Page:United States Statutes at Large Volume 120.djvu/1421

 120 STAT. 1390

PUBLIC LAW 109–295—OCT. 4, 2006

imprisonment that would have otherwise been applicable had the unlawful activity not made use of such a tunnel or passage.’’. (b) CLERICAL AMENDMENT.—The table of sections for chapter 27 of title 18, United States Code, is amended by adding at the end the following: ‘‘Sec. 554. Border tunnels and passages.’’.

28 USC 994 note.

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13:05 Jul 12, 2007

(c) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 18, United States Code, is amended by inserting ‘‘554,’’ before ‘‘1425,’’. (d) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.— (1) IN GENERAL.—Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of offenses described in section 554 of title 18, United States Code, as added by subsection (a). (2) REQUIREMENTS.—In carrying out this subsection, the United States Sentencing Commission shall— (A) ensure that the sentencing guidelines, policy statements, and official commentary reflect the serious nature of the offenses described in section 554 of title 18, United States Code, and the need for aggressive and appropriate law enforcement action to prevent such offenses; (B) provide adequate base offense levels for offenses under such section; (C) account for any aggravating or mitigating circumstances that might justify exceptions, including— (i) the use of a tunnel or passage described in subsection (a) of such section to facilitate other felonies; and (ii) the circumstances for which the sentencing guidelines currently provide applicable sentencing enhancements; (D) ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes; (E) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (F) ensure that the sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. SEC. 552. The Secretary of Homeland Security may not take any action to alter or reduce operations within the Civil Engineering Program of the Coast Guard nationwide, including the civil engineering units, facilities, design and construction centers, the Coast Guard Academy, and the Coast Guard Research and Development Center until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan on changes to the Civil Engineering Program of the Coast Guard: Provided, That the plan shall include a description of the current functions of the Civil Engineering Program and a description of any proposed modifications of such functions and of any proposed modification of personnel and offices, including the rationale for such modification; an assessment of the costs and benefits of such modification; any proposed alternatives to such modification; and

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