PENALTIES FOR IMPORTATION BY AIRCRAFT AND OTHER VESSELS.

SEC. 6453. PENALTIES FOR IMPORTATION BY AIRCRAFT AND OTHER VESSELS. (a) In General.—Pursuant to its authority under section 994(p) of title 28, United States Code, and section 21 of the Sentencing Act of 1987, the United States Sentencing Commission shall promulgate guidelines, or shall amend existing guidelines, to provide that a defendant convicted of violating section 1010(a) of the Controlled 102 STAT. 4372 Substances Import and Export Act (21 U.S.C. 960(a)) under circumstances in which— (1) an aircraft other than a regularly scheduled commercial air carrier was used to import the controlled substance; or (2) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance, shall be assigned an offense level under chapter 2 of the sentencing guidelines that is— (A) two levels greater than the level that would have been assigned had the offense not been committed under circumstances set forth in (A) or (B) above; and (B) in no event less than level 26. (b) Effect of Amendment.—If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result.