General Information

This compilation contains preliminary unofficial text of a multi-part proposed amendment to the Commission’s Rules of Practice and Procedure and is provided only for the convenience of the user in the preparation of public comment.  Once submitted to the Federal Register, official text of the proposed amendment will appear on the Commission's website and in upcoming edition of the Federal Register.

The Commission is seeking comment on this proposal through October 26, 2026.
 

There are two methods for submitting public comment.

(1) Electronic Submission of Comments.—Comments may be submitted electronically via the Commission’s Public Comment Submission Portal. Follow the online instructions for submitting comments.

(2) Submission of Comments by Mail.—Comments may be submitted by mail to the following address: United States Sentencing Commission, One Columbus Circle, N.E., Suite 2-500, Washington, D.C. 20002-8002, Attention: Public Affairs – Rules of Practice and Procedure.

Summary of Proposed 2026 Amendment to Rules of Practice and Procedure

This proposed amendment revises the Commission’s Rules of Practice and Procedure. The Rules were issued in 1997 “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.” See Rule 1.1 of the Commission’s Rules of Practice and Procedure. The Commission is undertaking a comprehensive review of its Rules to determine whether any amendments are appropriate to further the Commission’s statutory purposes and enhance public engagement with and understanding of the Commission’s work. As part of the review, the Commission is examining current practices and considering possible changes to the Rules regarding: (a) what Commission work is conducted in public; (b) what Commission policymaking materials should be made public; (c) how stakeholder and public involvement is structured, including through rules about ex parte communications; and (d) what analyses supporting agency policymaking are conducted and released publicly.

The Commission is publishing this proposed amendment to inform that review. The proposed amendment contains eight parts (Parts A through H). The Commission is considering whether to promulgate any or all of these parts, as they are not mutually exclusive.

Part A of the proposed amendment would make changes to the introduction (“About the Commission”) of the Rules to closely track the statutory purposes of the Commission set forth in 28 U.S.C. § 991(b).

Part B of the proposed amendment would revise Rule 2.2 (Voting Rules for Action by the Commission) to provide that the decision to make an amendment available for retroactive application shall require the affirmative vote of at least five members at a public meeting. An issue for comment is also provided.

Part C of the proposed amendment would amend Rules 3.1 (Meetings) and 3.4 (Public Hearings) to allow a representative of the Committee on Criminal Law of the Judicial Conference of the United States and a representative of the Federal Public and Community Defenders to participate in meetings and public hearings of the Commission.

Part D of the proposed amendment sets forth three options for revising the provision of Rule 4.3 (Notice and Comment on Proposed Amendments) that addresses ex parte communications. Issues for comment are also provided.

Part E of the Proposed Amendment would amend Rule 5.2 (Notice of Priorities) to make the procedure for setting the Commission’s policymaking agenda every year more participatory and transparent.

Part F of the proposed amendment would amend Rule 5.3 (Information Relevant to the Amendment Process) to require the public disclosure of (1) meeting materials generated for or given to the commissioners in preparation for a public or nonpublic meeting; (2) written minutes of any public or nonpublic meeting held by the Commission; and (3) any document approved for public release by a majority of commissioners. Issues for comment are also provided.

Part G of the proposed amendment would make technical and clerical changes to Rules 3.2 (Public Meetings), 3.3 (Nonpublic Meetings), and 5.4 (Advisory Groups).

Part H of the proposed amendment provides an issue for comment on possible further revisions to the Rules.