Final Priorities for Amendment Cycle, 67756-67757 [2022-24546]

Download as PDF 67756 Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices information reporting requirements that apply to ANSTs. Current Actions: There are no changes being made to the form at this time. Type of Review: Reinstatement of a previously approved collection. Affected Public: Business or other forprofit Organizations. Estimated Number of Respondents: 20. Estimated Time per Response: 40 mins. Estimated Total Annual Burden Hours: 793. Authority: 44 U.S.C. 3501 et seq. Melody Braswell, Treasury PRA Clearance Officer. [FR Doc. 2022–24451 Filed 11–8–22; 8:45 am] BILLING CODE 4830–01–P UNITED STATES SENTENCING COMMISSION Final Priorities for Amendment Cycle United States Sentencing Commission. ACTION: Notice of final priorities. AGENCY: In October 2022, the Commission published a notice of proposed policy priorities for the amendment cycle ending May 1, 2023. 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: Jennifer Dukes, Senior Public Affairs Specialist, (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 Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p). See 87 FR 60438 (October 5, 2022). 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, 2023. Other factors, such as legislation requiring Commission khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:09 Nov 08, 2022 Jkt 259001 action, may affect the Commission’s ability to complete work on any or all identified priorities by May 1, 2023. Accordingly, the Commission may continue work on any or all identified priorities after that date or may decide not to pursue one or more identified priorities. 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 extent it is relevant to any identified priority. The Commission has identified the following priorities for the amendment cycle ending May 1, 2023: (1) Consideration of possible amendments to § 1B1.13 (Reduction in Term of Imprisonment Under 18 U.S.C. 3582(c)(1)(A) (Policy Statement)) to (A) implement the First Step Act of 2018 (Pub. L. 115–391); and (B) further describe what should be considered extraordinary and compelling reasons for sentence reductions under 18 U.S.C. 3582(c)(1)(A). (2) Consideration of possible amendments to section 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses)), section 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy), section 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), and related provisions in the Guidelines Manual, to implement the First Step Act of 2018 (Pub. L. 115–391). (3) Consideration of possible amendments to § 2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) to (A) implement the Bipartisan Safer Communities Act (Pub. L. 117–159); and (B) make any other changes that may be warranted to appropriately address firearms offenses. (4) Resolution of circuit conflicts as warranted, pursuant to the Commission’s authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. United States, 500 U.S. 344 (1991), including the circuit conflicts concerning (A) whether the government may withhold a motion pursuant to subsection (b) of section 3E1.1 (Acceptance of Responsibility) because a defendant moved to suppress evidence; and (B) whether an offense must involve a substance controlled by the Controlled Substances Act (21 U.S.C. 801 et seq.) to qualify as a ‘‘controlled substance offense’’ under subsection (b) of section 4B1.2 (Definitions of Terms Used in Section 4B1.1). PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 (5) Implementation of any legislation warranting Commission action. (6) Continuation of its multiyear work on section 4B1.2 (Definitions of Terms Used in Section 4B1.1), including possible amendments to (A) provide an alternative approach to the ‘‘categorical approach’’ in determining whether an offense is a ‘‘crime of violence’’ or a ‘‘controlled substance offense’’; and (B) address various application issues, including the meaning of ‘‘robbery’’ and ‘‘extortion,’’ and the treatment of inchoate offenses and offenses involving an offer to sell a controlled substance. (7) In light of Commission studies, consideration of possible amendments to the Guidelines Manual relating to criminal history to address (A) the impact of ‘‘status’’ points under subsection (d) of section 4A1.1 (Criminal History Category); (B) the treatment of defendants with zero criminal history points; and (C) the impact of simple possession of marihuana offenses. (8) Consideration of possible amendments to the Guidelines Manual addressing 28 U.S.C. 994(j). (9) Consideration of possible amendments to the Guidelines Manual to prohibit the use of acquitted conduct in applying the guidelines. (10) Consideration of possible amendments to the Guidelines Manual to address sexual abuse or contact offenses against a victim in the custody, care, or supervision of, and committed by law enforcement or correctional personnel. (11) Multiyear study of the Guidelines Manual to address case law concerning the validity and enforceability of guideline commentary. (12) Continuation of its multiyear examination of the structure of the guidelines post-Booker to simplify the guidelines while promoting the statutory purposes of sentencing. (13) Multiyear study of courtsponsored diversion and alternatives-toincarceration programs (e.g., Pretrial Opportunity Program, Conviction And Sentence Alternatives (CASA) Program, Special Options Services (SOS) Program), including consideration of possible amendments to the Guidelines Manual that might be appropriate. (14) Consideration of other miscellaneous issues, including possible amendments to (A) section 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses) to address offenses involving misrepresentation or marketing of a controlled substance as another substance; (B) section 3D1.2 (Grouping of Closely Related Counts) to address E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices the interaction between section 2G1.3 (Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor) and section 3D1.2(d); and (C) section 5F1.7 (Shock Incarceration Program (Policy Statement)) to reflect that the Bureau of Prisons no longer operates a shock incarceration program. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. to attend, have questions or presentations to present may contact Rashelle Robinson, Designated Federal Officer, Office of Research and Development (14RD), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, at 202– 443–5768, or Rashelle.robinson@va.gov no later than close of business on December 2, 2022. All questions and presentations will be presented during the public comment section of the meeting. Any member of the public seeking additional information should contact Rashelle Robinson at the above phone number or email address noted above. [FR Doc. 2022–24546 Filed 11–8–22; 8:45 am] Dated: November 4, 2022. LaTonya L. Small, Federal Advisory Committee Management Officer. BILLING CODE 2210–40–P [FR Doc. 2022–24453 Filed 11–8–22; 8:45 am] Carlton W. Reeves, Chair. BILLING CODE P DEPARTMENT OF VETERANS AFFAIRS DEPARTMENT OF VETERANS AFFAIRS khammond on DSKJM1Z7X2PROD with NOTICES National Research Advisory Council; Notice of Meeting The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act, 5 U.S.C. App. 2, that the National Research Advisory Council will hold a meeting on Wednesday, December 7, 2022, by MS Teams. The teleconference number is 1– 872–701–0185, conference ID 317 213 453# or the meeting link is https:// teams.microsoft.com/l/meetup-join/ 19%3ameeting_NGJlYWU4YTk tOWE0NS00Njk3LTljY mItOTk3ZjE1Njk3MDhj%40thread.v2/ 0?context=%7b%22Tid%22%3a%2 2e95f1b23-abaf-45ee-821db7ab251ab3bf% 22%2c%22Oid%22%3a%22121a3c2bae37-46ab-a12a-fa7b555533ae%22%7d. The meeting will convene at 11:00 a.m. and end at 2:00 p.m. Eastern daylight time. This meeting is open to the public. The purpose of the National Research Advisory Council is to advise the Secretary on research conducted by the Veterans Health Administration, including policies and programs targeting the high priority of Veterans’ health care needs. On December 7, 2022, the agenda will include follow up discussion of sensitive species; overview of VA Homelessness Research; discussion of subcommittee activities and updates on the Research Enterprise Initiative. No time will be allocated at this meeting for receiving oral presentations from the public. Members of the public wanting VerDate Sep<11>2014 17:09 Nov 08, 2022 Jkt 259001 [OMB Control No. 2900–0736] Agency Information Collection Activity: Authorization To Disclose Personal Information to a Third Party Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: Veterans Benefits Administration, Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed reinstatement of a previously approved collection, and allow 60 days for public comment in response to the notice. DATES: Written comments and recommendations on the proposed collection of information should be received on or before January 9, 2023. ADDRESSES: Submit written comments on the collection of information through Federal Docket Management System (FDMS) at www.Regulations.gov or to Nancy J. Kessinger, Veterans Benefits Administration (20M33), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or email to nancy.kessinger@va.gov. Please refer to ‘‘OMB Control No. 2900–0736’’ in any correspondence. During the comment SUMMARY: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 67757 period, comments may be viewed online through FDMS. FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise and Integration, Data Governance Analytics (008), 810 Vermont Ave. NW, Washington, DC 20006, (202) 266–4688 or email maribel.aponte@va.gov. Please refer to ‘‘OMB Control No. 2900–0736’’ in any correspondence. SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VBA invites comments on: (1) whether the proposed collection of information is necessary for the proper performance of VBA’s functions, including whether the information will have practical utility; (2) the accuracy of VBA’s estimate of the burden of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. Authority: 5 U.S.C. 552a and 38 U.S.C. 5701, 38 CFR 1.526(a) and 1.576(b). Title: Authorization to Disclose Personal Information to a Third Party (VA Form 21–0845). OMB Control Number: 2900–0736. Type of Review: Reinstatement of a previously approved collection. Abstract: VA Form 21–0845 is used to release information in its custody or control in the following circumstances: where the individual identifies the information and consents to its use; for the purpose for which it was collected or a consistent purpose (i.e., a purpose which the individual might have reasonably expected). By law, VA must have a claimants or beneficiary’s written permission (an ‘‘authorization’’) to use or give out claim or benefit information for any purpose that is not contained in VA’s System of Records, 58VA21/22/28 Compensation, Pension, Education and Veterans Readiness and Employment Records. The claimant or beneficiary may revoke the authorization at any time, except if VA has already acted based on the claimant’s permission. No changes have been made to this form. The respondent burden has increased due to the estimated number E:\FR\FM\09NON1.SGM 09NON1

Agencies

United States Sentencing Commission

[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67756-67757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24546]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES SENTENCING COMMISSION


Final Priorities for Amendment Cycle

AGENCY: United States Sentencing Commission.

ACTION: Notice of final priorities.

-----------------------------------------------------------------------

SUMMARY: In October 2022, the Commission published a notice of proposed 
policy priorities for the amendment cycle ending May 1, 2023. 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: Jennifer Dukes, Senior Public Affairs 
Specialist, (202) 502-4500, [email protected].

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 Congress not later than the first day of May 
each year pursuant to 28 U.S.C. 994(p). See 87 FR 60438 (October 5, 
2022).
    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, 2023. Other factors, such as legislation 
requiring Commission action, may affect the Commission's ability to 
complete work on any or all identified priorities by May 1, 2023. 
Accordingly, the Commission may continue work on any or all identified 
priorities after that date or may decide not to pursue one or more 
identified priorities.
    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 extent it is relevant to any identified priority.
    The Commission has identified the following priorities for the 
amendment cycle ending May 1, 2023:
    (1) Consideration of possible amendments to Sec.  1B1.13 (Reduction 
in Term of Imprisonment Under 18 U.S.C. 3582(c)(1)(A) (Policy 
Statement)) to (A) implement the First Step Act of 2018 (Pub. L. 115-
391); and (B) further describe what should be considered extraordinary 
and compelling reasons for sentence reductions under 18 U.S.C. 
3582(c)(1)(A).
    (2) Consideration of possible amendments to section 2D1.1 (Unlawful 
Manufacturing, Importing, Exporting, or Trafficking (Including 
Possession with Intent to Commit These Offenses)), section 2D1.11 
(Unlawfully Distributing, Importing, Exporting or Possessing a Listed 
Chemical; Attempt or Conspiracy), section 5C1.2 (Limitation on 
Applicability of Statutory Minimum Sentences in Certain Cases), and 
related provisions in the Guidelines Manual, to implement the First 
Step Act of 2018 (Pub. L. 115-391).
    (3) Consideration of possible amendments to Sec.  2K2.1 (Unlawful 
Receipt, Possession, or Transportation of Firearms or Ammunition; 
Prohibited Transactions Involving Firearms or Ammunition) to (A) 
implement the Bipartisan Safer Communities Act (Pub. L. 117-159); and 
(B) make any other changes that may be warranted to appropriately 
address firearms offenses.
    (4) Resolution of circuit conflicts as warranted, pursuant to the 
Commission's authority under 28 U.S.C. 991(b)(1)(B) and Braxton v. 
United States, 500 U.S. 344 (1991), including the circuit conflicts 
concerning (A) whether the government may withhold a motion pursuant to 
subsection (b) of section 3E1.1 (Acceptance of Responsibility) because 
a defendant moved to suppress evidence; and (B) whether an offense must 
involve a substance controlled by the Controlled Substances Act (21 
U.S.C. 801 et seq.) to qualify as a ``controlled substance offense'' 
under subsection (b) of section 4B1.2 (Definitions of Terms Used in 
Section 4B1.1).
    (5) Implementation of any legislation warranting Commission action.
    (6) Continuation of its multiyear work on section 4B1.2 
(Definitions of Terms Used in Section 4B1.1), including possible 
amendments to (A) provide an alternative approach to the ``categorical 
approach'' in determining whether an offense is a ``crime of violence'' 
or a ``controlled substance offense''; and (B) address various 
application issues, including the meaning of ``robbery'' and 
``extortion,'' and the treatment of inchoate offenses and offenses 
involving an offer to sell a controlled substance.
    (7) In light of Commission studies, consideration of possible 
amendments to the Guidelines Manual relating to criminal history to 
address (A) the impact of ``status'' points under subsection (d) of 
section 4A1.1 (Criminal History Category); (B) the treatment of 
defendants with zero criminal history points; and (C) the impact of 
simple possession of marihuana offenses.
    (8) Consideration of possible amendments to the Guidelines Manual 
addressing 28 U.S.C. 994(j).
    (9) Consideration of possible amendments to the Guidelines Manual 
to prohibit the use of acquitted conduct in applying the guidelines.
    (10) Consideration of possible amendments to the Guidelines Manual 
to address sexual abuse or contact offenses against a victim in the 
custody, care, or supervision of, and committed by law enforcement or 
correctional personnel.
    (11) Multiyear study of the Guidelines Manual to address case law 
concerning the validity and enforceability of guideline commentary.
    (12) Continuation of its multiyear examination of the structure of 
the guidelines post-Booker to simplify the guidelines while promoting 
the statutory purposes of sentencing.
    (13) Multiyear study of court-sponsored diversion and alternatives-
to-incarceration programs (e.g., Pretrial Opportunity Program, 
Conviction And Sentence Alternatives (CASA) Program, Special Options 
Services (SOS) Program), including consideration of possible amendments 
to the Guidelines Manual that might be appropriate.
    (14) Consideration of other miscellaneous issues, including 
possible amendments to (A) section 2D1.1 (Unlawful Manufacturing, 
Importing, Exporting, or Trafficking (Including Possession with Intent 
to Commit These Offenses) to address offenses involving 
misrepresentation or marketing of a controlled substance as another 
substance; (B) section 3D1.2 (Grouping of Closely Related Counts) to 
address

[[Page 67757]]

the interaction between section 2G1.3 (Promoting a Commercial Sex Act 
or Prohibited Sexual Conduct with a Minor; Transportation of Minors to 
Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to 
Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; 
Sex Trafficking of Children; Use of Interstate Facilities to Transport 
Information about a Minor) and section 3D1.2(d); and (C) section 5F1.7 
(Shock Incarceration Program (Policy Statement)) to reflect that the 
Bureau of Prisons no longer operates a shock incarceration program.
    Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and 
Procedure 5.2.

Carlton W. Reeves,
Chair.
[FR Doc. 2022-24546 Filed 11-8-22; 8:45 am]
BILLING CODE 2210-40-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.