[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.
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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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