Final Priorities for Amendment Cycle, 58004-58005 [2016-20245]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 58004 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices the initial membership of the advisory group under that charter. Under the charter, the advisory group will consist of no more than 9 members. Of those 9 members, not more than 1 shall be a Federal judge; 2 shall be from the Executive Branch (one from the United States Department of Justice and one from the United States Department of the Interior); 1 shall be from a federal public defender organization or community defender organization; 1 shall be a tribal court judge; and not more than 4 shall be at-large members. To be eligible to serve as a member, an individual must have expertise, knowledge, and/or experience in the issues considered by the Tribal Issues Advisory Group. The Commission hereby invites any individual who is eligible to be appointed to the Federal judge membership, the tribal court judge membership, or the at-large membership of the Tribal Issues Advisory Group to apply. Application materials should be received by the Commission not later than October 24, 2016. An applicant for membership in the Tribal Issues Advisory Group should apply by sending a letter of interest and resume to the Commission as indicated in the ADDRESSES section below. DATES: Application materials for the Federal judge, tribal court judge, and atlarge memberships of the Tribal Issues Advisory Group should be received not later than October 24, 2016. ADDRESSES: An applicant for the memberships of the Tribal Issues Advisory Group covered by this notice should apply by sending a letter of interest and resume to the Commission by electronic mail or regular mail. The email address is pubaffairs@ussc.gov. The regular mail address is United States Sentencing Commission, One Columbus Circle NE., Suite 2–500, South Lobby, Washington, DC 20002– 8002, Attention: Public Affairs. FOR FURTHER INFORMATION CONTACT: Christine Leonard, Director, Office of Legislative and Public Affairs, (202) 502–4500, pubaffairs@ussc.gov. More information about the Tribal Issues Advisory Group (including the advisory group charter) is available on the Commission’s Web site at http:// www.ussc.gov/about/who-we-are/ advisory-groups. SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is an independent agency in the judicial branch of the United States Government. The Commission promulgates sentencing guidelines and policy statements for federal sentencing courts pursuant to 28 U.S.C. 994(a). The Commission also periodically reviews VerDate Sep<11>2014 20:16 Aug 23, 2016 Jkt 238001 and revises previously promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits guideline amendments to the Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p). Under 28 U.S.C. 995 and Rule 5.4 of the Commission’s Rules of Practice and Procedure, the Commission may create standing or ad hoc advisory groups to facilitate formal and informal input to the Commission. Upon creating an advisory group, the Commission may prescribe the policies regarding the purpose, membership, and operation of the group as the Commission deems necessary or appropriate. The Commission recently adopted a formal charter for the Tribal Issues Advisory Group. Under the charter, the purpose of the advisory group is: (1) To assist the Commission in carrying out its statutory responsibilities under 28 U.S.C. 994(o); (2) to provide to the Commission its views on federal sentencing issues relating to American Indian and Alaska Native defendants and victims, and to offenses committed in Indian country; (3) to engage in meaningful consultation and outreach with tribes, tribal governments, and tribal organizations regarding federal sentencing issues that have tribal implications; (4) to disseminate information regarding federal sentencing issues to tribes, tribal governments, and tribal organizations; and (5) to perform any other related functions as the Commission requests. The Tribal Issues Advisory Group shall consist of no more than 9 members. Of those 9 members, not more than 1 shall be a Federal judge; 2 shall be from the Executive Branch (one from the United States Department of Justice and one from the United States Department of the Interior); 1 shall be from a federal public defender organization or community defender organization; 1 shall be a tribal court judge; and not more than 4 shall be atlarge members. All members are appointed by the Commission and shall have expertise, knowledge, and/or experience in the issues considered by the Tribal Issues Advisory Group. The Commission intends that the at-large membership shall include individuals with membership in or experience with tribes, tribal governments, and tribal organizations, appointed in a manner that ensures representation among tribal communities diverse in size, geographic location, and other unique characteristics. All members of the Tribal Issues Advisory Group shall serve not more than two consecutive three-year terms. PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 However, the terms of the initial membership shall be staggered so that 3 members serve a term of three years, 3 members serve a term of two years, and 3 members serve a term of one year. The Commission invites any individual who is eligible to be appointed to the Federal judge membership, the tribal court judge membership, or the at-large membership of the Tribal Issues Advisory Group to apply by sending a letter of interest and a resume to the Commission as indicated in the ADDRESSES section above. Authority: 28 U.S.C. 994(a), (o), (p), § 995; USSC Rules of Practice and Procedure 5.2, 5.4. Patti B. Saris, Chair. [FR Doc. 2016–20247 Filed 8–23–16; 8:45 am] BILLING CODE 2210–40–P UNITED STATES SENTENCING COMMISSION Final Priorities for Amendment Cycle United States Sentencing Commission. ACTION: Notice of final priorities. AGENCY: In June 2016, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2017. See 81 FR 37241 (June 9, 2016). After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities. FOR FURTHER INFORMATION CONTACT: Christine Leonard, Director, Office of Legislative and Public Affairs, (202) 502–4500, pubaffairs@ussc.gov. SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is an independent agency in the judicial branch of the United States Government. The Commission promulgates sentencing guidelines and policy statements for federal sentencing courts pursuant to 28 U.S.C. 994(a). The Commission also periodically reviews and revises previously promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits guideline amendments to the Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p). Pursuant to 28 U.S.C. 994(g), the Commission intends to consider the issue of reducing costs of incarceration and overcapacity of prisons, to the SUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices extent it is relevant to any identified priority. As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, the Commission has identified its policy priorities for the amendment cycle ending May 1, 2017. The Commission recognizes, however, that other factors, such as the enactment of any legislation requiring Commission action, may affect the Commission’s ability to complete work on any or all of its identified priorities by the statutory deadline of May 1, 2017. Accordingly, it may be necessary to continue work on any or all of these issues beyond the amendment cycle ending on May 1, 2017. As so prefaced, the Commission has identified the following priorities: (1) Continuation of its work with Congress and other interested parties on statutory mandatory minimum penalties to implement the recommendations set forth in the Commission’s 2011 report to Congress, titled Mandatory Minimum Penalties in the Federal Criminal Justice System, including its recommendations regarding the severity and scope of mandatory minimum penalties, consideration of expanding the ‘‘safety valve’’ at 18 U.S.C. 3553(f), and elimination of the mandatory ‘‘stacking’’ of penalties under 18 U.S.C. 924(c), and to develop appropriate guideline amendments in response to any related legislation. (2) Continuation of its multi-year examination of the overall structure of the guidelines post-Booker, possibly including recommendations to Congress on any statutory changes and development of any guideline amendments that may be appropriate. As part of this examination, the Commission intends to study possible approaches to (A) simplify the operation of the guidelines, promote proportionality, and reduce sentencing disparities; and (B) appropriately account for the defendant’s role, culpability, and relevant conduct. (3) Continuation of its study of approaches to encourage the use of alternatives to incarceration. (4) Continuation of its multi-year study of statutory and guideline definitions relating to the nature of a defendant’s prior conviction (e.g., ‘‘crime of violence,’’ ‘‘aggravated felony,’’ ‘‘violent felony,’’ ‘‘drug trafficking offense,’’ and ‘‘felony drug offense’’) and the impact of such definitions on the relevant statutory and guideline provisions (e.g., career offender, illegal reentry, and armed career criminal), possibly including recommendations to Congress on any VerDate Sep<11>2014 20:16 Aug 23, 2016 Jkt 238001 statutory changes that may be appropriate and development of guideline amendments that may be appropriate. (5) Continuation of its comprehensive, multi-year study of recidivism, including (A) examination of circumstances that correlate with increased or reduced recidivism; (B) possible development of recommendations for using information obtained from such study to reduce costs of incarceration and overcapacity of prisons, and promote effectiveness of reentry programs; and (C) consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study. (6) Study of the findings and recommendations contained in the May 2016 Report issued by the Commission’s Tribal Issues Advisory Group, and consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study. (7) Study of the treatment of youthful offenders under the Guidelines Manual. (8) Examination of Chapter Four, Part A (Criminal History) to (A) study the treatment of revocation sentences under § 4A1.2(k), and (B) consider a possible amendment of § 4A1.3 (Departures Based on Inadequacy of Criminal History Category (Policy Statement)) to account for instances in which the time actually served was substantially less than the length of the sentence imposed for a conviction counted under the Guidelines Manual. (9) Study of offenses involving MDMA/Ecstasy, synthetic cannabinoids (such as JWH–018 and AM–2201), and synthetic cathinones (such as Methylone, MDPV, and Mephedrone), and consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study. (10) Possible consideration of whether the weapon enhancement in § 2D1.1(b)(1) should be amended to conform to the ‘‘safety valve’’ provision at 18 U.S.C. 3553(f) and § 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). (11) Study of environmental offenses involving knowing endangerment resulting from mishandling hazardous or toxic substances, pesticides, or other pollutants, and consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study. (12) Implementation of the Bipartisan Budget Act of 2015, Public Law 114–74, and any other crime legislation enacted PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 58005 during the 114th or 115th Congress warranting a Commission response. (13) Resolution of circuit conflicts, pursuant to the Commission’s continuing authority and responsibility, under 28 U.S.C. 991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), to resolve conflicting interpretations of the guidelines by the federal courts. (14) Consideration of any miscellaneous guideline application issues coming to the Commission’s attention from case law and other sources, including possible consideration of whether a defendant’s denial of relevant conduct should be considered in determining whether a defendant has accepted responsibility for purposes of § 3E1.1. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. Patti B. Saris, Chair. [FR Doc. 2016–20245 Filed 8–23–16; 8:45 am] BILLING CODE 2210–40–P DEPARTMENT OF VETERANS AFFAIRS Privacy Act of 1974; System of Records AGENCY: Department of Veterans Affairs (VA). Notice of amendment to system of records. ACTION: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), notice is hereby given that the Department of Veterans Affairs (VA) is amending the system of records currently entitled ‘‘My HealtheVet Administrative Records-VA’’ (130VA19) as set forth in the Federal Register 75 FR 70365. VA is amending the system by revising the System Number, System Location, Categories of Individuals Covered by the System, Categories of Records in the System, Records Source Categories, Routine Uses of Records Maintained in the System, Retention and Disposal, System Manager, Record Access Procedure, and Notification Procedure. VA is republishing the system notice in its entirety. DATES: Comments on the amendment of this system of records must be received no later than September 23, 2016. If no public comment is received, the amended system will become effective September 23, 2016. ADDRESSES: Written comments concerning the amended system of records may be submitted through www.regulations.gov; by mail or handSUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 58004-58005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20245]


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UNITED STATES SENTENCING COMMISSION


Final Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

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SUMMARY: In June 2016, the Commission published a notice of possible 
policy priorities for the amendment cycle ending May 1, 2017. See 81 FR 
37241 (June 9, 2016). After reviewing public comment received pursuant 
to the notice of proposed priorities, the Commission has identified its 
policy priorities for the upcoming amendment cycle and hereby gives 
notice of these policy priorities.

FOR FURTHER INFORMATION CONTACT: Christine Leonard, Director, Office of 
Legislative and Public Affairs, (202) 502-4500, pubaffairs@ussc.gov.

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is 
an independent agency in the judicial branch of the United States 
Government. The Commission promulgates sentencing guidelines and policy 
statements for federal sentencing courts pursuant to 28 U.S.C. 994(a). 
The Commission also periodically reviews and revises previously 
promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits 
guideline amendments to the Congress not later than the first day of 
May each year pursuant to 28 U.S.C. 994(p).
    Pursuant to 28 U.S.C. 994(g), the Commission intends to consider 
the issue of reducing costs of incarceration and overcapacity of 
prisons, to the

[[Page 58005]]

extent it is relevant to any identified priority.
    As part of its statutory authority and responsibility to analyze 
sentencing issues, including operation of the federal sentencing 
guidelines, the Commission has identified its policy priorities for the 
amendment cycle ending May 1, 2017. The Commission recognizes, however, 
that other factors, such as the enactment of any legislation requiring 
Commission action, may affect the Commission's ability to complete work 
on any or all of its identified priorities by the statutory deadline of 
May 1, 2017. Accordingly, it may be necessary to continue work on any 
or all of these issues beyond the amendment cycle ending on May 1, 
2017.
    As so prefaced, the Commission has identified the following 
priorities:
    (1) Continuation of its work with Congress and other interested 
parties on statutory mandatory minimum penalties to implement the 
recommendations set forth in the Commission's 2011 report to Congress, 
titled Mandatory Minimum Penalties in the Federal Criminal Justice 
System, including its recommendations regarding the severity and scope 
of mandatory minimum penalties, consideration of expanding the ``safety 
valve'' at 18 U.S.C. 3553(f), and elimination of the mandatory 
``stacking'' of penalties under 18 U.S.C. 924(c), and to develop 
appropriate guideline amendments in response to any related 
legislation.
    (2) Continuation of its multi-year examination of the overall 
structure of the guidelines post-Booker, possibly including 
recommendations to Congress on any statutory changes and development of 
any guideline amendments that may be appropriate. As part of this 
examination, the Commission intends to study possible approaches to (A) 
simplify the operation of the guidelines, promote proportionality, and 
reduce sentencing disparities; and (B) appropriately account for the 
defendant's role, culpability, and relevant conduct.
    (3) Continuation of its study of approaches to encourage the use of 
alternatives to incarceration.
    (4) Continuation of its multi-year study of statutory and guideline 
definitions relating to the nature of a defendant's prior conviction 
(e.g., ``crime of violence,'' ``aggravated felony,'' ``violent 
felony,'' ``drug trafficking offense,'' and ``felony drug offense'') 
and the impact of such definitions on the relevant statutory and 
guideline provisions (e.g., career offender, illegal reentry, and armed 
career criminal), possibly including recommendations to Congress on any 
statutory changes that may be appropriate and development of guideline 
amendments that may be appropriate.
    (5) Continuation of its comprehensive, multi-year study of 
recidivism, including (A) examination of circumstances that correlate 
with increased or reduced recidivism; (B) possible development of 
recommendations for using information obtained from such study to 
reduce costs of incarceration and overcapacity of prisons, and promote 
effectiveness of reentry programs; and (C) consideration of any 
amendments to the Guidelines Manual that may be appropriate in light of 
the information obtained from such study.
    (6) Study of the findings and recommendations contained in the May 
2016 Report issued by the Commission's Tribal Issues Advisory Group, 
and consideration of any amendments to the Guidelines Manual that may 
be appropriate in light of the information obtained from such study.
    (7) Study of the treatment of youthful offenders under the 
Guidelines Manual.
    (8) Examination of Chapter Four, Part A (Criminal History) to (A) 
study the treatment of revocation sentences under Sec.  4A1.2(k), and 
(B) consider a possible amendment of Sec.  4A1.3 (Departures Based on 
Inadequacy of Criminal History Category (Policy Statement)) to account 
for instances in which the time actually served was substantially less 
than the length of the sentence imposed for a conviction counted under 
the Guidelines Manual.
    (9) Study of offenses involving MDMA/Ecstasy, synthetic 
cannabinoids (such as JWH-018 and AM-2201), and synthetic cathinones 
(such as Methylone, MDPV, and Mephedrone), and consideration of any 
amendments to the Guidelines Manual that may be appropriate in light of 
the information obtained from such study.
    (10) Possible consideration of whether the weapon enhancement in 
Sec.  2D1.1(b)(1) should be amended to conform to the ``safety valve'' 
provision at 18 U.S.C. 3553(f) and Sec.  5C1.2 (Limitation on 
Applicability of Statutory Minimum Sentences in Certain Cases).
    (11) Study of environmental offenses involving knowing endangerment 
resulting from mishandling hazardous or toxic substances, pesticides, 
or other pollutants, and consideration of any amendments to the 
Guidelines Manual that may be appropriate in light of the information 
obtained from such study.
    (12) Implementation of the Bipartisan Budget Act of 2015, Public 
Law 114-74, and any other crime legislation enacted during the 114th or 
115th Congress warranting a Commission response.
    (13) Resolution of circuit conflicts, pursuant to the Commission's 
continuing authority and responsibility, under 28 U.S.C. 991(b)(1)(B) 
and Braxton v. United States, 500 U.S. 344 (1991), to resolve 
conflicting interpretations of the guidelines by the federal courts.
    (14) Consideration of any miscellaneous guideline application 
issues coming to the Commission's attention from case law and other 
sources, including possible consideration of whether a defendant's 
denial of relevant conduct should be considered in determining whether 
a defendant has accepted responsibility for purposes of Sec.  3E1.1.

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

Patti B. Saris,
Chair.
[FR Doc. 2016-20245 Filed 8-23-16; 8:45 am]
 BILLING CODE 2210-40-P