I 

111TH CONGRESS 

2D SESSION S. 1789 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2010 

Referred to the Committee on the Judiciary, and in addition to the Committee 

on Energy and Commerce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To restore fairness to Federal cocaine sentencing. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fair Sentencing Act 

3 of 2010’’. 

4 SEC. 2. COCAINE SENTENCING DISPARITY REDUCTION. 

5 (a) CSA.—Section 401(b)(1) of the Controlled Sub6 stances Act (21 U.S.C. 841(b)(1)) is amended— 

7 (1) in subparagraph (A)(iii), by striking ‘‘50 

8 grams’’ and inserting ‘‘280 grams’’; and 

9 (2) in subparagraph (B)(iii), by striking ‘‘5 

10 grams’’ and inserting ‘‘28 grams’’. 

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

12 the Controlled Substances Import and Export Act (21 

13 U.S.C. 960(b)) is amended— 

14 (1) in paragraph (1)(C), by striking ‘‘50 

15 grams’’ and inserting ‘‘280 grams’’; and 

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

17 and inserting ‘‘28 grams’’. 

18 SEC. 3. ELIMINATION OF MANDATORY MINIMUM SENTENCE 

19 FOR SIMPLE POSSESSION. 

20 Section 404(a) of the Controlled Substances Act (21 

21 U.S.C. 844(a)) is amended by striking the sentence begin22 ning ‘‘Notwithstanding the preceding sentence,’’. 

23 SEC. 4. INCREASED PENALTIES FOR MAJOR DRUG TRAF24 FICKERS. 

25 (a) INCREASED PENALTIES FOR MANUFACTURE, 

26 DISTRIBUTION, DISPENSATION, OR POSSESSION WITH INVerDate Nov 24 2008 00:27 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1789.RFH S1789

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1 TENT TO MANUFACTURE, DISTRIBUTE, OR DISPENSE.— 

2 Section 401(b)(1) of the Controlled Substances Act (21 

3 U.S.C. 841(b)) is amended— 

4 (1) in subparagraph (A), by striking 

5 ‘‘$4,000,000’’, ‘‘$10,000,000’’, ‘‘$8,000,000’’, and 

6 ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’, 

7 ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, 

8 respectively; and 

9 (2) in subparagraph (B), by striking 

10 ‘‘$2,000,000’’, ‘‘$5,000,000’’, ‘‘$4,000,000’’, and 

11 ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, 

12 ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, 

13 respectively. 

14 (b) INCREASED PENALTIES FOR IMPORTATION AND

15 EXPORTATION.—Section 1010(b) of the Controlled Sub16 stances Import and Export Act (21 U.S.C. 960(b)) is 

17 amended— 

18 (1) in paragraph (1), by striking ‘‘$4,000,000’’, 

19 ‘‘$10,000,000’’, ‘‘$8,000,000’’, and ‘‘$20,000,000’’ 

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

21 ‘‘$20,000,000’’, and ‘‘$75,000,000’’, respectively; 

22 and 

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

24 ‘‘$5,000,000’’, ‘‘$4,000,000’’, and ‘‘$10,000,000’’ 


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1 and inserting ‘‘$5,000,000’’, ‘‘$25,000,000’’, 

2 ‘‘$8,000,000’’, and ‘‘$50,000,000’’, respectively. 

3 SEC. 5. ENHANCEMENTS FOR ACTS OF VIOLENCE DURING 

4 THE COURSE OF A DRUG TRAFFICKING OF5 FENSE. 

6 Pursuant to its authority under section 994 of title 

7 28, United States Code, the United States Sentencing 

8 Commission shall review and amend the Federal sen9 tencing guidelines to ensure that the guidelines provide an 

10 additional penalty increase of at least 2 offense levels if 

11 the defendant used violence, made a credible threat to use 

12 violence, or directed the use of violence during a drug traf13 ficking offense. 

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

15 CERTAIN AGGRAVATING FACTORS. 

16 Pursuant to its authority under section 994 of title 

17 28, United States Code, the United States Sentencing 

18 Commission shall review and amend the Federal sen19 tencing guidelines to ensure an additional increase of at 

20 least 2 offense levels if— 

21 (1) the defendant bribed, or attempted to bribe, 

22 a Federal, State, or local law enforcement official in 

23 connection with a drug trafficking offense; 

24 (2) the defendant maintained an establishment 

25 for the manufacture or distribution of a controlled 


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1 substance, as generally described in section 416 of 

2 the Controlled Substances Act (21 U.S.C. 856); or 

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

4 manager, or supervisor of drug trafficking activity 

5 subject to an aggravating role enhancement under 

6 the guidelines; and 

7 (B) the offense involved 1 or more of the fol8 lowing super-aggravating factors: 

9 (i) The defendant— 

10 (I) used another person to purchase, 

11 sell, transport, or store controlled sub12 stances; 

13 (II) used impulse, fear, friendship, af14 fection, or some combination thereof to in15 volve such person in the offense; and 

16 (III) such person had a minimum 

17 knowledge of the illegal enterprise and was 

18 to receive little or no compensation from 

19 the illegal transaction. 

20 (ii) The defendant— 

21 (I) knowingly distributed a controlled 

22 substance to a person under the age of 18 

23 years, a person over the age of 64 years, 

24 or a pregnant individual; 


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1 (II) knowingly involved a person 

2 under the age of 18 years, a person over 

3 the age of 64 years, or a pregnant indi4 vidual in drug trafficking; 

5 (III) knowingly distributed a con6 trolled substance to an individual who was 

7 unusually vulnerable due to physical or 

8 mental condition, or who was particularly 

9 susceptible to criminal conduct; or 

10 (IV) knowingly involved an individual 

11 who was unusually vulnerable due to phys12 ical or mental condition, or who was par13 ticularly susceptible to criminal conduct, in 

14 the offense. 

15 (iii) The defendant was involved in the im16 portation into the United States of a controlled 

17 substance. 

18 (iv) The defendant engaged in witness in19 timidation, tampered with or destroyed evi20 dence, or otherwise obstructed justice in connec21 tion with the investigation or prosecution of the 

22 offense. 

23 (v) The defendant committed the drug 

24 trafficking offense as part of a pattern of crimi25 nal conduct engaged in as a livelihood. 


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

2 CERTAIN MITIGATING FACTORS. 

3 Pursuant to its authority under section 994 of title 

4 28, United States Code, the United States Sentencing 

5 Commission shall review and amend the Federal sen6 tencing guidelines and policy statements to ensure that— 

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

8 adjustment under the guidelines, the base offense 

9 level for the defendant based solely on drug quantity 

10 shall not exceed level 32; and 

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

12 levels if the defendant— 

13 (A) otherwise qualifies for a minimal role 

14 adjustment under the guidelines and had a min15 imum knowledge of the illegal enterprise; 

16 (B) was to receive no monetary compensa17 tion from the illegal transaction; and 

18 (C) was motivated by an intimate or famil19 ial relationship or by threats or fear when the 

20 defendant was otherwise unlikely to commit 

21 such an offense. 

22 SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SEN23 TENCING COMMISSION. 

24 The United States Sentencing Commission shall— 

25 (1) promulgate the guidelines, policy state26 ments, or amendments provided for in this Act as 


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1 soon as practicable, and in any event not later than 

2 90 days after the date of enactment of this Act, in 

3 accordance with the procedure set forth in section 

4 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 

5 note), as though the authority under that Act had 

6 not expired; and 

7 (2) pursuant to the emergency authority pro8 vided under paragraph (1), make such conforming 

9 amendments to the Federal sentencing guidelines as 

10 the Commission determines necessary to achieve 

11 consistency with other guideline provisions and ap12 plicable law. 

13 SEC. 9. REPORT ON EFFECTIVENESS OF DRUG COURTS. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this Act, the Comptroller General 

16 of the United States shall submit to Congress a report 

17 analyzing the effectiveness of drug court programs receiv18 ing funds under the drug court grant program under part 

19 EE of title I of the Omnibus Crime Control and Safe 

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

21 (b) CONTENTS.—The report submitted under sub22 section (a) shall— 

23 (1) assess the efforts of the Department of Jus24 tice to collect data on the performance of federally 

25 funded drug courts; 


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1 (2) address the effect of drug courts on recidi2 vism and substance abuse rates; 

3 (3) address any cost benefits resulting from the 

4 use of drug courts as alternatives to incarceration; 

5 (4) assess the response of the Department of 

6 Justice to previous recommendations made by the 

7 Comptroller General regarding drug court programs; 

8 and 

9 (5) make recommendations concerning the per10 formance, impact, and cost-effectiveness of federally 

11 funded drug court programs. 

12 SEC. 10. UNITED STATES SENTENCING COMMISSION RE13 PORT ON IMPACT OF CHANGES TO FEDERAL 

14 COCAINE SENTENCING LAW. 

15 Not later than 5 years after the date of enactment 

16 of this Act, the United States Sentencing Commission, 

17 pursuant to the authority under sections 994 and 995 of 

18 title 28, United States Code, and the responsibility of the 

19 United States Sentencing Commission to advise Congress 

20 on sentencing policy under section 995(a)(20) of title 28, 

21 United States Code, shall study and submit to Congress 

22 a report regarding the impact of the changes in Federal 


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1 sentencing law under this Act and the amendments made 

2 by this Act. 

Passed the Senate March 17, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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