Page:United States Statutes at Large Volume 101 Part 2.djvu/285

 PUBLIC LAW 100-182—DEC. 7, 1987

101 STAT. 1271

to reimburse the appropriations obligated and disbursed in payment for such services, training, or guidance.". SEC. 21. EMERGENCY GUIDELINES PROMULGATION AUTHORITY.

28 USC 994 note.

(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. (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 distrilDute guidelines under paragraph (3) of subsection (a) shall expire on May 1, 1988. SEC. 22. APPLICATION OF RULE 35(b) TO CONDUCT OCCURRING BEFORE EFFECTIVE DATE OF SENTENCING GUIDELINES.

,,.

18 USC app.

The amendment to rule 35(b) of the Federal Rules of Criminal Procedure made by the order of the Supreme Court on April 29, 1985, shall apply with respect to all offenses committed before the taking effect of section 215(b) of the Comprehensive Crime Control Act of 1984. SEC. 23. GRADING OF OFFENSES AND DEFENDANT PETITIONS. (a) POSTPONEMENT OF DEADLINE FOR COMMISSION REPORT MAKING RECOMMENDATIONS ON THE GRADING AND PENALTIES FOR OF-

FENSES.—Section 994(r) of title 28, United States Code, is amended by striking out "one year" and inserting in lieu thereof "two years". (b) ELIMINATION OF REQUIREMENT THAT SENTENCING COMMISSION RESPOND TO DEFENDANT PETITIONS FOR GUIDELINES MODIFICA-

TIONS.—Section 994(s) of title 28, United States Code, is amended by striking out the last three sentences. SEC. 24. AUTHORITY TO LOWER A SENTENCE BELOW A STATUTORY MINIMUM FOR OLD OFFENSES.

Notwithstanding section 235 of the Comprehensive Crime Control Act of 1984— (1) section 3553(e) of title 18, United States Code; (2) rule 35(b) of the Federal Rules of Criminal Procedure as amended by section 215(b) of such Act; and (3) rule 35(b) as in effect before the taking effect of the initial set of guidelines promulgated by the United States Sentencing Commission pursuant to chapter 58 of title 28, United States Code, shall apply in the case of an offense committed before the taking effect of such guidelines.

18 USC 3553 note.

�