                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                    SUBCHAPTER A--GENERAL PROVISIONS
 
Sec. 3551. Authorized sentences

    (a) In General.--Except as otherwise specifically provided, a 
defendant who has been found guilty of an offense described in any 
Federal statute, including sections 13 and 1153 of this title, other 
than an Act of Congress applicable exclusively in the District of 
Columbia or the Uniform Code of Military Justice, shall be sentenced in 
accordance with the provisions of this chapter so as to achieve the 
purposes set forth in subparagraphs (A) through (D) of section 
3553(a)(2) to the extent that they are applicable in light of all the 
circumstances of the case.
    (b) Individuals.--An individual found guilty of an offense shall be 
sentenced, in accordance with the provisions of section 3553, to--
        (1) a term of probation as authorized by subchapter B;
        (2) a fine as authorized by subchapter C; or
        (3) a term of imprisonment as authorized by subchapter D.

A sentence to pay a fine may be imposed in addition to any other 
sentence. A sanction authorized by section 3554, 3555, or 3556 may be 
imposed in addition to the sentence required by this subsection.
    (c) Organizations.--An organization found guilty of an offense shall 
be sentenced, in accordance with the provisions of section 3553, to--
        (1) a term of probation as authorized by subchapter B; or
        (2) a fine as authorized by subchapter C.

A sentence to pay a fine may be imposed in addition to a sentence to 
probation. A sanction authorized by section 3554, 3555, or 3556 may be 
imposed in addition to the sentence required by this subsection.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1988; amended Pub. L. 101-647, title XVI, Sec. 1602, Nov. 29, 1990, 104 
Stat. 4843.)

                       References in Text

    Acts of Congress applicable exclusively in the District of Columbia, 
referred to in subsec. (a), are classified generally to the District of 
Columbia Code.
    The Uniform Code of Military Justice, referred to in subsec. (a), is 
classified generally to chapter 47 (Sec. 801 et seq.) of Title 10, Armed 
Forces.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-647 inserted ``including sections 13 
and 1153 of this title,'' after ``any Federal statute,''.


                    Effective Date; Savings Provision

    Section 235 of chapter II (Secs. 211-239) of title II of Pub. L. 98-
473, as amended by Pub. L. 99-217, Secs. 2, 4, Dec. 26, 1985, 99 Stat. 
1728; Pub. L. 99-646, Sec. 35, Nov. 10, 1986, 100 Stat. 3599; Pub. L. 
100-182, Sec. 2, Dec. 7, 1987, 101 Stat. 1266; Pub. L. 104-232, Sec. 4, 
Oct. 2, 1996, 110 Stat. 3056, provided that:
    ``(a)(1) This chapter [see Tables for classification] shall take 
effect on the first day of the first calendar month beginning 36 months 
after the date of enactment [Oct. 12, 1984] and shall apply only to 
offenses committed after the taking effect of this chapter, except 
that--
        ``(A) the repeal of chapter 402 of title 18, United States Code, 
    shall take effect on the date of enactment [Oct. 12, 1984];
        ``(B)(i) chapter 58 of title 28, United States Code, shall take 
    effect on the date of enactment of this Act [Oct. 12, 1984] or 
    October 1, 1983, whichever occurs later, and the United States 
    Sentencing Commission shall submit the initial sentencing guidelines 
    promulgated under section 994(a)(1) of title 28 to the Congress 
    within 30 months of the effective date of such chapter 58; and
        ``(ii) the sentencing guidelines promulgated pursuant to section 
    994(a)(1) shall not go into effect until--
            ``(I) the United States Sentencing Commission has submitted 
        the initial set of sentencing guidelines to the Congress 
        pursuant to subparagraph (B)(i), along with a report stating the 
        reasons for the Commission's recommendations;
            ``(II) the General Accounting Office has undertaken a study 
        of the guidelines, and their potential impact in comparison with 
        the operation of the existing sentencing and parole release 
        system, and has, within one hundred and fifty days of submission 
        of the guidelines, reported to the Congress the results of its 
        study; and
            ``(III) the day after the Congress has had six months after 
        the date described in subclause (I) in which to examine the 
        guidelines and consider the reports; and
            ``(IV) section 212(a)(2) [enacting chapters 227 and 229 of 
        this title and repealing former chapters 227, 229, and 231 of 
        this title] takes effect, in the case of the initial sentencing 
        guidelines so promulgated.
    ``(2) For the purposes of section 992(a) of title 28, the terms of 
the first members of the United States Sentencing Commission shall not 
begin to run until the sentencing guidelines go into effect pursuant to 
paragraph (1)(B)(ii).
    ``(b)(1) The following provisions of law in effect on the day before 
the effective date of this Act shall remain in effect for five years 
after the effective date as to an individual who committed an offense or 
an act of juvenile delinquency before the effective date and as to a 
term of imprisonment during the period described in subsection 
(a)(1)(B):
        ``(A) Chapter 311 of title 18, United States Code.
        ``(B) Chapter 309 of title 18, United States Code.
        ``(C) Sections 4251 through 4255 of title 18, United States 
    Code.
        ``(D) Sections 5041 and 5042 of title 18, United States Code.
        ``(E) Sections 5017 through 5020 of title 18, United States 
    Code, as to a sentence imposed before the date of enactment [Oct. 
    12, 1984].
        ``(F) The maximum term of imprisonment in effect on the 
    effective date for an offense committed before the effective date.
        ``(G) Any other law relating to a violation of a condition of 
    release or to arrest authority with regard to a person who violates 
    a condition of release.
    ``[(2) Repealed. Pub. L. 104-232, Sec. 4, Oct. 2, 1996, 110 Stat. 
3056.]
    ``(3) The United States Parole Commission shall set a release date, 
for an individual who will be in its jurisdiction the day before the 
expiration of five years after the effective date of this Act, pursuant 
to section 4206 of title 18, United States Code. A release date set 
pursuant to this paragraph shall be set early enough to permit 
consideration of an appeal of the release date, in accordance with 
Parole Commission procedures, before the expiration of five years 
following the effective date of this Act.
    ``(4) Notwithstanding the other provisions of this subsection, all 
laws in effect on the day before the effective date of this Act 
pertaining to an individual who is--
        ``(A) released pursuant to a provision listed in paragraph (1); 
    and
        ``(B)(i) subject to supervision on the day before the expiration 
    of the five-year period following the effective date of this Act; or
        ``(ii) released on a date set pursuant to paragraph (3);
including laws pertaining to terms and conditions of release, revocation 
of release, provision of counsel, and payment of transportation costs, 
shall remain in effect as to the individual until the expiration of his 
sentence, except that the district court shall determine, in accord with 
the Federal Rules of Criminal Procedure, whether release should be 
revoked or the conditions of release amended for violation of a 
condition of release.
    ``(5) Notwithstanding the provisions of section 991 of title 28, 
United States Code, and sections 4351 and 5002 of title 18, United 
States Code, the Chairman of the United States Parole Commission or his 
designee shall be a member of the National Institute of Corrections, and 
the Chairman of the United States Parole Commission shall be a member of 
the Advisory Corrections Council and a nonvoting member of the United 
States Sentencing Commission, ex officio, until the expiration of the 
five-year period following the effective date of this Act. 
Notwithstanding the provisions of section 4351 of title 18, during the 
five-year period the National Institute of Corrections shall have 
seventeen members, including seven ex officio members. Notwithstanding 
the provisions of section 991 of title 28, during the five-year period 
the United States Sentencing Commission shall consist of nine members, 
including two ex officio, nonvoting members.''
    [Pub. L. 104-232, Sec. 3(b)(2), Oct. 2, 1996, 110 Stat. 3056, 
provided that: ``Effective on the date the plan [alternative plan by 
Attorney General for transfer of United States Parole Commission's 
functions to another entity within Department of Justice pursuant to 
section 3 of Pub. L. 104-232, set out as a note under section 4201 of 
this title] takes effect, paragraphs (3) and (4) of section 235(b) of 
the Sentencing Reform Act of 1984 [Pub. L. 98-473, set out above] (98 
Stat. 2032) are repealed.'']
    [For purposes of section 235(b) of Pub. L. 98-473, set out above, as 
it relates to chapter 311 of this title and the Parole Commission, 
references to ``ten years'' or ``ten-year period'' are deemed to be 
references to ``fifteen years'' or ``fifteen-year period'', 
respectively, see section 2(a) of Pub. L. 104-232, set out as a note 
under section 4201 of this title.]
    [Pub. L. 101-650, title III, Sec. 316, Dec. 1, 1990, 104 Stat. 5115, 
provided that: ``For the purposes of section 235(b) of Public Law 98-473 
[set out above] as it relates to chapter 311 of title 18, United States 
Code, and the United States Parole Commission, each reference in such 
section to `five years' or a `five-year period' shall be deemed a 
reference to `ten years' or a `ten-year period', respectively.'']


                      Short Title of 1996 Amendment

    Pub. L. 104-132, title II, Sec. 201, Apr. 24, 1996, 110 Stat. 1227, 
provided that: ``This subtitle [subtitle A (Secs. 201-211) of title II 
of Pub. L. 104-132, enacting sections 3613A and 3663A of this title, 
amending sections 2248, 2259, 2264, 2327, 3013, 3556, 3563, 3572, 3611 
to 3613, 3614, 3663, and 3664 of this title and Rule 32 of the Federal 
Rules of Criminal Procedure set out in the Appendix to this title, and 
enacting provisions set out as notes under this section, section 2248 of 
this title, and section 994 of Title 28, Judiciary and Judicial 
Procedure] may be cited as the `Mandatory Victims Restitution Act of 
1996'.''


                      Short Title of 1987 Amendment

    Pub. L. 100-182, Sec. 1, Dec. 7, 1987, 101 Stat. 1266, provided 
that: ``This Act [amending sections 3006A, 3553, 3561, 3563, 3564, 3583, 
3663, 3672, 3742, and 4106 of this title, section 994 of Title 28, 
Judiciary and Judicial Procedure, and sections 504 and 1111 of Title 29, 
Labor, enacting provisions set out as notes under sections 3006A and 
3553 of this title, rule 35 of the Federal Rules of Criminal Procedure, 
set out in the Appendix to this title, and section 994 of Title 28, and 
amending provisions set out as a note under this section] may be cited 
as the `Sentencing Act of 1987'.''


                      Short Title of 1985 Amendment

    Pub. L. 99-217, Sec. 1, Dec. 26, 1985, 99 Stat. 1728, provided that: 
``This Act [amending section 994 of Title 28, Judiciary and Judicial 
Procedure, and provisions set out as a note under this section] may be 
cited as the `Sentencing Reform Amendments Act of 1985'.''


                               Short Title

    Section 211 of chapter II (Secs. 211-239) of title II of Pub. L. 98-
473 provided that: ``This chapter [see Tables for classification] may be 
cited as the `Sentencing Reform Act of 1984'.''


 Mandatory Victim Restitution; Promulgation of Regulations by Attorney 
                                 General

    Pub. L. 104-132, title II, Sec. 209, Apr. 24, 1996, 110 Stat. 1240, 
provided that: ``Not later than 90 days after the date of enactment of 
this subtitle [Apr. 24, 1996], the Attorney General shall promulgate 
guidelines, or amend existing guidelines, to carry out this subtitle 
[subtitle A (Secs. 201-211) of title II of Pub. L. 104-132, see Short 
Title of 1996 Amendment note set out above] and the amendments made by 
this subtitle and to ensure that--
        ``(1) in all plea agreements negotiated by the United States, 
    consideration is given to requesting that the defendant provide full 
    restitution to all victims of all charges contained in the 
    indictment or information, without regard to the counts to which the 
    defendant actually pleaded; and
        ``(2) orders of restitution made pursuant to the amendments made 
    by this subtitle are enforced to the fullest extent of the law.''


  Sentencing of Nonviolent and Nonserious Offenders; Sense of Congress

    Section 239 of Pub. L. 98-473 provided that:
    ``Since, due to an impending crisis in prison overcrowding, 
available Federal prison space must be treated as a scarce resource in 
the sentencing of criminal defendants;
    ``Since, sentencing decisions should be designed to ensure that 
prison resources are, first and foremost, reserved for those violent and 
serious criminal offenders who pose the most dangerous threat to 
society;
    ``Since, in cases of nonviolent and nonserious offenders, the 
interests of society as a whole as well as individual victims of crime 
can continue to be served through the imposition of alternative 
sentences, such as restitution and community service;
    ``Since, in the two years preceding the enactment of sentencing 
guidelines, Federal sentencing practice should ensure that scarce prison 
resources are available to house violent and serious criminal offenders 
by the increased use of restitution, community service, and other 
alternative sentences in cases of nonviolent and nonserious offenders: 
Now, therefore, be it
    ``Declared, That it is the sense of the Senate that in the two years 
preceding the enactment of the sentencing guidelines, Federal judges, in 
determining the particular sentence to be imposed, consider--
        ``(1) the nature and circumstances of the offense and the 
    history and characteristics of the defendant;
        ``(2) the general appropriateness of imposing a sentence other 
    than imprisonment in cases in which the defendant has not been 
    convicted of a crime of violence or otherwise serious offense; and
        ``(3) the general appropriateness of imposing a sentence of 
    imprisonment in cases in which the defendant has been convicted of a 
    crime of violence or otherwise serious offense.''

                    Act Referred to in Other Sections

    The Sentencing Reform Act of 1984 is referred to in title 16 section 
460ddd.

                  Section Referred to in Other Sections

    This section is referred to in sections 3554, 3555, 3557, 3558 of 
this title.
