Pub. L. 112–186, § 7, Oct. 5, 2012, 126 Stat. 1430, provided:
Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 670 of title 18, United States Code, as added by this Act, section 2118 of title 18, United States Code, or any another section of title 18, United States Code, amended by this Act, to reflect the intent of Congress that penalties for such offenses be sufficient to deter and punish such offenses, and appropriately account for the actual harm to the public from these offenses.
In carrying out this section, the United States Sentencing Commission shall—
(1) consider the extent to which the Federal sentencing guidelines and policy statements appropriately reflect—
(A) the serious nature of such offenses;
(B) the incidence of such offenses; and
(C) the need for an effective deterrent and appropriate punishment to prevent such offenses;
(2) consider establishing a minimum offense level under the Federal sentencing guidelines and policy statements for offenses covered by this Act;
(3) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;
(4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements;
(5) make any necessary conforming changes to the Federal sentencing guidelines and policy statements; and
(6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.”
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