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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Enrolled Bill (ENR)]

        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--
        (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 super-
    aggravating 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
                (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--
        (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.
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