12 2 STA T .4 2 98PUBLIC LA W 11 0– 40 7—O CT. 1 3, 2008 (b)CLERICA L AM E ND MEN T.—Thec h apt e r a n a lysi s fo r chapter 1 11 of title 1 8,U nite dS tates Code, is a m ended by insertin g after the item relating to section 2 28 4 the follo w ing
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‘ 2 2 85.Operation o fsubm ersib l e v essel or semi - submersible vessel w it h out nation- alit y’ ’. SEC.103 .SE NT ENC I N G G U I D E L INES. (a) I N G ENERAL.— Pu rsuant to its authority under section 9 94(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate sen - tencing guidelines (including policy statements) or amend e x isting sentencing guidelines (including policy statements) to pro v ide ade- q uate penalties for persons convicted of k nowingly operating by any means or embarking in any submersible vessel or semi- submersible vessel in violation of section 228 5 of title 18, United States Code. (b) R E QU IREMENT S .—In carrying out this section, the United States Sentencing Commission shall— (1) ensure that the sentencing guidelines and policy state- ments reflect the serious nature of the offense described in section 2285 of title 18, United States Code, and the need for deterrence to prevent such offenses
(2) account for any aggravating or mitigating circumstances that might j ustify exceptions, including— (A) the use of a submersible vessel or semi-submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies; ( B ) the repeated use of a submersible vessel or semi- submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies, including whether such use is part of an ongoing criminal organi z a- tion or enterprise; (C) whether the use of such a vessel involves a pattern of continued and flagrant violations of section 2285 of title 18, United States Code; ( D ) whether the persons operating or embarking in a submersible vessel or semi-submersible vessel willfully caused, attempted to cause, or permitted the destruction or damage of such vessel or failed to heave to when directed by law enforcement officers; and ( E ) circumstances for which the sentencing guidelines (and policy statements) provide sentencing enhancements; ( 3 ) ensure reasonable consistency with other relevant direc- tives, other sentencing guidelines and policy statements, and statutory provisions; (4) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (5) ensure that the sentencing guidelines and policy state- ments adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. 28USC9 9 4note.
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