Page:United States Statutes at Large Volume 101 Part 2.djvu/283

 PUBLIC LAW 100-182—DEC. 7, 1987

101 STAT. 1269

SEC. 15. PROCEDURE FOR RELIEF OF LABOR DISABILITIES FOLLOWING CONVICTION.

(a) LMRDA AMENDMENT.—Section 504(a) of the Labor Management Reporting and Disclosure Act of 1959 (29 U.S.C. 504(a)) is amended— (1) by striking out "the United States Parole Commission" and inserting in lieu thereof "if the offense is a Federal offense, the sentencing judge or, if the offense is a State or local offense, the United States district court for the district in which the offense was committed, pursuant to sentencing guidelines and policy statements under section 994(a) of title 28, United States ' Code,"; (2) by striking out "Commission" and "Commission's" and inserting in lieu thereof "court" and "court's", respectively; and (3) by striking out "an administrative hearing" and inserting in lieu thereof "a hearing". (b) ERISA AMENDMENTSection 411(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111(a)) is amended— (1) by striking out "the United States Parole Commission" and inserting in lieu thereof "if the offense is a Federal offense, the sentencing judge or, if the offense is a State or local offense, ^^* the United States district court for the district in which the offense was committed, pursuant to sentencing guidelines and '• policy statements under section 994(a) of title 28, United States Code,"; (2) by striking out "Commission shall" and inserting in lieu thereof "court shall"; (3) by striking out "Commission's" and inserting in lieu thereof "court's"; (4) by striking out "such Parole Commission" and inserting in lieu thereof "such court"; and (5) by striking out "an administrative hearing" and inserting in lieu thereof "a hearing". SEC. 16. PETTY OFFENSE. (a) SENTENCE TO BE IMPOSED IN THE ABSENCE OF AN APPLICABLE SENTENCING GUIDELINE.—Section 3553(b) of title 18, United States

Code, is amended by striking out the last sentence and inserting in lieu thereof the following: "In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the purposes set forth in subsection (a)(2). In the absence of an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of the Sentencing Commission.". (b) CONFORMING AMENDMENT.—Section 994(w) of title 28, United States Code, is amended by inserting after "each sentence imposed" the following: "(other than a sentence imposed for a petty offense, as defined in title 18, for which there is no applicable sentencing guideline)".

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