```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Referred in House (RFH)]

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.

    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.

            Passed the Senate March 17, 2010.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.
```