragraph 4(b) of part A of chapter 1 and a revision of section 5K2.0. ###
(n)Composition of Sentencing Commission ####
(1)In general Section 991(a) of title 28, United States Code, is amended by striking “At least three” and inserting “Not more than 3”. ####
(2)Applicability **[**[28 U.S.C. 991 note](/us/usc/t28/s991)**]** The amendment made under paragraph
(1)shall not apply to any person who is serving, or who has been nominated to serve, as a member of the Sentencing Commission on the date of enactment of this Act. # TITLE V OBSCENITY AND PORNOGRAPHY ## Subtitle A Child Obscenity and Pornography Prevention
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