S. 1789 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To restore fairness to Federal cocaine sentencing. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Fair Sentencing Act of 2010’’. 

SEC. 2. COCAINE SENTENCING DISPARITY REDUCTION. 

(a) CSA.—Section 401(b)(1) of the Controlled Substances Act 

(21 U.S.C. 841(b)(1)) is amended— 

(1) in subparagraph (A)(iii), by striking ‘‘50 grams’’ and 

inserting ‘‘280 grams’’; and 

(2) in subparagraph (B)(iii), by striking ‘‘5 grams’’ and 

inserting ‘‘28 grams’’. 

(b) IMPORT AND EXPORT ACT.—Section 1010(b) of the Controlled 

Substances Import and Export Act (21 U.S.C. 960(b)) is amended— 

(1) in paragraph (1)(C), by striking ‘‘50 grams’’ and 

inserting ‘‘280 grams’’; and 

(2) in paragraph (2)(C), by striking ‘‘5 grams’’ and inserting 

‘‘28 grams’’. 

SEC. 3. ELIMINATION OF MANDATORY MINIMUM SENTENCE FOR 

SIMPLE POSSESSION. 

Section 404(a) of the Controlled Substances Act (21 U.S.C. 

844(a)) is amended by striking the sentence beginning ‘‘Notwithstanding the preceding sentence,’’. 

SEC. 4. INCREASED PENALTIES FOR MAJOR DRUG TRAFFICKERS. 

(a) INCREASED PENALTIES FOR MANUFACTURE, DISTRIBUTION, 

DISPENSATION, OR POSSESSION WITH INTENT TO MANUFACTURE, DISTRIBUTE, OR DISPENSE.—Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended— 

(1) in subparagraph (A), by striking ‘‘$4,000,000’’, 

‘‘$10,000,000’’, ‘‘$8,000,000’’, and ‘‘$20,000,000’’ and inserting 

‘‘$10,000,000’’, ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, 

respectively; and 

(2) in subparagraph (B), by striking ‘‘$2,000,000’’, 

‘‘$5,000,000’’, ‘‘$4,000,000’’, and ‘‘$10,000,000’’ and inserting 

‘‘$5,000,000’’, ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, 

respectively. 

(b) INCREASED PENALTIES FOR IMPORTATION AND EXPORTATION.—Section 1010(b) of the Controlled Substances Import and 

Export Act (21 U.S.C. 960(b)) is amended— 
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(1) in paragraph (1), by striking ‘‘$4,000,000’’, 

‘‘$10,000,000’’, ‘‘$8,000,000’’, and ‘‘$20,000,000’’ and inserting 

‘‘$10,000,000’’, ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, 

respectively; and 

(2) in paragraph (2), by striking ‘‘$2,000,000’’, ‘‘$5,000,000’’, 

‘‘$4,000,000’’, and ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, 

‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, respectively. 

SEC. 5. ENHANCEMENTS FOR ACTS OF VIOLENCE DURING THE COURSE 

OF A DRUG TRAFFICKING OFFENSE. 

Pursuant to its authority under section 994 of title 28, United 

States Code, the United States Sentencing Commission shall review 

and amend the Federal sentencing guidelines to ensure that the 

guidelines provide an additional penalty increase of at least 2 

offense levels if the defendant used violence, made a credible threat 

to use violence, or directed the use of violence during a drug 

trafficking offense. 

SEC. 6. INCREASED EMPHASIS ON DEFENDANT’S ROLE AND CERTAIN 

AGGRAVATING FACTORS. 

Pursuant to its authority under section 994 of title 28, United 

States Code, the United States Sentencing Commission shall review 

and amend the Federal sentencing guidelines to ensure an additional increase of at least 2 offense levels if— 

(1) the defendant bribed, or attempted to bribe, a Federal, 

State, or local law enforcement official in connection with a 

drug trafficking offense; 

(2) the defendant maintained an establishment for the 

manufacture or distribution of a controlled substance, as generally described in section 416 of the Controlled Substances 

Act (21 U.S.C. 856); or 

(3)(A) the defendant is an organizer, leader, manager, or 

supervisor of drug trafficking activity subject to an aggravating 

role enhancement under the guidelines; and 

(B) the offense involved 1 or more of the following superaggravating factors: 

(i) The defendant— 

(I) used another person to purchase, sell, transport, 

or store controlled substances; 

(II) used impulse, fear, friendship, affection, or 

some combination thereof to involve such person in 

the offense; and 

(III) such person had a minimum knowledge of 

the illegal enterprise and was to receive little or no 

compensation from the illegal transaction. 

(ii) The defendant— 

(I) knowingly distributed a controlled substance 

to a person under the age of 18 years, a person over 

the age of 64 years, or a pregnant individual; 

(II) knowingly involved a person under the age 

of 18 years, a person over the age of 64 years, or 

a pregnant individual in drug trafficking; 

(III) knowingly distributed a controlled substance 

to an individual who was unusually vulnerable due 

to physical or mental condition, or who was particularly 

susceptible to criminal conduct; or 
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(IV) knowingly involved an individual who was 

unusually vulnerable due to physical or mental condition, or who was particularly susceptible to criminal 

conduct, in the offense. 

(iii) The defendant was involved in the importation 

into the United States of a controlled substance. 

(iv) The defendant engaged in witness intimidation, 

tampered with or destroyed evidence, or otherwise 

obstructed justice in connection with the investigation or 

prosecution of the offense. 

(v) The defendant committed the drug trafficking 

offense as part of a pattern of criminal conduct engaged 

in as a livelihood. 

SEC. 7. INCREASED EMPHASIS ON DEFENDANT’S ROLE AND CERTAIN 

MITIGATING FACTORS. 

Pursuant to its authority under section 994 of title 28, United 

States Code, the United States Sentencing Commission shall review 

and amend the Federal sentencing guidelines and policy statements 

to ensure that— 

(1) if the defendant is subject to a minimal role adjustment 

under the guidelines, the base offense level for the defendant 

based solely on drug quantity shall not exceed level 32; and 

(2) there is an additional reduction of 2 offense levels 

if the defendant— 

(A) otherwise qualifies for a minimal role adjustment 

under the guidelines and had a minimum knowledge of 

the illegal enterprise; 

(B) was to receive no monetary compensation from 

the illegal transaction; and 

(C) was motivated by an intimate or familial relationship or by threats or fear when the defendant was otherwise unlikely to commit such an offense. 

SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING 

COMMISSION. 

The United States Sentencing Commission shall— 

(1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and 

in any event not later than 90 days after the date of enactment 

of this Act, in accordance with the procedure set forth in section 

21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as 

though the authority under that Act had not expired; and 

(2) pursuant to the emergency authority provided under 

paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions 

and applicable law. 

SEC. 9. REPORT ON EFFECTIVENESS OF DRUG COURTS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States 

shall submit to Congress a report analyzing the effectiveness of 

drug court programs receiving funds under the drug court grant 

program under part EE of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3797–u et seq.). 

(b) CONTENTS.—The report submitted under subsection (a) 

shall— 
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(1) assess the efforts of the Department of Justice to collect 

data on the performance of federally funded drug courts; 

(2) address the effect of drug courts on recidivism and 

substance abuse rates; 

(3) address any cost benefits resulting from the use of 

drug courts as alternatives to incarceration; 

(4) assess the response of the Department of Justice to 

previous recommendations made by the Comptroller General 

regarding drug court programs; and 

(5) make recommendations concerning the performance, 

impact, and cost-effectiveness of federally funded drug court 

programs. 

SEC. 10. UNITED STATES SENTENCING COMMISSION REPORT ON 

IMPACT OF CHANGES TO FEDERAL COCAINE SENTENCING 

LAW. 

Not later than 5 years after the date of enactment of this 

Act, the United States Sentencing Commission, pursuant to the 

authority under sections 994 and 995 of title 28, United States 

Code, and the responsibility of the United States Sentencing 

Commission to advise Congress on sentencing policy under section 

995(a)(20) of title 28, United States Code, shall study and submit 

to Congress a report regarding the impact of the changes in Federal 

sentencing law under this Act and the amendments made by this 

Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.