Amendment: Section 5E1.1(a)(2) is amended by deleting "49 U.S.C. § 1472(h), (i), (j), or (n)" and inserting in lieu thereof "49 U.S.C. § 46312, § 46502, or § 46504".

The Commentary to §5E1.1 captioned "Background" is amended in the first paragraph by deleting "and of designated subdivisions of 49 U.S.C. § 1472" and inserting in lieu thereof "or 49 U.S.C. § 46312, § 46502, or § 46504".

The Commentary to §5E1.1 captioned "Background" is amended in the second paragraph by deleting "§ 1472(h), (i), (j), or (n)" wherever it appears and inserting in lieu there of in each instance "§ 46312, § 46502, or § 46504".

The Commentary to §5E1.1 captioned "Background" is amended in the fourth paragraph by deleting "Rule 32(c)(2)(D)" and inserting in lieu thereof "Rule 32(b)(4)(D)".

The Commentary to §5E1.1 is amended by inserting the following immediately before "Background":

"Application Note:

1. In the case of a conviction under certain statutes, additional requirements regarding restitution apply. See 18 U.S.C. §§ 2248 and 2259 (applying to convictions under 18 U.S.C. §§ 2241-2258 for sexual-abuse offenses and sexual exploitation of minors); 18 U.S.C. § 2327 (applying to convictions under 18 U.S.C. §§ 1028-1029, 1341-1344 for telemarketing-fraud offenses); 18 U.S.C. § 2264 (applying to convictions under 18 U.S.C. §§ 2261-2262 for domestic-violence offenses). To the extent that any of the above-noted statutory provisions conflict with the provisions of this guideline, the applicable statutory provision shall control.".

Reason for Amendment: Section 40113 of the Violent Crime Control and Law Enforcement Act of 1994 requires "mandatory" restitution for offenses involving sexual abuse and sexual exploitation of children under 18 U.S.C. §§ 2241-2258. Sections 40221 and 250002 add similar "mandatory" restitution provisions for offenses involving domestic violence (18 U.S.C. § 2264) and telemarketing fraud (18 U.S.C. § 2327). These provisions also require that compliance with a restitution order be a condition of probation or supervised release, have broader definitions of loss than 18 U.S.C. § 3663, and apply "notwithstanding section 3663, and in addition to any civil or criminal penalty authorized by law." This amendment adds commentary to §5E1.1 (Restitution) to alert courts to these statutory provisions.

In addition, this amendment conforms §5E1.1 to the redesignation of 49 U.S.C. § 1472(h), (i), (j), and (n) as 49 U.S.C. §§ 46312, 46502(a), (b), and 46504, and the redesignation of Rule 32(c)(2)(D) as Rule 32(b)(4)(D).

Effective Date: The effective date of this amendment is November 1, 1995.