80 FR 36594 - Proposed Priorities for Amendment Cycle
UNITED STATES SENTENCING COMMISSION Federal Register Volume 80, Issue 122 (June 25, 2015)
Federal Register Volume 80, Issue 122 (June 25, 2015)
| Page Range | 36594-36595 | |
| FR Document | 2015-15622 |
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)] [Notices] [Pages 36594-36595] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15622] ======================================================================= ----------------------------------------------------------------------- UNITED STATES SENTENCING COMMISSION Proposed Priorities for Amendment Cycle AGENCY: United States Sentencing Commission. ACTION: Notice; Request for public comment. ----------------------------------------------------------------------- SUMMARY: As part of its statutory authority and responsibility to analyze sentencing issues, including operation of the federal sentencing guidelines, and in accordance with Rule 5.2 of its Rules of Practice and Procedure, the United States Sentencing Commission is seeking comment on possible priority policy issues for the amendment cycle ending May 1, 2016. DATES: Public comment should be received on or before July 27, 2015. ADDRESSES: Comments should be sent 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--Priorities Comment. FOR FURTHER INFORMATION CONTACT: Jeanne Doherty, Public Affairs Officer, 202-502-4502, jdoherty@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 extent it is relevant to any identified priority. The Commission provides this notice to identify tentative priorities for the amendment cycle ending May 1, 2016. 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, 2016. Accordingly, it may be necessary to continue work on any or all of these issues beyond the amendment cycle ending on May 1, 2016. As so prefaced, the Commission has identified the following tentative 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, (B) appropriately account for the defendant's role, culpability, and relevant conduct, and (C) encourage the use of alternatives to incarceration. (3) 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. (4) Implementation of the directive to the Commission in section 10 of the Fair Sentencing Act of 2010, Public Law 111-220 (enacted August 3, 2010) (requiring the Commission, not later than 5 years after enactment, to ``study and submit to Congress a report regarding the impact of the changes in Federal sentencing law under this Act and the amendments made by this Act''). (5) Continuation of its study of the guidelines applicable to immigration offenses and related criminal history rules, and consideration of any amendments to such guidelines that may be appropriate in light of the information obtained from such study. (6) 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 (C) consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study. (7) Continuation of its multi-year review of federal sentencing practices pertaining to imposition and violations of conditions of probation and supervised release, including possible consideration of amending the relevant provisions in Chapters Five and Seven of the Guidelines Manual. (8) Continuation of its work with Congress and other interested parties on child pornography offenses to implement the recommendations set forth in the Commission's December 2012 report to Congress, titled Federal Child Pornography Offenses. (9) Implementation of the USA FREEDOM Act of 2015, Public Law 114- 23, and any other crime legislation enacted during the 114th Congress warranting a Commission response. (10) Study of animal fighting offenses and consideration of any amendments to the Guidelines Manual that may be appropriate. (11) Resolution of circuit conflicts, pursuant to the Commission's continuing authority and responsibility, [[Page 36595]] 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. (12) Consideration of any miscellaneous guideline application issues coming to the Commission's attention from case law and other sources. The Commission hereby gives notice that it is seeking comment on these tentative priorities and on any other issues that interested persons believe the Commission should address during the amendment cycle ending May 1, 2016. To the extent practicable, public comment should include the following: (1) A statement of the issue, including, where appropriate, the scope and manner of study, particular problem areas and possible solutions, and any other matters relevant to a proposed priority; (2) citations to applicable sentencing guidelines, statutes, case law, and constitutional provisions; and (3) a direct and concise statement of why the Commission should make the issue a priority. Authority: 28 U.S.C. 994(a), (o); USSC Rules of Practice and Procedure 5.2. Patti B. Saris, Chair. [FR Doc. 2015-15622 Filed 6-24-15; 8:45 am] BILLING CODE 2210-40-P
![36594 Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices
on June 1, 2015 and in other documents Commission also periodically reviews trafficking offense,’’ and ‘‘felony drug
in the FHWA project records. The CE and revises previously promulgated offense’’) and the impact of such
and other project records are available guidelines pursuant to 28 U.S.C. 994(o) definitions on the relevant statutory and
by contacting Caltrans at the addresses and submits guideline amendments to guideline provisions (e.g., career
provided above. This notice applies to the Congress not later than the first day offender, illegal reentry, and armed
all Federal agency decisions as of the of May each year pursuant to 28 U.S.C. career criminal), possibly including
issuance date of this notice and all laws 994(p). recommendations to Congress on any
under which such actions were taken. Pursuant to 28 U.S.C. 994(g), the statutory changes that may be
Commission intends to consider the appropriate and development of
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning issue of reducing costs of incarceration guideline amendments that may be
and Construction. The regulations and overcapacity of prisons, to the appropriate.
implementing Executive Order 12372 extent it is relevant to any identified (4) Implementation of the directive to
regarding intergovernmental consultation on priority. the Commission in section 10 of the Fair
Federal programs and activities apply to this The Commission provides this notice Sentencing Act of 2010, Public Law
program.) to identify tentative priorities for the 111–220 (enacted August 3, 2010)
Authority: 23 U.S.C. 139(l)(1). amendment cycle ending May 1, 2016. (requiring the Commission, not later
The Commission recognizes, however, than 5 years after enactment, to ‘‘study
Issued on: June 18, 2015. that other factors, such as the enactment and submit to Congress a report
Gary Sweeten, of any legislation requiring Commission regarding the impact of the changes in
Team Leader North, Project Delivery, Federal action, may affect the Commission’s Federal sentencing law under this Act
Highway Administration, Sacramento, ability to complete work on any or all and the amendments made by this
California. of its identified priorities by the Act’’).
[FR Doc. 2015–15613 Filed 6–24–15; 8:45 am] statutory deadline of May 1, 2016. (5) Continuation of its study of the
BILLING CODE 4910–22–P Accordingly, it may be necessary to guidelines applicable to immigration
continue work on any or all of these offenses and related criminal history
issues beyond the amendment cycle rules, and consideration of any
UNITED STATES SENTENCING ending on May 1, 2016. amendments to such guidelines that
COMMISSION As so prefaced, the Commission has may be appropriate in light of the
identified the following tentative information obtained from such study.
Proposed Priorities for Amendment priorities: (6) Continuation of its comprehensive,
Cycle (1) Continuation of its work with multi-year study of recidivism,
Congress and other interested parties on including (A) examination of
AGENCY: United States Sentencing
statutory mandatory minimum penalties circumstances that correlate with
Commission.
to implement the recommendations set increased or reduced recidivism; (B)
ACTION: Notice; Request for public forth in the Commission’s 2011 report to
comment. possible development of
Congress, titled Mandatory Minimum recommendations for using information
SUMMARY: As part of its statutory Penalties in the Federal Criminal Justice obtained from such study to reduce
authority and responsibility to analyze System, including its recommendations costs of incarceration and overcapacity
sentencing issues, including operation regarding the severity and scope of of prisons; and (C) consideration of any
of the federal sentencing guidelines, and mandatory minimum penalties, amendments to the Guidelines Manual
in accordance with Rule 5.2 of its Rules consideration of expanding the ‘‘safety that may be appropriate in light of the
of Practice and Procedure, the United valve’’ at 18 U.S.C. 3553(f), and information obtained from such study.
States Sentencing Commission is elimination of the mandatory ‘‘stacking’’ (7) Continuation of its multi-year
seeking comment on possible priority of penalties under 18 U.S.C. 924(c), and review of federal sentencing practices
policy issues for the amendment cycle to develop appropriate guideline pertaining to imposition and violations
ending May 1, 2016. amendments in response to any related of conditions of probation and
legislation. supervised release, including possible
DATES: Public comment should be
(2) Continuation of its multi-year consideration of amending the relevant
received on or before July 27, 2015.
examination of the overall structure of provisions in Chapters Five and Seven
ADDRESSES: Comments should be sent to the guidelines post-Booker, possibly
the Commission by electronic mail or of the Guidelines Manual.
including recommendations to Congress (8) Continuation of its work with
regular mail. The email address is on any statutory changes and Congress and other interested parties on
pubaffairs@ussc.gov. The regular mail development of any guideline child pornography offenses to
address is United States Sentencing amendments that may be appropriate. implement the recommendations set
Commission, One Columbus Circle NE., As part of this examination, the forth in the Commission’s December
Suite 2–500, South Lobby, Washington, Commission intends to study possible 2012 report to Congress, titled Federal
DC 20002–8002, Attention: Public approaches to (A) simplify the operation Child Pornography Offenses.
Affairs—Priorities Comment. of the guidelines, promote (9) Implementation of the USA
FOR FURTHER INFORMATION CONTACT: proportionality, and reduce sentencing FREEDOM Act of 2015, Public Law
Jeanne Doherty, Public Affairs Officer, disparities, (B) appropriately account for 114–23, and any other crime legislation
202–502–4502, jdoherty@ussc.gov. the defendant’s role, culpability, and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
enacted during the 114th Congress
SUPPLEMENTARY INFORMATION: The relevant conduct, and (C) encourage the warranting a Commission response.
United States Sentencing Commission is use of alternatives to incarceration. (10) Study of animal fighting offenses
an independent agency in the judicial (3) Continuation of its multi-year and consideration of any amendments
branch of the United States study of statutory and guideline to the Guidelines Manual that may be
Government. The Commission definitions relating to the nature of a appropriate.
promulgates sentencing guidelines and defendant’s prior conviction (e.g., (11) Resolution of circuit conflicts,
policy statements for federal sentencing ‘‘crime of violence,’’ ‘‘aggravated pursuant to the Commission’s
courts pursuant to 28 U.S.C. 994(a). The felony,’’ ‘‘violent felony,’’ ‘‘drug continuing authority and responsibility,
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![Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Notices 36595
under 28 U.S.C. 991(b)(1)(B) and no later than July 27, 2015. If no public document and authorized the undersigned to
Braxton v. United States, 500 U.S. 344 comment is received, the new system sign and submit the document to the Office
(1991), to resolve conflicting will become effective July 27, 2015. of the Federal Register for publication
interpretations of the guidelines by the electronically as an official document of the
ADDRESSES: Written comments
Department of Veterans Affairs. Robert L.
federal courts. concerning the proposed amended Nabors, II, Chief of Staff, approved this
(12) Consideration of any system of records may be submitted by: document on May 27, 2015, for publication.
miscellaneous guideline application mail or hand-delivery to Director,
issues coming to the Commission’s Dated: June 1, 2015.
Regulations Management (02REG),
attention from case law and other Department of Veterans Affairs, 810 Kathleen M. Manwell,
sources. Vermont Avenue NW., Room 1068, VA Privacy Service, Office of Privacy and
The Commission hereby gives notice Washington, DC 20420; fax to (202) Records Management, Department of
Veterans Affairs.
that it is seeking comment on these 273–9026; or email to http://
tentative priorities and on any other www.Regulations.gov. All comments 77VA10A4
issues that interested persons believe received will be available for public
the Commission should address during inspection in the Office of Regulation SYSTEM NAME:
the amendment cycle ending May 1, Policy and Management, Room 1063B, Health Care Provider Credentialing
2016. To the extent practicable, public between the hours of 8:00 a.m. and 4:30 and Privileging Records—VA.
comment should include the following: p.m., Monday through Friday (except
SYSTEM LOCATION:
(1) A statement of the issue, including, holidays). Please call (202) 461–4902
where appropriate, the scope and (this is not a toll-free number) for an Records are maintained at each
manner of study, particular problem appointment. Department of Veterans Affairs (VA)
areas and possible solutions, and any health care facility. Address locations
FOR FURTHER INFORMATION CONTACT: for VA facilities are listed in VA
other matters relevant to a proposed Veterans Health Administration (VHA)
priority; (2) citations to applicable Appendix 1 biennial publication of VA
Privacy Act Officer, Department of system of records. In addition,
sentencing guidelines, statutes, case Veterans Affairs, 810 Vermont Ave.
law, and constitutional provisions; and information from these records or copies
NW., Washington, DC 20420, (704) 245– of records may be maintained at the
(3) a direct and concise statement of 2492.
why the Commission should make the Department of Veterans Affairs, 810
SUPPLEMENTARY INFORMATION: The Vermont Avenue NW., Washington, DC
issue a priority. system number is changed from 20420 and/or Veterans Integrated
Authority: 28 U.S.C. 994(a), (o); USSC 77VA10Q to 77VA10A4 to reflect the Service Network (VISN) Offices.
Rules of Practice and Procedure 5.2. current Organizational alignment. The Records for those health care providers
Patti B. Saris, System Location section is being who are contractors in a VA health care
amended to include the name change to facility, or to VA for the delivery of
Chair.
the office maintaining the electronic health care to veterans and are
[FR Doc. 2015–15622 Filed 6–24–15; 8:45 am]
records to the VHA Office of Quality, credentialed by the contractor in
BILLING CODE 2210–40–P
Safety and Value (OQSV). accordance with Veterans Health
The Categories of Individuals Covered Administration (VHA) policy, where
by the System is being amended to add credentialing information is received by
DEPARTMENT OF VETERANS registered kinesiotherapists.
AFFAIRS VHA facilities, it will be maintained in
Routine use 6 is amended to allow the
accordance with this notice and VHA
disclosure of information to academic
Privacy Act of 1974; System of policy. Electronic copies of records may
affiliates. Routine use 17 and 18 are
Records be maintained by VHA Office of
being amended to remove the
Quality, Safety and Value (OQSV), a
AGENCY: Department of Veterans Affairs Healthcare Integrity and Protection Data
component thereof, or a contractor or
(VA). Bank (HIPD). Routine use 24 was added
subcontractor of VHA/OQSVOQP. Back-
ACTION: Notice of amendment to system in response to the Veterans Access,
up copies of the electronic data
of records. Choice, and Accountability Act of 2014
warehouse are maintained at off-site
which requires VA to make publicly
locations.
SUMMARY: The Privacy Act of 1974 (5 available on and through VA home
U.S.C. 552(e)(4)) requires that all pages physician information to include CATEGORIES OF INDIVIDUALS COVERED BY THE
agencies publish in the Federal Register the name of the facility at which each SYSTEM:
a notice of the existence and character physician underwent residency training The records include information
of their systems of records. The in addition to the health care provider’s concerning health care providers
Department of Veterans Affairs (VA) is name, gender, name of professional currently or formerly employed or
amending the system of records, known school, State of licensure, and board otherwise utilized by VHA and
as ‘‘Health Care Provider Credentialing certification. individuals who apply to VHA for
and Privileging Records-VA’’ The Report of Intent to Amend a employment and are considered for
(77VA10Q) as set forth in the Federal System of Records Notice and an employment or appointment as health
Register 73 FR 16097 dated 3/26/08. VA advance copy of the system notice have care providers. These records will
is amending the system notice by been sent to the appropriate include information concerning
asabaliauskas on DSK5VPTVN1PROD with NOTICES
revising the paragraphs on System Congressional committees and to the individuals who through a contractual
Number, System Location, Categories of Director of the Office of Management or other agreement may be, or are,
Individuals Covered by the System, and and Budget (OMB) as required by 5 providing health care to VA patients.
Routine Uses of Records Maintained in U.S.C. 552a(r) (Privacy Act) and This may include, but is not limited
the System. VA is republishing the guidelines issued by OMB (65 FR to, audiologists, dentists, dietitians,
system notice in its entirety at this time. 77677), December 12, 2000. expanded-function dental auxiliaries,
DATES: Comments on the amendment of Signing Authority: The Secretary of licensed practical or vocational nurses,
this system of records must be received Veterans Affairs, or designee, approved this nuclear medicine technologists, nurse
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Document Created: 2015-12-15 14:17:11
Document Modified: 2015-12-15 14:17:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; Request for public comment. | |
| Dates | Public comment should be received on or before July 27, 2015. | |
| Contact | Jeanne Doherty, Public Affairs Officer, 202-502-4502, [email protected] | |
| FR Citation | 80 FR 36594 |
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