[Federal Register Volume 66, Number 182 (Wednesday, September 19, 2001)]
[Notices]
[Pages 48306-48307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23324]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: (A) Notice of policy priorities for amendment cycle ending May 
1, 2002; (B) Request for comment on the possible formation of an ad hoc 
advisory group on organizational guidelines; and (C) Request for 
comment on the possible formation of an ad hoc advisory group on issues 
related to the impact of the sentencing guidelines on Native Americans 
in Indian Country.

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SUMMARY: (A) Policy Priorities.--In July 2001, the Commission published 
a notice of possible policy priorities for the amendment cycle ending 
May 1, 2002. See 66 FR 128 (July 3, 2001). After reviewing public 
comment received pursuant to this notice, the Commission has identified 
its policy priorities for the upcoming amendment cycle. The Commission 
hereby gives notice of these policy priorities.
    (B) Issues Related to the Organizational Guidelines.--The 
Commission recently has received several letters from individuals and 
organizations suggesting that the Commission consider proposed changes 
to the guidelines in Chapter Eight (Sentencing of Organizations). 
(These letters are available at the Commission for public review.) In 
response, the Commission hereby requests comment on the scope, 
potential membership, and possible formation of an ad hoc advisory 
group on the organizational sentencing guidelines to consider any 
viable methods to improve the operation of these guidelines.
    (C) Issues Related to the Impact of Federal Sentencing Guidelines 
on Native Americans in Indian Country.--In June, 2001, the Commission 
held a hearing in Rapid City, South Dakota, for the purpose of 
receiving information from interested parties about the impact of the 
federal sentencing guidelines on Native Americans sentenced in Federal 
court for offenses traditionally prosecuted under state law. As a 
result of suggestions made at that hearing and subsequent written 
submissions, the Commission hereby requests comment on the scope, 
potential membership, and possible formation of an ad hoc advisory 
group to consider any viable methods to improve the operation of the 
federal sentencing guidelines in all areas that have significant Native 
American Indian populations.

DATE: Public comment should be received by the Commission not later 
than November 6, 2001.

ADDRESSES: Send comment to: United States Sentencing Commission, One 
Columbus Circle, NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002. Attn: Public Affairs.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission, an 
independent commission in the judicial branch of the United States 
Government, is authorized by 28 U.S.C. 994(a) to promulgate sentencing 
guidelines and policy statements for federal courts. Section 994 also 
directs the Commission periodically to review and revise promulgated 
guidelines and authorizes it to submit guideline amendments to Congress 
not later than the first day of May each year. See 28 U.S.C. 994(o), 
(p).
    (A) Policy Priorities for Amendment Cycle May 1, 2002.--As part of 
its statutory authority and responsibility to analyze sentencing 
issues, including operation of the federal sentencing guidelines, the 
Commission has identified certain priorities as the focus of its policy 
development work, including possible amendments to guidelines, policy 
statements, and commentary, for the amendment cycle ending May 1, 2002. 
While the Commission intends to address these

[[Page 48307]]

priority issues, it recognizes that other factors, such as the 
enactment of legislation requiring Commission action, may affect the 
Commission's ability to complete work on all of the identified policy 
priorities by the statutory deadline of May 1, 2002. The Commission may 
address any unfinished policy work from this agenda during the 
amendment cycle ending May 1, 2003.
    For the amendment cycle ending May 1, 2002, and possibly continuing 
into the amendment cycle ending May 1, 2003, the Commission has 
identified the following priorities: (1) A 15 Year Study (in 
anticipation of the 15 year anniversary of the federal sentencing 
guidelines) composed of a number of projects geared toward analyzing 
the guidelines in light of the goals of sentencing reform described in 
the Sentencing Reform Act and the statutory purposes of sentencing set 
forth in 18 U.S.C. 3553(a)(2); (2) in conjunction with the 15 Year 
Study, an assessment of, and possible guideline amendment proposals 
for, the following guideline areas: (i) Chapter Two, Part D (Offenses 
Involving Drugs); and (ii) Chapter Four (Criminal History); (3) 
implementation of any crime legislation enacted during the first 
session of the 107th Congress warranting a Commission response; (4) 
miscellaneous and discreet issues such as offenses involving damage to 
cultural heritage resources; and (5) the resolution of any conflicts 
among the circuits related to the operation of the guidelines in the 
areas identified above.
    (B) Issues Related to the Organizational Guidelines.--The 
sentencing guidelines for organizations found in Chapter Eight 
(Sentencing of Organizations) were promulgated on November 1, 1991. 
Approximately 250 to 300 cases per year currently are being sentenced 
under the organizational guidelines. More important than the number of 
cases sentenced, the organizational guidelines have had a tremendous 
impact on the implementation of compliance and business ethics programs 
over the past ten years. The organizational guidelines prompted a 
serious reconsideration within the American business community of 
methods and rationale for improved corporate governance. The 
Commissioners have been active in speaking at various compliance and 
ethics seminars and writing articles about the organizational 
guidelines over the years and are aware of the importance of the 
organizational guidelines to good corporate citizenship.
    Recently, the Commission has received several letters from 
individuals and organizations suggesting that the Commission examine 
the organizational guidelines with a view toward changes that might be 
made to improve their overall operation. (These letters are available 
at the Commission for public review.) Changes that have been suggested 
include, for example: (1) Broadening compliance requirements to include 
ethics and integrity based systems, (2) developing criteria in 
Sec. 8A1.2 (Application Instructions--Organizations) that would create 
a ``safe harbor'' for reporting without fear of retribution, and (3) 
fostering a dialogue with interested parties for the purpose of 
reviewing the organizational guidelines and making further suggestions 
for change.
    In response to the suggestion to foster a dialogue on the 
organizational guidelines, the Commission is considering forming an ad 
hoc advisory group of interested persons such as industry 
representatives, scholars, and experts in compliance and business 
ethics, which might lead to development of proposals on the 
organizational guidelines for Commission consideration. See USSC Rule 
of Practice and Procedure 5.4. The Commission requests comment on (1) 
the scope, duration, and membership of any such advisory group; (2) the 
merit of the suggestions from outside parties as described in the 
preceding paragraph; and (3) any other issues related to the 
improvement of Chapter Eight.
    (C) Issues Related to the Impact of the Federal Sentencing 
Guidelines on Native Americans in Indian Country.--On June 19, 2001, 
the Sentencing Commission held a public hearing in Rapid City, South 
Dakota, in response to the March 2000 Report of the South Dakota 
Advisory Committee to the United States Commission on Civil Rights, 
which recommended that an assessment of the impact of the United States 
sentencing guidelines on Native Americans in South Dakota be 
undertaken. The Committee, in its report, expressed concern about the 
impact of the federal sentencing guidelines on Native Americans in 
Indian Country who are prosecuted in federal court for crimes that 
otherwise would be brought under state law. The Committee's concerns 
and recommendations were based on the widespread perception in South 
Dakota that Native Americans, by virtue of being subject to federal 
prosecution and sentencing, rather than state prosecution and 
sentencing, receive harsher sentences under the federal guidelines than 
they would under a similar state sentence. The purpose of the hearing 
was to provide the Commission with an opportunity to hear from various 
witnesses who have first-hand experience with the process of criminal 
investigation, prosecution, and sentencing in South Dakota and the 
federal sentencing guidelines. Representative testimony was received 
from local judges, prosecution and defense officials, victims groups, 
as well as Native American tribal leaders. The Commission is aware that 
Native Americans in other regions similarly impacted by the federal 
sentencing guidelines may want to express views on these issues.
    As a result of suggestions made at that hearing and subsequent 
written submissions, the Commission is considering forming an hoc 
advisory group on issues related to the impact of the federal 
sentencing guidelines on Native Americans in Indian Country. The 
Commission requests comment on the merits of forming such a group, 
including comment on the scope, duration, and membership of any such 
advisory group that may be formed.

    Authority: 28 U.S.C. 994 (a), (o), (p); USSC Rules of Practice 
and Procedure 5.2.

Diana E. Murphy,
Chair.
[FR Doc. 01-23324 Filed 9-18-01; 8:45 am]
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