[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Notices]
[Pages 39493-39496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19113]


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UNITED STATES SENTENCING COMMISSION


Rules of Practice and Procedure

AGENCY: United States Sentencing Commission.

ACTION: Notice of proposed rules of practice and procedure. Request for 
public comment.

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SUMMARY: Pursuant to its authority under 995(a)(1) of title 28, United 
States Code, the Sentencing Commission is considering the promulgation 
of internal rules of practice and procedure. The proposed rules are set 
forth below. The Commission invites comment on these proposed rules.

DATES: Written comment should be submitted to Michael Courlander, 
Public Information Specialist, no later than November 1, 1996.

ADDRESSES: Comments should be sent to: United States Sentencing 
Commission, One Columbus Circle, N.E., Suite 2-500, South Lobby, 
Washington, D.C. 20002-8002, Attention: Public Information.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Information 
Specialist, Telephone: (202) 273-4590.

SUPPLEMENTARY INFORMATION: Section 995(a)(1) of title 28 authorizes the 
U.S. Sentencing Commission, an independent agency in the judicial 
branch of the United States Government, to establish general policies 
and promulgate rules and regulations for the Commission as necessary to 
carry out the purposes of the Sentencing Reform Act of 1984.
    These rules of practice and procedure are designed to facilitate 
public understanding and participation in the work of the Sentencing 
Commission. For the most part these rules do not

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represent substantive change in the way the Commission has 
traditionally conducted its business. These rules are not intended to 
enlarge the rights of any person sentenced under the guidelines 
promulgated by the Commission or otherwise create any private right of 
action.

    Authority: 28 U.S.C. 995(a)(1).
Richard P. Conaboy,
Chairman.

RULES OF PRACTICE AND PROCEDURE

PART I--SCOPE OF RULES

Rule 1.1  Application and Purpose

    Pursuant to 28 U.S.C. 995(a)(1) and other applicable provisions of 
its organizational statute, the United States Sentencing Commission 
(``the Commission'') has established these rules governing its usual 
operating practices. While the Commission, an agency within the 
judicial branch of government, is not subject as a general matter to 
the Administrative Procedures Act and a variety of other statutes 
typically applicable to executive branch agencies, the Commission 
nevertheless desires to involve interested members of the public in its 
work to the maximum extent practicable. Accordingly, these rules are 
issued for the purpose of more fully informing interested persons of 
opportunities and procedures for becoming aware of and participating in 
the public business of the Commission. These rules are not intended to 
enlarge the rights of any person sentenced under the guidelines 
promulgated by the Commission or otherwise create any private right of 
action.

Rule 1.2  Suspension of Rules and Promulgation of Temporary Rules

    The Commission in a public meeting at which a quorum is present 
may, by vote of a majority of members, promulgate, modify, or suspend 
any rule contained herein, or promulgate a temporary, supplemental, or 
superseding rule.

PART II--ACTION BY THE COMMISSION

Rule 2.1  Members

    For purposes of the voting procedures set forth in these Rules, 
``member'' of the Commission shall mean a voting member and shall not 
include an ex-officio, non-voting member. Ex-officio members may 
participate in all discussions of the Commission but may not vote or 
make motions.

Rule 2.2  Voting Rules for Action by the Commission

    Except as otherwise provided in these rules or by law, action by 
the Commission requires the affirmative vote of a majority of the 
members at a public meeting at which a quorum is present. A quorum 
shall consist of a majority of the members then serving. Members shall 
be deemed ``present'' and may participate and vote in public meetings 
from remote locations by electronic means, including, but not limited 
to, telephone, satellite and video conference devices.
    Promulgation of guidelines, policy statements, official commentary, 
and amendments thereto shall require the affirmative vote of at least 
four members at a public meeting. See 28 U.S.C. 994(a).
    Publication of proposed amendments to guidelines, policy 
statements, or official commentary in the Federal Register shall 
require the affirmative vote of at least three members at a public 
meeting.
    Action on miscellaneous matters may be taken without a meeting 
based on the affirmative vote of a majority of the members then serving 
by written or oral communication. Such matters may include, but are not 
limited to, the approval of budget requests, legal briefs, staff 
reports, analyses of legislation, and administrative and personnel 
issues.

PART III--INFORMATION ABOUT THE COMMISSION

Rule 3.1  Office(s)

    The offices of the Commission are located in the Thurgood Marshall 
Federal Judiciary Building, Suite 2-500, South Lobby, One Columbus 
Circle, N.E., Washington, D.C. 20002-8002.
    The office can be reached telephonically between 8:30 a.m. and 5:30 
p.m. Monday through Friday. The main telephone number is 202/273-4500. 
The fax number is 202/273-4529.

Rule 3.2  Communications Office

    The Communications Office administers the Commission's policy on 
Public Access to Sentencing Commission Documents and Data. See 54 Fed. 
Reg. 238, 51279 (1989). This office also maintainsA Guide to 
Publications & Resources that lists all publications and datasets 
available from the Commission. This document is available on request.
    Generally, the Communications Office will maintain for public 
inspection by appointment official Commission documents, meetings and 
hearing schedules and agendas, public comment submissions, and other 
documents (or citations thereto) that inform Commission decisions or 
actions.

Rule 3.3  Internet Site

    The Commission maintains and updates information and documents on 
an Internet Web Site and Electronic Bulletin Board. The Web Site is 
found at: http://www.ussc.gov. The Electronic Bulletin Board can be 
accessed directly by computer via modem by dialing 202/273-4709.
    This resource shall include general information, such as background 
information about the Commission and Commissioners, notices for 
scheduled meetings and hearings, minutes of recent meetings, listings 
of Commission priorities and projects, outstanding public comment 
solicitations, recently promulgated amendments, a list of all reports 
and resources available from the Commission, and the text of the 
Guidelines Manual and Commission reports.

Rule 3.4  Information at Federal Depository Libraries

    All Commission publications printed by the Government Printing 
Office, and other selected documents, are available in hard copy or 
microfiched form through the Government Printing Office's Regional 
Depository Libraries (of which there are more than 600 nationwide). The 
location of the nearest Federal Depository Library can be determined in 
several ways: (1) Request a free copy of the Directory of Depository 
Libraries from the U.S. Government Printing Office, Library Programs 
Services, Stop: SLLD, Washington, DC 20401; (2) ask your local library 
for the address of the nearest Federal Depository Library; or (3) use 
the Internet at http://www.access.gpo.gov/su__docs; Select: 
``Information Available for Free Public Use in Federal Depository 
Libraries.'' Search the listing by state or by area code.

Rule 3.5  Access to Commission Data--Research Consortium

    The Commission provides its various databases to the University of 
Michigan's Inter-University Consortium for Political and Social 
Research (ICPSR). Researchers interested in studying federal sentencing 
practices through quantitative methods can access Commission sentencing 
data through this means. Contact ICPSR, P.O. Box 1248, Ann Arbor, MI 
48106; or call 1-800-999-0960; or use the following Internet address: 
http://www.ICPSR.umich.edu/NACJD/home.html.

[[Page 39495]]

PART IV--MEETINGS AND HEARINGS

Rule 4.1  Meetings

    The Chair shall call and preside at Commission meetings. In the 
absence of the Chair, the Chair will designate a Vice Chair to preside.

Rule 4.2  Public Meetings

    The Commission shall endeavor to meet publicly on at least two 
separate occasions in each calendar quarter to inform the public and 
receive public comment on matters under consideration by the 
Commission.
    To the extent practicable, the Chair shall issue, through the 
Office of Staff Director, a public notice of any public meeting at 
least seven days prior to the date of the meeting. The public notice, 
to the extent practicable, shall indicate the general purpose(s) of the 
meeting and include an agenda and any related documents approved for 
public release.
    In the discretion of the Chair, and to the extent the Chair may 
deem appropriate, members of the public may be afforded an opportunity 
to comment on any issue on the agenda of a public meeting.

Rule 4.3  Executive Sessions

    The Commission may hold executive sessions closed to the public to 
transact business of the Commission that is not appropriate for a 
public meeting, including, but not limited to, discussion and 
resolution of personnel and budget issues.

Rule 4.4  Working Sessions

    The Commission routinely may hold working sessions that are not 
open to the public for the purpose of receiving information from staff 
and others and for conducting in-depth discussions of matters before 
the Commission.

Rule 4.5  Public Hearings Generally

    The Commission may convene a public hearing on any matter involving 
the promulgation of sentencing guidelines or any other matter affecting 
the Commission's business. Notice of such hearing will be placed in the 
Federal Register as soon as practicable and the notice shall include, 
if applicable, a procedure for requesting the opportunity to testify 
and the availability for public inspection of documents or reports 
relevant to the subject of the hearing.
    The Communications Office shall make available by customary means 
the topic(s) that will be the subject of testimony and any other topics 
or issues about which only written submissions will be accepted.
    The Commission may exclude from such a hearing any electronic 
devices that record the voice or image of any or all witnesses, as well 
as cameras of any kind.
    At the request of any witness to turn off any such electronic 
device(s) during that person's testimony, the Chair of the Commission 
may order, at his or her discretion, that use of such devices be 
discontinued during the testimony of that witness.

Rule 4.6  Written Record of Meetings and Hearings

    The Commission shall prepare and maintain written minutes of public 
meetings and make them publicly available by customary means within a 
reasonable time after their approval by the Commission.
    The Commission shall maintain a written transcription of public 
hearings that shall be publicly available for inspection.

PART V--AMENDMENT PROCESS

Rule 5.1  Promulgation of Amendments

    The Commission may promulgate and submit to Congress amendments to 
the guidelines between the beginning of a regular session of Congress 
and the first day of May that year. Amendments shall be accompanied by 
a brief explanation or statement of reasons for the amendments. Unless 
otherwise specified, or unless Congress legislates to the contrary, 
amendments submitted for review shall take effect on the first day of 
November of the year in which submitted. 28 U.S.C. 994(p).
    The Commission may promulgate amendments at other times pursuant to 
special statutory enactment (e.g., the ``emergency'' amendment 
authority under section 730 of the Antiterrorism and Effective Death 
Penalty Act of 1996).
    Amendments to policy statements and commentary may be promulgated 
and put into effect at any time. However, to the extent practicable, 
the Commission shall endeavor to include amendments to policy 
statements and commentary in any submission of guideline amendments to 
Congress and put them into effect on the same November 1 date as any 
guideline amendments issued in the same year.

Rule 5.2  Prison Impact of Amendments

    In promulgating amendments to the guidelines, the Commission shall 
consider the available penal, correctional, and other facilities and 
services.
    To the extent practicable, the Commission shall consider and, make 
available to the public by customary means, information describing the 
prison impact of any amendments that significantly impact on prison 
population.

Rule 5.3  Notice and Comment on Proposed Amendments

    In proposing and promulgating guidelines and amendments thereto, 
the Commission shall comply with the requirements of section 553 of 
title 5, United States Code, relating to publication in the Federal 
Register and public hearing procedure. 28 U.S.C. 994(x).
    The Commission may promulgate commentary and policy statements, and 
amendments thereto, without regard to the provisions of 28 U.S.C. 
994(x). Nevertheless, the Commission will endeavor to provide, to the 
extent practicable, comparable opportunities for public input on 
proposed policy statements and commentary considered in conjunction 
with guideline amendments.

Rule 5.4  Federal Register Notice of Proposed Amendments

    As stated in Rule 2.2, supra, upon the affirmative vote of three 
voting members, the Commission may authorize publication in the Federal 
Register of a proposed amendment to a guideline, policy statement, or 
official commentary. A vote to publish shall be deemed to be a request 
for public comment on the proposed amendment.
    The notice of proposed amendments also shall provide, where 
appropriate and practicable, reasons for consideration of amendments, a 
summary of or reference to information that is relevant to the 
issue(s), and whether the Commission possesses information on the 
issue(s) that is publicly available. In addition, the publication 
notice shall include a deadline for public comment and may include a 
notice of any scheduled public hearing(s) or meetings on the issue(s).
    In the case of proposed amendments to guidelines or issues for 
comment that form the basis for possible guidelines amendments, to the 
extent practicable, there shall be a minimum period of public comment 
of at least 60 calendar days prior to final Commission action on the 
proposed amendments.

Rule 5.5  Public Hearing on Proposed Amendments

    Unless time does not permit or the Commission determines that a 
hearing would not substantially assist the

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amendment process, the Commission shall conduct a public hearing on 
proposed amendments. The hearing shall be noticed in the Federal 
Register and otherwise announced by customary means.

PART VI--PUBLIC INPUT TO AMENDMENT PROCESS

Rule 6.1  Public Comment File

    As stated in Rule 3.2, supra, the Communications Office shall 
receive and maintain public comment and public hearing testimony 
received by the Commission. This public comment file will be available 
during normal business hours for public inspection pursuant to written 
or telephonic request and with reasonable notice.

Rule 6.2  Notice of Priorities

    Annually, following the submission to Congress of any guideline 
amendments, the Commission shall publish in the Federal Register and 
make available to the public by customary means, a notice of the 
tentative priorities for future Commission inquiry and possible action, 
including areas for possible amendments to guidelines, policy 
statements, and commentary. Any such notice shall include an invitation 
to, and deadline for, the submission of written public comment on the 
proposed priorities.

Rule 6.3  Data and Reports Relevant to the Amendment Process

    To fulfill Commission priorities and inform consideration of 
potential amendments, the Staff Director shall direct the preparation 
of relevant data and reports for consideration by the Commission. Upon 
authorization by the Commission, the Communications Office shall make 
the data and reports available to the public by customary means, as 
soon as practicable.

Rule 6.4  Advisory Groups

    Upon authorization of the Commission, the Staff Director may 
facilitate the creation, membership, and periodic meeting at the 
Commission offices and elsewhere, of advisory groups of defense 
attorneys, academics, probation officers, judges, prosecutors, and 
others, to facilitate formal and informal input to the Commission. Two 
types of advisory groups are authorized: standing and ad hoc.
    The following groups are the standing advisory groups: the 
Practitioners' Advisory Group and the Probation Officers' Advisory 
Group. The Commission may create additional standing advisory groups.
    The Commission also may create ad hoc advisory groups as needed.
    In addition, the Commission expects to receive and, from time to 
time, solicit input from outside groups representing the federal 
judiciary, prosecutors, defense attorneys, crime victims, and other 
interested groups.

Rule 6.5  Advisory Group Meetings and Reports

    Subject to such limitations as the Commission may deem necessary, 
each advisory group shall establish appropriate policies regarding the 
conduct of their meetings.
    Except as otherwise authorized by the Commission, final reports of 
ad hoc advisory groups, if any, shall be provided to the Commission 
and, after necessary time for Commission review, shall be made 
available for public inspection.

[FR Doc. 96-19113 Filed 7-26-96; 8:45 am]
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