[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Pages 51738-51739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25366]



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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. Proposed rules were 
published on July 29, 1996 with comment due on November 1, 1996. 61 FR 
39493-39496. Pursuant to the same authority, the Commission is 
considering additional provisions to those rules that are set forth 
below. The Commission invites comment on these proposed rules.

DATES: Written comment on the previously published draft rules and 
these revised supplemental provisions should be submitted to Michael 
Courlander, Public Information Specialist, no later than December 16, 
1996. It should be noted that this deadline represents an extension of 
time for comment on the draft rules published in July.

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.
    The new provisions contained herein address moving to a two-year 
cycle for guideline amendments, rules for decisions on retroactivity of 
proposed amendments, and reconsideration of amendments. The entire set 
of 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 represent a 
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.

Revised Rules of Practice and Procedure

    The following are the previously published draft rules that are 
proposed to be modified. Changes are noted in italics.

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 to solicit 
public comment shall require the affirmative vote of at least three 
members at a public meeting. Similarly, the decision to instruct staff 
to prepare a retroactivity impact analysis for a proposed amendment 
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.
    A motion to reconsider Commission action may be made only by a 
Commissioner who was on the prevailing side of the vote for which 
reconsideration is sought, or who did not vote on the matter. Four 
votes are necessary to reconsider a Commission vote on any question on 
which a four-vote majority is required.

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.
    Except as necessary to implement enacted legislation or to address 
other matters determined by the Commission to be urgent and compelling, 
the Commission shall, after May 1, 1997, promulgate or amend the 
guidelines no more frequently than biennially. No amendments shall be 
issued in the annual amendment cycle beginning on May 2, 1997 except as 
provided in this rule.
    Generally, promulgated amendments will given prospective 
application only. However, in those cases in which the Commission 
considers an amendment for retroactive application to previously 
sentenced, imprisoned defendants, it shall decide whether to make the 
amendment retroactive at the same meeting at which it decides to 
promulgate the amendment. Prior to final Commission action on the 
retroactive application of an amendment, the Commission shall review 
the retroactivity impact analysis prepared pursuant to Rule 2.2, supra.

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. At the same time the 
Commission votes to publish proposed amendments for

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comment, it shall request public comment on whether to make any 
amendments retroactive. As stated in Rule 5.1, supra, generally, 
amendments will be given prospective application only.
    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.
[FR Doc. 96-25366 Filed 10-2-96; 8:45 am]
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