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7. Create an incentive and disincentive structure to encourage performance in accordance with the program, including consistent discipline for employee violations.
8. Respond promptly and appropriately to any offenses and remedy any program deficiencies.
Though these steps are likely to lead to an effective program “[such a program] is more than checking off the items on a list. This concept of ‘due diligence’ is a restless standard, as changing events reflected in the day’s headlines and as creative as the minds of potential wrongdoers.” For instance, the guidelines require an investigation in response to a report of wrongdoing, but they also seem to require more than that. A firm must learn from its mistakes
and take steps to prevent recurrences such as follow-up investigation and program
enhancements. The USSC also mandates consideration of size of the organization , the number and nature of its business risks, and the prior history of the organization; mitigating factors such as self-reporting of violations, cooperation with authorities, acceptance of responsibility; as well as aggravating factors such as its involvement in or tolerance of criminal activity, a violation of a prior order, or its obstruction of justice. These standards are to be judged against applicable industry standards; however, this requires that each firm benchmark against comparable companies.
In a 1997 survey of members of the Ethics Officers Association,47 percent of ethics officers reported that the guidelines were an influential determinant of ethics of their firm's commitment to ethics, and another commission study showed that the guidelines influenced 44.5 percent of these to enhance thief existing compliance programs.

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