Pub. L. 112–144, title VII, § 717(b), July 9, 2012, 126 Stat. 1076, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense described in section 2320(a)(4) of title 18, United States Code, as amended by subsection (a), in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by the guidelines and policy statements.
In carrying out this subsection, the Commission shall—
(A) ensure that the sentencing guidelines and policy statements reflect the intent of Congress that the guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1) and the need for an effective deterrent and appropriate punishment to prevent such offenses;
(B) consider the extent to which the guidelines may or may not appropriately account for the potential and actual harm to the public resulting from the offense;
(C) assure reasonable consistency with other relevant directives and with other sentencing guidelines;
(D) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;
(E) make any necessary conforming changes to the sentencing guidelines; and
(F) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.”
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