Sarbanes-oxley act of 2002

905 
SARBANES-OXLEY ACT OF 2002 
TITLE IX—WHITE-COLLAR CRIME 
PENALTY ENHANCEMENTS 
SEC. 901. ø18 U.S.C. 1341 note¿ SHORT TITLE. 
This title may be cited as the ‘‘White-Collar Crime Penalty En-
hancement Act of 2002’’. 
* * * * * * * 
SEC. 905. ø28 U.S.C. 994 note¿ AMENDMENT TO SENTENCING GUIDE-
LINES RELATING TO CERTAIN WHITE-COLLAR OFFENSES. 
(a) D
IRECTIVE TO THE
U
NITED
S
TATES
S
ENTENCING
C
OMMIS
-
SION
.—Pursuant to its authority under section 994(p) of title 18, 
United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and, as appro-
priate, amend the Federal Sentencing Guidelines and related policy 
statements to implement the provisions of this Act. 
(b) R
EQUIREMENTS
.—In carrying out this section, the Sen-
tencing Commission shall— 
(1) ensure that the sentencing guidelines and policy state-
ments reflect the serious nature of the offenses and the pen-
alties set forth in this Act, the growing incidence of serious 
fraud offenses which are identified above, and the need to mod-
ify the sentencing guidelines and policy statements to deter, 
prevent, and punish such offenses; 
(2) consider the extent to which the guidelines and policy 
statements adequately address whether the guideline offense 
levels and enhancements for violations of the sections amended 
by this Act are sufficient to deter and punish such offenses, 
and specifically, are adequate in view of the statutory in-
creases in penalties contained in this Act; 
(3) assure reasonable consistency with other relevant di-
rectives and sentencing guidelines; 
(4) account for any additional aggravating or mitigating 
circumstances that might justify exceptions to the generally 
applicable sentencing ranges; 
(5) make any necessary conforming changes to the sen-
tencing guidelines; and 
(6) assure that the guidelines adequately meet the pur-
poses of sentencing, as set forth in section 3553(a)(2) of title 
18, United States Code. 
(c) E
MERGENCY
A
UTHORITY AND
D
EADLINE FOR
C
OMMISSION
A
CTION
.—The United States Sentencing Commission is requested 
to promulgate the guidelines or amendments provided for under 
this section as soon as practicable, and in any event not later than 
180 days after the date of enactment of this Act, in accordance with 
the procedures set forth in section 219(a) of the Sentencing Reform 
Act of 1987, as though the authority under that Act had not ex-
pired. 
* * * * * * * 
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December 21, 2020 
G:\COMP\SEC\SARBANES-OXLEY ACT OF 2002.XML
As Amended Through P.L. 116-222, Enacted December 18, 2020

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