Page:United States Statutes at Large Volume 123.djvu/2863

 123STA T . 2 84 3 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9than$250 0an dimpr i so n e d not l ess than 6 months nor more than 1 0 y ears .‘ ‘ (b)EXCEPTION . —T his se c tion shall not apply to cond u ct by a person w ho is sub j ect to the U ni f orm C ode of M ilitary J ustice. ‘‘(c) D E F INITION S .— I n this section— ‘‘(1) the term ‘ A rmed F orces ’ has the meanin g gi v en that term in section 1 38 8 ‘‘(2) the term ‘immediate family member’ has the meaning given that term in section 115; and ‘‘(3) the term ‘United S tates serviceman’— ‘‘(A) means a member of the Armed Forces; and ‘‘( B ) includes a former member of the Armed Forces during the 5 - year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.’’. (b) TEC H NIC AL AN D CONFO RM IN G AMENDMENT.—The table of sections for chapter 6 7 of title 18 , United States Code, is amended by adding at the end the following

‘ 1389.Prohib i t io n on a tta cks on U nit edS tates ser v ice m en on acco u nto f service. ’ ’. SEC.4713 . R E PO R T O NMA N D ATOR Y M I NIM U M SENTENCIN G PRO V I - SIONS. (a) R EPORT.— N ot later than 1 year after the date of enactment of this Act, the United States Sentencing Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the H ouse of Representatives a report on manda- tory minimum sentencing provisions under Federal law. (b) CONTENTS OF REPORT.—The report submitted under sub- section (a) shall include— (1) a compilation of all mandatory minimum sentencing provisions under Federal law; (2) an assessment of the effect of mandatory minimum sentencing provisions under Federal law on the goal of elimi- nating unwarranted sentencing disparity and other goals of sentencing; (3) an assessment of the impact of mandatory minimum sentencing provisions on the Federal prison population; ( 4 ) an assessment of the compatibility of mandatory min- imum sentencing provisions under Federal law and the sen- tencing guidelines system established under the Sentencing Reform Act of 1 9 84( P ublic L aw 98 – 473; 98 Stat. 1987) and the sentencing guidelines system in place after Boo k er v. United States, 543 U.S. 220 (2005); (5) a description of the interaction between mandatory minimum sentencing provisions under Federal law and plea agreements; (6) a detailed empirical research study of the effect of mandatory minimum penalties under Federal law; (7) a discussion of mechanisms other than mandatory min- imum sentencing laws by which Congress can take action with respect to sentencing policy; and