Pub. L. 109–295, § 551(d), Oct. 4, 2006, 120 Stat. 1390, provided:
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).
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.”
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