Nuclear, Biological, and Chemical Weapons Policy Team: Report to the Sentencing Commission   [open pdf - 78KB]

The Nuclear, Biological, and Chemical Weapons Policy Development Team is tasked to assist Commissioners in evaluating possible options for addressing sentencing issues related to criminal offenses involving nuclear, biological, and chemical weapons, materials, and technologies. This report details the background, legislative history, congressional and law enforcement concerns, analysis, findings, and policy options identified by the team. More specifically, this Final Report: (1) analyzes the legislative history of the pertinent acts, (2) reviews the history of the 2M guidelines, (3) conducts an empirical analysis of cases sentenced under the 2M guidelines, (4) conducts a comprehensive literature review to assist in defining the issues, (5) researches federal regulations and pertinent international agreements, and (6) conducts a proportionality review of the national defense offense guidelines (§§2M1.1 - 2M6.2). The team also discusses their meeting with representatives from the Department of Justice (DOJ) Domestic Terrorism Division, and the Federal Bureau of Investigation's Domestic Terrorism/Counter Terrorism Planning Section, and Weapons of Mass Destruction Operations Unit to learn more about the nature of the offense conduct and the policy concerns they wanted to bring to the attention of the Sentencing Commission.

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