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ating to Methamphetamine Offenses. Pub.L. 101-647, Title XXVII, § 2701, Nov. 29, 1990, 104 Stat. 4912, provided that: "The United States Sentencing Commission is instructed to amend the existing guidelines for offenses involving smokable crystal methamphetamine under section 401(b) of the Controlled Substances Act (21 U.S.C. § 841(b)) [section 841(b) of Title 21, Food and Drugs] so that convictions for offenses involving smokable crystal methamphetamine will be assigned an offense level under the guidelines which is two levels above that which would have been assigned to the same offense involving other forms of methamphetamine." Sentencing Guidelines for Crimes Involving Federally Insured Financial Institutions. Pub.L. 101- 73, Title IX, § 961(m), Aug. 9, 1989, 103 Stat. 501, provided that: "Pursuant to section 994 of title 28, United States Code [this section], and section 21 of the Sentencing Act of 1987 [Pub.L. 100-182, § 21, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or amend existing guidelines, to provide for a substantial period of incarceration for a violation of, or a conspiracy to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of title 18, United States Code [sections 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of Title 18, Crimes and Criminal Procedure], that substantially jeopardizes the safety and soundness of a federally insured financial institution." Sentencing Guidelines for Personal Injury From Fraud. Pub.L. 100-700, Chapter 47, § 2(b), Nov. 19, 1988, 102 Stat. 4632, provided that: "Pursuant to its authority under section 994(p) of title 28, United States Code [section 994(p) of Title 28, Judiciary and Judicial Procedure] and section 21 of the Sentencing Act of 1987 [Pub.L. 100-182, § 21, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide for appropriate penalty enhancements, where conscious or reckless risk of serious personal injury resulting from the fraud has occurred. The Commission shall consider the appropriateness of assigning to such a defendant an offense level under Chapter Two of the sentencing November 1, 2005 GUIDELINES MANUAL APPENDIX B ) 627 ) guidelines that is at least two levels greater than the level that would have been assigned had conscious or reckless risk of serious personal injury not resulted from the fraud." Penalties For Importation of Controlled Substances by Aircraft and Other Vessels; Promulgation of Sentencing Guidelines. Pub.L. 100-690, Title VI, § 6453, Nov. 18, 1988, 102 Stat. 4371, provided that: "(a) In General.)Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], and section 21 of the Sentencing Act of 1987 [section 21 of Pub.L. 100-182, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that a defendant convicted of violating section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)) [section 960(a) of Title 21, Food and Drugs] under circumstances in which) "(1) an aircraft other than a regularly scheduled commercial air carrier was used to import the controlled substance; or "(2) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft of vessel carrying a controlled substance, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is) "(A) two levels greater than the level that would have been assigned had the offense not been committed under circumstances set forth in (A) or (B) above; and "(B) in no event less than level 26. "(b) Effect of Amendment.)If the sentencing guidelines are amended after the effective date of this section [probably means date of enactment of this section, Nov. 18, 1988], the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result." Enhanced Penalties For Offenses Involving Children; Promulgation of Sentencing Guidelines. Pub.L. 100-690, Title VI, § 6454, Nov. 18, 1988, 102 Stat. 4372, provided that: "(a) In General.)Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], and section 21 of the Sentencing Act of 1987 [section 21 of Pub.L. 100-182, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that a defendant convicted of violating sections 405, 405A, or 405B of the Controlled Substances Act (21 U.S.C. 845, 845a or 845b) [redesignated as sections 418, 419, and 420, respectively (21 U.S.C. §§ 859, 860, and 861) by section 1002 of Pub.L. 101-647] involving a person under 18 years of age shall be assigned an offense level under chapter 2 of the sentencing guidelines that is) "(1) two levels greater than the level that would have been assigned for the underlying controlled substance offense; and "(2) in no event less than level 26. "(b) Effects of Amendment.)If the sentencing guidelines are amended after the effective date of this section [probably means date of enactment of this section, Nov. 18, 1988], the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result. "(c) Multiple Enhancements.)The guidelines referred to in subsection (a), as promulgated or amended under such subsection, shall provide that an offense that could be subject to multiple enhancements pursuant to such subsection is subject to not more than one such enhancement." Drug Offenses Within Federal Prisons; Promulgation of Sentencing Guidelines. Pub.L. 100-690, Title VI, § 6468(c), (d), Nov. 18, 1988, 102 Stat. 4376, provided that: "(c) Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], and section 21 of the Sentencing Act of 1987 [section 21 of Pub.L. 100-182, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that a defendant convicted of violating section 1791(a)(1) of title 18, United States Code [section 1791(a)(1) of Title 18, Crimes and Criminal Procedure], and punishable under section APPENDIX B GUIDELINES MANUAL November 1, 2005 ) 628 ) 1791(b)(1) of that title [section 1791(b)(1) of Title 18] as so redesignated, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is) "(1) two levels greater than the level that would have been assigned had the offense not been committed in prison; and "(2) in no event less than level 26. "(d) If the sentencing guidelines are amended after the effective date of this section [probably means the date of enactment of this section, Nov. 18, 1988], the Sentencing Commission shall implement the instruction set forth in subsection (c) so as to achieve a comparable result." Common Carrier Operation Under Influence of Alcohol or Drugs; Promulgation of Sentencing Guidelines. Pub.L. 100-690, Title VI, § 6482(c), Nov. 18, 1988, 102 Stat. 4382, provided that: "(1) Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], and section 21 of the Sentencing Act of 1987 [section 21 of Pub.L. 100-182, set out as a note under this section], the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that) "(A) a defendant convicted of violating section 342 of title 18, United States Code [section 342 of Title 18, Crimes and Criminal Procedure], under circumstances in which death results, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is not less than level 26; and "(B) a defendant convicted of violating section 342 of title 18, United States Code [section 342 of Title 18, Crimes and Criminal Procedure], under circumstances in which serious bodily injury results, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is not less than level 21. "(2) If the sentencing guidelines are amended after the effective date of this section [probably means date of enactment of this section, Nov. 18, 1988], the Sentencing Commission shall implement the instruction set forth in paragraph (1) so as to achieve a comparable result." Emergency Guidelines Promulgation Authority. Pub.L. 100-182, § 21, Dec. 7, 1987, 101 Stat. 1271, provided that: "(a) In General.)In the case of) "(1) an invalidated sentencing guideline; "(2) the creation of a new offense or amendment of an existing offense; or "(3) any other reason relating to the application of a previously established sentencing guideline, and determined by the United States Sentencing Commission to be urgent and compelling; the Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of title 28 and title 18, United States Code, shall promulgate and distribute to all courts of the United States and to the United States Probation System a temporary guideline or amendment to an existing guideline, to remain in effect until and during the pendency of the next report to Congress under section 994(p) of title 28, United States Code [subsec. (p) of this section]. "(b) Expiration of authority.)The authority of the Commission under paragraphs (1) and (2) of subsection (a) shall expire on November 1, 1989. The authority of the Commission to promulgate and distribute guidelines under paragraph (3) of subsection (a) shall expire on May 1, 1988." Initial Sentencing Guidelines. For provisions directing that the United States Sentencing Commission submit to Congress within 30 months of Oct. 12, 1984, the initial sentencing guidelines promulgated pursuant to subsec. (a)(1) of this section, see section 235(a)(1)(B)(i) of Pub.L. 98-473, as amended, set out as a note under section 3551 of Title 18, Crimes and Criminal Procedure. November 1, 2005 GUIDELINES MANUAL APPENDIX B ) 629 ) Effective Date of Sentencing Guidelines. For provisions directing that the sentencing guidelines promulgated pursuant to subsec. (a)(1) of this section not go into effect until) (I) the United States Sentencing Commission has submitted the initial set of sentencing guidelines to the Congress, along with a report stating the reasons for the Commission’s recommendations; (II) the General Accounting Office has undertaken a study of the guidelines, and their potential impact in comparison with the operation of the existing sentencing and parole release system, and has, within one hundred and fifty days of submission of the guidelines, reported to the Congress the results of its study; and (III) the day after the Congress has had six months after the date described in subclause (I) in which to examine the guidelines and consider the reports, and (IV) certain other provisions take effect, see section 235(a)(1)(B)(ii) of Pub.L. 98-473, as amended, set out as a note under section 3551 of Title 18, Crimes and Criminal Procedure. General Accounting Office Study of Impact and Operation of Sentencing Guideline System. Pub.L. 98-473, Title II, § 236, Oct. 12, 1984, 98 Stat. 2033, provided that: "(a)(1) Four years after the sentencing guidelines promulgated pursuant to section 994(a)(1) [subsec. (a)(1) of this section], and the provisions of section 3581, 3583, and 3624 of title 18, United States Code, go into effect, the General Accounting Office shall undertake a study of the guidelines in order to determine their impact and compare the guideline system with the operation of the previous sentencing and parole release system, and within six months of the undertaking of such study, report to the Congress the results of its study. "(2) Within one month of the start of the study required under subsection (a), the United States Sentencing Commission shall submit a report to the General Accounting Office, all appropriate courts, the Department of Justice, and the Congress detailing the operation of the sentencing guideline system and discussing any problems with the system or reforms needed. The report shall include an evaluation of the impact of the sentencing guidelines on prosecutorial discretion, plea bargaining, disparities in sentencing, and the use of incarceration, and shall be issued by affirmative vote of a majority of the voting members of the Commission. "(b) The Congress shall review the study submitted pursuant to subsection (a) in order to determine) "(1) whether the sentencing guideline system has been effective; "(2) whether any changes should be made in the sentencing guideline system; and "(3) whether the parole system should be reinstated in some form and the life of the Parole Commission extended." § 995. Powers of the Commission (a) The Commission, by vote of a majority of the members present and voting, shall have the power to) (1) establish general policies and promulgate such rules and regulations for the Commission as are necessary to carry out the purposes of this chapter; (2) appoint and fix the salary and duties of the Staff Director of the Sentencing Commission, who shall serve at the discretion of the Commission and who shall be compensated at a rate not to exceed the highest rate now or hereafter prescribed for Level 6 of the Senior Executive Service Schedule (5 U.S.C. 5382); (3) deny, revise, or ratify any request for regular, supplemental, or deficiency appropriations prior to any submission of such request to the Office of Management and Budget by the Chair; (4) procure for the Commission temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code; (5) utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; APPENDIX B GUIDELINES MANUAL November 1, 2005 ) 630 ) (6) without regard to 31 U.S.C. 3324, enter into and perform such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; (7) accept and employ, in carrying out the provisions of this title, voluntary and uncompensated services, notwithstanding the provisions of 31 U.S.C. 1342, however, individuals providing such services shall not be considered Federal employees except for purposes of chapter 81 of title 5, United States Code, with respect to job-incurred disability and title 28, United States Code, with respect to tort claims; (8) request such information, data, and reports from any Federal agency or judicial officer as the Commission may from time to time require and as may be produced consistent with other law; (9) monitor the performance of probation officers with regard to sentencing recommendations, including application of the Sentencing Commission guidelines and policy statements; (10) issue instructions to probation officers concerning the application of Commission guidelines and policy statements; (11) arrange with the head of any other Federal agency for the performance by such agency of any function of the Commission, with or without reimbursement; (12) establish a research and development program within the Commission for the purpose of) (A) serving as a clearinghouse and information center for the collection, preparation, and dissemination of information on Federal sentencing practices; and (B) assisting and serving in a consulting capacity to Federal courts, departments, and agencies in the development, maintenance, and coordination of sound sentencing practices; (13) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the sentencing process; (14) publish data concerning the sentencing process; (15) collect systematically and disseminate information concerning sentences actually imposed, and the relationship of such sentences to the factors set forth in section 3553(a) of title 18, United States Code; (16) collect systematically and disseminate information regarding effectiveness of sentences imposed; (17) devise and conduct, in various geographical locations, seminars and workshops providing continuing studies for persons engaged in the sentencing field; (18) devise and conduct periodic training programs of instruction in sentencing techniques for judicial and probation personnel and other persons connected with the sentencing process; (19) study the feasibility of developing guidelines for the disposition of juvenile delinquents; (20) make recommendations to Congress concerning modification or enactment of statutes relating to sentencing, penal, and correctional matters that the Comm

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