TITLE XXVIII-SENTENCING PROVISIONS
      
   
   
   
   
   SEC. 280001. IMPOSITION OF SENTENCE.
   
   
   
   Section 3553(a)(4) of title 18, United States Code, is amended
   as follows:
   
   
   
   "(4) the kinds of sentence and the sentencing range
   
   
   
   "(A) the applicable category of offense committed by the applicable
   category of defendant as set forth in the guidelines issued by the
   Sentencing Commission pursuant to section 994(a)(1) of title 28,
   United States Code, and that are in effect on the date the defendant
   is sentenced; or
   
   
   
   "(B) in the case of a violation of probation or supervised release,
   the applicable guidelines or policy statements issued by the
   Sentencing Commission pursuant to section 994(a)(3) of title 28,
   United States Code;".
   
   
   
   SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.
   
   
   
   
   Section 3563(a)(3) of title 18, United States Code, is amended by
   striking "possess illegal controlled substances" and inserting
   "unlawfully possess a controlled substance".
   
   
   
   SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION
   REGARDING SENTENCING ENHANCEMENTS FOR HATE CRIMES.
   
   
   
   (a) Definition .-In this section, "hate crime" means a crime in which
   the defendant intentionally selects a victim, or in the case of a
   property crime, the property that is the object of the crime, because
   of the actual or perceived race, color, religion, national origin,
   ethnicity, gender, disability, or sexual orientation of any person.
   
   
   
   (b) Sentencing Enhancement .-Pursuant to section 994 of title 28,
   United States Code, the United States Sentencing Commission shall
   promulgate guidelines or amend existing guidelines to provide
   sentencing enhancements of not less than 3 offense levels for offenses
   that the finder of fact at trial determines beyond a reasonable doubt
   are hate crimes. In carrying out this section, the United States
   Sentencing Commission shall ensure that there is reasonable
   consistency with other guidelines, avoid duplicative punishments for
   substantially the same offense, and take into account any mitigating
   circumstances that might justify exceptions.
   
   
   
   SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN
   CASES.
   
   
   
   Section 3561(a)(3) of title 18, United States Code, is amended by
   inserting "that is not a petty offense" before the period.
   
   
   
   SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING
   COMMISSION.
   
   
   
   (a) Establishment of Positions .-Section 991 (a) of title 28, United
   States Code, is amended-
   
   
   
   (1) in the second sentence by striking the period and inserting "and
   three of whom shall be designated by the President as Vice Chairs.";
   
   
   
   (2) in the fourth sentence by striking the period and inserting ", and
   of the three Vice Chairs, no more than two shall be members of the
   same political party."; and
   
   
   
   (3) in the sixth sentence by striking "Chairman" and inserting "Chair,
   Vice Chairs,".
   
   
   
   (b) Terms and Compensation .-Section 992(c) of title 28, United States
   Code, is amended-
   
   
   
   (1) by amending the first sentence to read as follows: "The Chair and
   Vice Chairs of the Commission shall hold full-time positions and shall
   be compensated during their terms of office at the annual rate at
   which judges of the United States courts of appeals are compensated.";
   
   
   
   
   (2) in the second sentence by striking "Chairman" and inserting "Chair
   and Vice Chairs"; and [*H8853]
   
   
   
   (3) in the third sentence by striking "Chairman" and inserting "Chair
   and Vice Chairs,".
   
   
   
   (c) Technical Amendments .-Chapter 58 of title 28, United States Code,
   is amended-
   
   
   
   (1) by striking "Chairman" each place it appears and inserting
   "Chair";
   
   
   
   (2) in the fifth sentence of section 991(a) by striking "his" and
   inserting "the Attorney General's";
   
   
   
   (3) in the fourth sentence of section 992(c) by striking "his" and
   inserting "the judge's";
   
   
   
   (4) in section 994(i)(2) by striking "he" and inserting "the
   defendant" and striking "his" and inserting "the defendant's"; and
   
   
   
   (5) in section 996(a) by striking "him" and inserting "the Staff
   Director".
   
   
   
   SEC. 280006. COCAINE PENALTY STUDY.
   
   
   
   Not later than December 31, 1994, the United States Sentencing
   Commission shall submit a report to Congress on issues relating to
   sentences applicable to offenses involving the possession or
   distribution of all forms of cocaine. The report shall address the
   differences in penalty levels that apply to different forms of cocaine
   and include any recommendations that the Commission may have for
   retention or modification of such differences in penalty levels.