60536 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 

human behavior as it relates to the 

criminal justice process.’’ See 28 U.S.C. 

991(b). The Commission determined 

that the policy reasons underlying the 

prospective application of the 

amendment apply with equal force to 

individuals who are already sentenced. 

In relation to Part A, the Commission 

determined that accounting for status on 

a more limited basis continues to serve 

the broader purposes of sentencing 

while also addressing other concerns 

raised regarding the impact of status 

points. The Commission also 

determined that the changes made by 

Part A reflect updated research 

suggesting that status points’ ability to 

predict future recidivism—a core 

justification for their use—may be less 

than the original Commission may have 

expected. 

In implementing Part B, Subpart 1, 

the Commission sought, in part, to 

fulfill one of its core congressional 

directives to ensure that ‘‘the guidelines 

reflect the general appropriateness of 

imposing a sentence other than 

imprisonment in cases in which the 

defendant is a first offender who has not 

been convicted of a crime of violence or 

an otherwise serious offense.’’ See 28 

U.S.C. 994(j). The Commission further 

determined that the changes made by 

Part B, Subpart 1 reflect its statutory 

mission to provide for penalties that are 

‘‘sufficient, but not greater than 

necessary’’ by recognizing that 

individuals with zero criminal history 

points have considerably lower 

recidivism rates than other sentenced 

individuals, as well as the fact that 

courts generally depart and vary more 

often in cases involving individuals 

with zero criminal history points as 

compared with other individuals. 

(2) The Commission determined that 

the changes in Parts A and B, Subpart 

1 of Amendment 821 would 

meaningfully impact the sentence of 

many currently incarcerated 

individuals. The Commission estimates 

that 11,495 currently incarcerated 

individuals would have a lower 

guideline range as the result of 

retroactive application of Part B, 

Subpart 1 of Amendment 821, with an 

average sentence reduction of 14 

months (or 11.7%). The Commission 

further estimates that 7,272 currently 

incarcerated individuals would have a 

lower guideline range as the result of 

retroactive application of Part A of 

Amendment 821, with an average 

sentence reduction of 15 months (or 

17.6%). 

(3) The Commission determined that 

applying Part A of Amendment 821 

retroactively, requiring the recalculation 

of criminal history points and making 

the determination as to whether the 

individual would fall within a lower 

criminal history category, presents 

minimal difficulty. While recognizing 

that consideration of the exclusionary 

criteria in Part B, Subpart 1 of 

Amendment 821 could result in an 

increased administrative burden, the 

Commission concluded that any such 

burden is manageable. 

The Commission concludes that 

consideration of these factors supports a 

policy determination that a reduced 

guideline range is sufficient to achieve 

the purposes of sentencing and that, in 

the sound discretion of the court, a 

reduction in the term of imprisonment 

may be appropriate for previously 

sentenced, qualified defendants. In 

making this determination, the 

Commission remains cognizant of the 

fact that public safety will be considered 

in every case because § 1B1.10 requires 

the court, in determining whether and 

to what extent a reduction in the term 

of imprisonment is warranted, to 

consider the nature and seriousness of 

the danger to any person or the 

community that may be posed by such 

a reduction. See § 1B1.10, comment. 

(n.1(B)(ii)). 

At the same time, the Commission 

also determined that the agencies of the 

federal criminal justice system 

responsible for reentry into society need 

time to prepare, and to help the released 

individuals prepare, for that reentry. 

The Commission concluded that a threemonth delay in the effective date of any 

orders granting sentence reductions 

under Amendment 821 is needed (1) to 

give courts adequate time to obtain and 

review the information necessary to 

make an individualized determination 

in each case of whether a sentence 

reduction is appropriate, (2) to ensure 

that, to the extent practicable, all 

individuals who are to be released have 

the opportunity to participate in reentry 

programs and transitional services, such 

as placement in halfway houses, while 

still in the custody of the Bureau of 

Prisons, which increases their 

likelihood of successful reentry to 

society and thereby promotes public 

safety, and (3) to permit those agencies 

that will be responsible for individuals 

after their release to prepare for the 

increased responsibility. 

Therefore, the Commission added a 

Special Instruction at subsection (e) 

providing that a reduced term of 

imprisonment based on retroactive 

application of Amendment 821 shall not 

be ordered unless the effective date of 

the court’s order is February 1, 2024, or 

later. An application note clarifies that 

this special instruction does not 

preclude the court from conducting 

sentence reduction proceedings before 

February 1, 2024, as long as any order 

reducing the term of imprisonment has 

an effective date of February 1, 2024, or 

later. 

[FR Doc. 2023–18977 Filed 8–31–23; 8:45 am] 

BILLING CODE 2210–40–P 

UNITED STATES SENTENCING 

COMMISSION 

Final Priorities for Amendment Cycle 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of final priorities. 

SUMMARY: In June 2023, the Commission 

published a notice of proposed policy 

priorities for the amendment cycle 

ending May 1, 2024. 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) 502–4597. 

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 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). 

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, 2024. While continuing 

to address legislation or other matters 

requiring more immediate action, the 

Commission has decided to limit its 

consideration of specific guideline 

amendments for this amendment cycle. 

Instead, in light of the 40th anniversary 

of the Sentencing Reform Act, the 

Commission anticipates focusing on a 

number of projects examining the 

degree to which current sentencing, 

penal, and correctional practices are 

effective in meeting the purposes of 

sentencing as set forth in the Sentencing 

Reform Act. See 28 U.S.C. 991(b)(2). The 

Commission expects to continue work 

on many of these priorities beyond the 


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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 60537 

upcoming amendment cycle. The 

Commission previously published a 

notice of proposed policy priorities for 

the amendment cycle ending May 1, 

2024. See 88 FR 39907 (June 20, 2023). 

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, 2024: 

(1) Assessing the degree to which 

certain practices of the Bureau of 

Prisons are effective in meeting the 

purposes of sentencing as set forth in 18 

U.S.C. 3553(a)(2) and considering any 

appropriate responses including 

possible consideration of 

recommendations or amendments. 

(2) Compilation and dissemination of 

information on court-sponsored 

programs relating to diversion, 

alternatives-to-incarceration, and 

reentry (e.g., Pretrial Opportunity 

Program, Conviction And Sentence 

Alternatives (CASA) Program, Special 

Options Services (SOS) Program, 

Supervision to Aid Re-entry (STAR) 

Program) through the Commission’s 

website and possible workshops and 

seminars sharing best practices for 

developing, implementing, and 

assessing such programs. 

(3) Examination of the Guidelines 

Manual, including exploration of ways 

to simplify the guidelines and possible 

consideration of amendments that might 

be appropriate. 

(4) Continuation of its multiyear study 

of the Guidelines Manual to address 

case law concerning the validity and 

enforceability of guideline commentary, 

and possible consideration of 

amendments that might be appropriate. 

(5) Continued examination of the 

career offender guidelines, including (A) 

updating the data analyses and statutory 

recommendations set forth in the 

Commission’s 2016 report to Congress, 

titled Career Offender Sentencing 

Enhancements; (B) devising and 

conducting workshops to discuss the 

scope and impact of the career offender 

guidelines, including discussion of 

possible alternative approaches to the 

‘‘categorical approach’’ in determining 

whether an offense is a ‘‘crime of 

violence’’ or a ‘‘controlled substance 

offense’’; and (C) possible consideration 

of amendments that might be 

appropriate. 

(6) Examination of the treatment of 

youthful offenders and offenses 

involving youths under the Guidelines 

Manual, including possible 

consideration of amendments that might 

be appropriate. 

(7) Consideration of possible 

amendments to the Guidelines Manual 

to prohibit the use of acquitted conduct 

in applying the guidelines. 

(8) Further examination of federal 

sentencing practices on a variety of 

issues, possibly including: (A) the 

prevalence and nature of drug 

trafficking offenses involving 

methamphetamine; (B) drug trafficking 

offenses resulting in death or serious 

bodily injury; (C) comparison of 

sentences imposed in cases disposed of 

through trial versus plea; (D) 

continuation of the Commission’s 

studies regarding recidivism; and (E) 

other areas of federal sentencing in need 

of additional research. 

(9) Implementation of any legislation 

warranting Commission action. 

(10) 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). 

(11) Consideration of other 

miscellaneous issues coming to the 

Commission’s attention. 

Authority: 28 U.S.C. 994(a), (o); USSC 

Rules of Practice and Procedure 2.2, 5.2. 

Carlton W. Reeves, 

Chair. 

[FR Doc. 2023–18976 Filed 8–31–23; 8:45 am] 

BILLING CODE 2210–40–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–0020] 

Agency Information Collection Activity 

Under OMB Review: Designation of 

Beneficiary Government Life Insurance 

and Supplemental Designation of 

Beneficiary Government Life Insurance 

AGENCY: Veterans Benefits 

Administration, Department of Veterans 

Affairs. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) of 

1995, this notice announces that the 

Veterans Benefits Administration, 

Department of Veterans Affairs, will 

submit the collection of information 

abstracted below to the Office of 

Management and Budget (OMB) for 

review and comment. The PRA 

submission describes the nature of the 

information collection and its expected 

cost and burden and it includes the 

actual data collection instrument. 

DATES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain, select ‘‘Currently under 

Review—Open for Public Comments’’, 

then search the list for the information 

collection by Title or ‘‘OMB Control No. 

2900–0020.’’ 

FOR FURTHER INFORMATION CONTACT: 

Maribel Aponte, Office of Enterprise 

and Integration, Data Governance 

Analytics (008), 810 Vermont Ave. NW, 

Washington, DC 20420, (202) 266–4688 

or email maribel.aponte@va.gov. Please 

refer to ‘‘OMB Control No. 2900–0020’’ 

in any correspondence. 

SUPPLEMENTARY INFORMATION: 

Authority: 44 U.S.C. 3501–21. 

Title: Designation of Beneficiary 

Government Life Insurance VA Form 

29–336 and Supplemental Designation 

of Beneficiary Government Life 

Insurance VA Form 29–336a. 

OMB Control Number: 2900–0020. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: These forms are used by the 

insured to designate beneficiaries and 

select an optional settlement to be used 

when the insurance matures by death. 

The information is required to 

determine the claimant’s eligibility to 

receive the proceeds. The information 

on the form is required by law, 38 

U.S.C. 1917, 1949 and 1952. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The Federal Register 

Notice with a 60-day comment period 

soliciting comments on this collection 

of information was published at 88 FR 

122 on June 27, 2023, page 41721. 

Affected Public: Individuals or 

Households. 

Estimated Annual Burden: 13,917 

hours. 

Estimated Average Burden per 

Respondent: 10 minutes. 

Frequency of Response: On occasion. 

Estimated Number of Respondents: 

83,500. 

By direction of the Secretary: 

Dorothy Glasgow, 

VA PRA Clearance Officer, (Alt.) Office of 

Enterprise and Integration, Data Governance 

Analytics, Department of Veterans Affairs. 

[FR Doc. 2023–18924 Filed 8–31–23; 8:45 am] 

BILLING CODE 8320–01–P 


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