[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 957 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 957

To amend title 18, United States Code, and other provisions of law, to 
      make them consistent with the Sentencing Reform Act of 1984.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 1993

  Mr. Edwards of California introduced the following bill; which was 
               referred to the Committee on the Judiciary

                             July 20, 1993

 Additional sponsors: Mr. Clay, Mrs. Unsoeld, Mr. Towns, Mr. Dellums, 
 Mr. DeFazio, Mr. Hastings, Mr. Serrano, Mr. McDermott, Mr. Sabo, Mrs. 
  Mink, Mr. Conyers, Mr. Murphy, Mr. Watt, Mr. Flake, Mr. Rangel, Mr. 
 Kopetski, Mr. Lewis of Georgia, Mr. Hinchey, Mr. Synar, Mr. Hamburg, 
 Mr. Hilliard, Mrs. Schroeder, Mr. Jefferson, Mr. Swift, and Mr. Jacobs

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, and other provisions of law, to 
      make them consistent with the Sentencing Reform Act of 1984.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, (a) that this Act may 
be cited as the ``Sentencing Uniformity Act of 1993''.
            (1) Section 102 of the Revised Statutes of the United 
        States (2 U.S.C. 192) is amended by striking ``deemed guilty'' 
        and all that follows through the end of such section and 
        inserting ``fined under title 18, United States Code, or 
        imprisoned not more than one year, or both.''.
            (2) Section 11 of the Federal Contested Elections Act (2 
        U.S.C. 390) is amended by striking ``deemed guilty'' and all 
        that follows through the end of such section and inserting 
        ``fined under title 18, United States Code, or imprisoned not 
        more than one year, or both.''.
    (b) Laws Codified in Title 7 of the United States Code.--
            (1) Section 6b of the Commodity Exchange Act (7 U.S.C. 13a) 
        is amended by striking ``shall be fined not more than $100,000, 
        or imprisoned for not less than six months nor'' and inserting 
        ``shall be fined under title 18, United States Code, or 
        imprisoned not''.
            (2) Section 6(c) of the Commodity Exchange Act (7 U.S.C. 
        13b) is amended by striking ``shall be fined'' and all that 
        follows through ``not less than six months nor'' and inserting 
        `` shall be fined under title 18, United States Code, or 
        imprisoned not''.
            (3) Section 205(3) of the Packers and Stockyards Act, 1921 
        (7 U.S.C. 195) is amended by striking ``on conviction'' and all 
        that follows through ``five years'' and inserting ``be fined 
        under title 18, United States Code, or imprisoned not more than 
        5 years''.
            (3) Section 15(b)(1) of the Food Stamp Act of 1977 (7 
        U.S.C. 2024(b)(1)) is amended by striking ``less than six 
        months nor''.
            (4) Section 15(c) of the Food Stamp Act of 1977 (7 U.S.C. 
        2024(c)) is amended by striking ``less than one year nor''.
    (c) Laws Codified in Title 12 of the United States Code.--Section 
25A of the Federal Reserve Act (12 U.S.C. 617 and 630) is amended--
            (1) by striking ``liable to a fine'' and all that follows 
        through ``five years, or both, in the discretion of the court'' 
        and inserting ``fined under title 18, United States Code, or 
        imprisoned not more than 5 years, or both''; and
            (2) by striking ``upon conviction thereof'' and all that 
        follows through ``$5,000, in the discretion of the court'' and 
        inserting ``be fined under title 18, United States Code, or 
        imprisoned not more than 10 years, or both''.
    (d) Laws Codified in Title 15 of the United States Code.--
            (1) Section 73 of the Wilson Tariff Act (15 U.S.C. 8) is 
        amended by striking ``is guilty of a misdemeanor'' and all that 
        follows through ``twelve months'' and inserting ``shall be 
        fined under title 18, United States Code, or imprisoned not 
        more than one year, or both''.
            (2) Section 7(b) of the Act of August 12, 1958 (15 U.S.C. 
        1245(b)) is amended by striking ``not less than five years 
        and''.
    (e) Laws Codified in Title 16 of the United States Code.--Section 2 
of the Act of March 3, 1897 (16 U.S.C. 414) is amended by striking 
``guilty of a misdemeanor'' and all that follows through the end of 
such section and inserting ``fined under title 18, United States Code, 
or imprisoned not more than 30 days, or both.''.
    (f) Amendments to Title 18 of the United States Code.--
            (1) Section 3561(a) of title 18, United States Code, is 
        amended to read as follows:
    ``(a) In General.--A defendant who has been found guilty of an 
offense may be sentenced to a term of probation unless the defendant is 
sentenced at the same time to a term of imprisonment for the same or 
different offense.''.
            (2) Section 225(a) of title 18, United States Code, is 
        amended by striking ``for a term'' and all that follows through 
        ``life'' and inserting ``for any term or years or for life, or 
        both''.
            (3) Section 844(h) of title 18, United States Code, is 
        amended--
                    (A) by inserting ``not more than'' before ``five 
                years'';
                    (B) by inserting ``not more than'' before ``ten 
                years''; and
                    (C) by striking ``the court shall not place'' and 
                all that follows through ``imposed under this 
                subsection'' and inserting ``a term imposed under this 
                subsection shall not''.
            (4) Section 924(c)(1) of title 18, United States Code, is 
        amended--
                    (A) by inserting ``not more than'' before ``five 
                years'';
                    (B) by inserting ``not more than'' before ``ten 
                years'';
                    (C) by inserting ``not more than'' before ``thirty 
                years'';
                    (D) by inserting ``not more than'' before ``twenty 
                years'';
                    (E) by striking ``without release'' and inserting 
                ``or to imprisonment for any term of years'';
                    (F) by striking ``the court shall not place'' and 
                all that follows through ``imposed under this 
                subsection'' and inserting ``a term imposed under this 
                subsection shall not''; and
                    (G) by striking the last sentence.
            (5) Section 924(e)(1) of title 18, United States Code, is 
        amended by striking ``not less than fifteen years'' and all 
        that follows through the end of paragraph (1) and inserting 
        ``any term of years.''
            (6) Section 929 of title 18, United States Code, is 
        amended--
                    (A) in subsection (a)(1), by striking ``not less 
                than five years'' and inserting ``any term of years'';
                    (B) in subsection (b), by striking ``the court 
                shall not'' and all that follows through ``the terms of 
                imprisonment'' and inserting ``a term of imprisonment 
                under this section shall not''; and
                    (C) by striking the last sentence of subsection 
                (b).
            (7) Section 1091(b)(1) of title 18, United States Code, is 
        amended by inserting ``any term of years or for'' before 
        ``life''.
            (8) Section 1111(b) of title 18, United States Code, is 
        amended by inserting ``any term of years or for'' before 
        ``life'' the first place it appears.
            (9) Section 1116(a) of title 18, United States Code, is 
        amended by inserting ``any term of years or for'' before 
        ``life''.
            (10) Section 1651 of title 18, United States Code, is 
        amended by inserting ``any term of years or for'' before 
        ``life''.
            (11) Section 1652 of title 18, United States Code, is 
        amended by inserting ``any term of years or for'' before 
        ``life''.
            (12) Section 1653 of title 18, United States Code, is 
        amended by inserting ``any term of years or for'' before 
        ``life''.
            (13) Section 1655 of title 18, United States Code, is 
        amended by inserting ``any term of years or for'' before 
        ``life''.
            (14) Section 1658 of title 18, United States Code, is 
        amended by striking ``not less than ten years and may be 
        imprisoned'' and inserting ``for any term or years or''.
            (15) Section 1661 of title 18, United States Code, is 
        amended by striking ``, for each offense'' and all that follows 
        through ``days nor'' and inserting ``be fined under this title, 
        or imprisoned not''.
            (16) Section 2113(e) of title 18, United States Code, is 
        amended by striking ``not less than ten years'' and inserting 
        ``for any term or years or for life''.
            (17) Section 2251(d) of title 18, United States Code, is 
        amended by striking ``less than five years nor''.
            (18) Section 2251A of title 18, United States Code, is 
        amended by striking ``not less than 20 years'' each place it 
        appears and inserting ``any term of years''.
            (19) Section 2252(b)(1) of title 18, United States Code, is 
        amended by striking ``less than five years nor''.
            (20) Section 2257(i) of title 18, United States Code, is 
        amended by striking ``imprisoned for any period'' and all that 
        follows through the end of subsection (i) and inserting ``fined 
        under this title or imprisoned for not more than 5 years, or 
        both.''.
            (21) Section 2381 of title 18, United States Code, is 
        amended--
                    (A) by striking ``not less than $10,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``not less than five years'' and 
                inserting ``for life or for any term of years''.
    (g) Amendment to Law Codified in Title 19 of the United States 
Code.--Section 3113 of the Revised Statutes of the United States (19 
U.S.C. 283) is amended by striking ``not less than three months, and''.
    (h) Amendments to Laws Codified in Title 21 of the United States 
Code.--
            (1) Section 11 of the Act of March 3, 1915 (21 U.S.C. 212) 
        is amended by striking ``deemed guilty of a misdemeanor'' and 
        all that follows through ``discretion of the court'' and 
        inserting ``fined under title 18, United States Code, or 
        imprisoned not more than 60 days, or both''.
            (2) Section 22 of the Federal Meat Inspection Act (21 
        U.S.C. 622) is amended--
                    (A) by striking ``deemed guilty of a felony'' the 
                first place it appears and all that follows through 
                ``three years'' and inserting ``fined under title 18, 
                United States Code, or imprisoned not more than 3 
                years, or both''; and
                    (B) by striking ``deemed guilty of a felony'' the 
                second place it appears and all that follows through 
                the end of the section, and inserting ``summarily 
                discharged from office and shall be fined under title 
                18, United States Code, or imprisoned not more than 3 
                years, or both.''.
            (3) Section 401(b)(1) of the Controlled Substances Act (21 
        U.S.C. 841(b)(1) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``which may not be less 
                        than 10 years or'' and all that follows through 
                        ``20 years or more than'' and inserting ``of 
                        any term of years or for'';
                            (ii) by striking ``which may not be less 
                        than 20 years and not more than life 
                        imprisonment'' and inserting ``of any term of 
                        years or for life'';
                            (iii) by striking ``and if death'' the 
                        second place it appears and all that follows 
                        through ``life imprisonment,'' and inserting a 
                        comma;
                            (iv) by striking ``without release'' and 
                        inserting ``or for any term of years''; and
                            (v) by striking the last two sentences;
                    (B) in subparagraph (B)--
                            (i) by striking ``less than 5 years and 
                        not'';
                            (ii) by striking ``not less than 20 years 
                        or more than life'' and inserting ``for life or 
                        any term of years'';
                            (iii) by striking ``less than 10 years and 
                        not'';
                            (iv) by striking ``life imprisonment, a 
                        fine'' and inserting ``imprisonment for life or 
                        any term of years, a fine''; and
                            (v) by striking the last two sentences; and
                    (C) in subparagraph (C), by striking ``less than 
                twenty years or''.
            (4) Section 404 of the Controlled Substances Act (21 U.S.C. 
        844) is amended--
                    (A) by striking ``not less than 15 days but'';
                    (B) by striking ``a minimum of $2,500'' and 
                inserting ``under this title'';
                    (C) by striking ``not less than 90 days but'';
                    (D) by striking ``a minimum of $5,000'' and 
                inserting ``under this title'';
                    (E) by striking ``not less than 5 years and'';
                    (F) by striking ``a minimum of $1,000'' each place 
                it appears and inserting ``under this title''; and
                    (G) by striking the sentence beginning ``The 
                imposition'';
            (5) Section 408 of the Controlled Substances Act (21 U.S.C. 
        848) is amended--
                    (A) in subsection (a), by striking ``which may not 
                be less'' and all that follows through ``up to'' each 
                place they appear and inserting ``for any term of years 
                or to'';
                    (B) in subsection (b), by inserting ``any term of 
                years or for'' before ``life'' and
                    (B) by striking subsection (d).
            (6) Section 408(e) of the Controlled Substances Act (21 
        U.S.C. 848(e)) is amended--
                    (A) by striking out ``any term of imprisonment'' 
                each place it appears and inserting ``a term of 
                imprisonment''; and
                    (B) by striking ``which shall not be less'' and all 
                that follows through ``up to life imprisonment'' each 
                place they appear and inserting ``for life or any term 
                of years''.
            (7) Section 418 of the Controlled Substances Act (21 U.S.C. 
        859) is amended--
                    (A) by striking each sentence beginning with 
                ``Except to the extent''; and
                    (B) by striking the sentence at the end of 
                subsection (a) that begins with ``The mandatory 
                minimum''.
            (8) Section 419 of the Controlled Substances Act (21 U.S.C. 
        860) is amended--
                    (A) in each of subsections (a) and (b), by striking 
                the sentence beginning with ``Except to the extent''; 
                and
                    (B) by striking the sentence at the end of 
                subsection (a) that begins with ``The mandatory 
                minimum'';
                    (C) in subsection (b), by striking ``of not less 
                than three years and not more than life imprisonment'' 
                and inserting ``for life or any term or years''; and
                    (D) by striking subsection (c).
            (9) Section 420 of the Controlled Substances Act (21 U.S.C. 
        861) is amended--
                    (A) in subsection (b), by striking the last 
                sentence;
                    (B) in subsection (c), by striking the penultimate 
                sentence; and
                    (C) by striking subsection (e).
            (10) Section 1010(b) of the Controlled Substances Act (21 
        U.S.C. 960(b) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``of not less than 10 years 
                        and'' and all that follows through ``20 years 
                        and not more than life,'' the first place it 
                        appears and inserting ``for life or any term of 
                        years,'';
                            (ii) by striking ``of not less than 20 
                        years and not more than life imprisonment'' and 
                        inserting ``for life or any term of years'';
                            (iii) by striking ``and if death'' and all 
                        that follows through ``life imprisonment,'' and 
                        inserting a comma; and
                            (iv) by striking the last two sentences;
                    (B) in paragraph (2)--
                            (i) by striking ``not less than 5 years 
                        and'';
                            (ii) by striking ``not less than twenty 
                        years and'';
                            (iii) by striking ``not less than 10 years 
                        and''; and
                            (iv) by striking the last sentence; and
                    (C) in paragraph (3), by striking ``not less than 
                twenty years and''.
    (i) Amendment to Law Codified in Title 22 of the United States 
Code.--Section 1750 of the Revised Statutes of the United States (22 
U.S.C. 4221) is amended by striking ``nor less than one year''.
    (j) Amendments to Laws Codified in Title 33 of the United States 
Code.--
            (1) Section 2 of the Act of May 9, 1900 (33 U.S.C. 410) is 
        amended by striking ``any violation thereof'' and all that 
        follows through ``committed against the United States'' and 
        inserting ``whoever violates any such rule or regulation shall 
        be fined under title 18, United States Code, or imprisoned not 
        more than one year, or both''.
            (2) Section 16 of the Act of March 3, 1899 (33 U.S.C. 411) 
        is amended by striking ``shall be guilty'' and all that follows 
        through ``discretion of the court'' and inserting ``shall be 
        fined under title 18, United States Code, or imprisoned not 
        more than one year, or both''.
            (3) Section 1 of the Act of June 29, 1888 (33 U.S.C. 441) 
        is amended--
                    (A) by striking ``and every such act is made a 
                misdemeanor,''; and
                    (B) by striking ``, upon conviction'' and all that 
                follows through ``obtained shall decide'' and inserting 
                ``be fined under title 18, United States Code, or 
                imprisoned not more than one year, or both''.
            (4) Section 3 of the Act of June 29, 1888 (33 U.S.C. 447) 
        is amended by striking ``, on conviction'' and all that follows 
        through ``one year'' and inserting ``be fined under title 18, 
        United States Code, or imprisoned not more than one year, or 
        both''.
    (k) Amendment to Law Codified in Title 45 of the United States 
Code.--Section 15 of the Act of July 2, 1864 (45 U.S.C. 83) is amended 
by striking ``deemed guilty'' and all that follows through ``six 
months'' and inserting ``fined under title 18, United States Code, or 
imprisoned not more than 6 months, or both''.
    (l) Amendment to Law in Title 46 of the United States Code and its 
Appendix.--Section 806(b) of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1228) is amended by striking ``less than one year or''.
    (m) Amendments to Laws Codified in Title 47 of the United States 
Code.--
            (1) Section 5 of the Act of August 7, 1888 (47 U.S.C. 13) 
        is amended by striking ``guilty of a misdemeanor'' and all that 
        follows through ``less than six months'' and inserting ``fined 
        under title 18, United States Code, or imprisoned not more than 
        6 months, or both''.
            (2) Section 220(e) of the Communications Act of 1934 (47 
        U.S.C. 220(e)) is amended by striking ``deemed guilty'' and all 
        that follows through ``That the'' and inserting ``fined under 
        title 18, United States Code, or imprisoned not more than 3 
        years, or both. However, the''.
    (n) Amendments to Laws in Title 49 of the United States Code and 
its Appendix.--
            (1) Section 11911 of title 49, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) by striking ``at least $1,000 but''; 
                        and
                            (ii) by striking ``at least one year but''; 
                        and
                    (B) in subsection (b)--
                            (i) by striking ``at least $1,000 but''; 
                        and
                            (ii) by striking ``at least one year but''.
            (2) Section 902(i)(1) of the Federal Aviation Act of 1958 
        (49 U.S.C. App. 1472(i)(1)) is amended--
                    (A) by striking ``not less than 20 years'' and 
                inserting ``any term of years''; and
                    (B) by inserting ``or for any term of years'' after 
                ``imprisonment for life''.

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HR 957 SC----2