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Public Law111th CongressCrime and Law Enforcement
S. 1789Became Law

Fair Sentencing Act of 2010

This bill became law

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What it doesSummary public law (Aug 3, 2010)

(This measure has not been amended since it was reported to the Senate on March 15, 2010. The summary of that version is repeated here.)

Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.

Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.

Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968.

What just happenedAug 3, 2010

Became Public Law No: 111-220.

Who’s behind it

Sen. Durbin, Richard J. [D-IL](D-IL)Sponsor
23 cosponsors16 D6 R1 I
Read on Congress.gov
23cosponsors3committees28actions1related bills9subjects
  1. Aug 3, 2010PresidentE40000

    Became Public Law No: 111-220.

  2. Aug 3, 2010BecameLaw36000

    Became Public Law No: 111-220.

  3. Aug 3, 2010PresidentE30000

    Signed by President.

  4. Aug 3, 2010BecameLaw36000

    Signed by President.

  5. Jul 29, 2010FloorE20000

    Presented to President.

  6. Jul 29, 2010President28000

    Presented to President.

  7. Jul 28, 2010

    Cleared for White House.

  8. Jul 28, 2010FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  9. Jul 28, 2010FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H6196-6197)

  10. Jul 28, 2010Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H6196-6197)

  11. Jul 28, 2010FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on S. 1789.

  12. Jul 28, 2010FloorH30000

    Considered under suspension of the rules. (consideration: CR H6196-6204)

  13. Jul 28, 2010FloorH30300

    Mr. Scott (VA) moved to suspend the rules and pass the bill.

  14. Jun 15, 2010CommitteeH11000

    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

    Crime and Federal Government Surveillance Subcommittee
  15. Mar 18, 2010IntroReferralH11100

    Referred to House Energy and Commerce

    Energy and Commerce Committee
  16. Mar 18, 2010IntroReferralH11100-A

    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.

  17. Mar 18, 2010IntroReferralH11100

    Referred to House Judiciary

    Judiciary Committee
  18. Mar 18, 2010Floor

    Message on Senate action sent to the House.

  19. Mar 18, 2010FloorH14000

    Received in the House.

  20. Mar 17, 2010Floor

    Passed Senate with an amendment by Unanimous Consent. (consideration: CR S1680-1683; text of amendment in the nature of a substitute: CR S1682)

  21. Mar 17, 2010Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S1680-1683; text of amendment in the nature of a substitute: CR S1682)

  22. Mar 15, 2010Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 316.

  23. Mar 15, 2010Committee

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  24. Mar 15, 2010Committee14000

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  25. Mar 11, 2010Committee

    Committee on the Judiciary. Ordered to be reported with amendments favorably.

    Judiciary Committee
  26. Oct 15, 2009IntroReferral

    Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  27. Oct 15, 2009IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S10490-10492)

  28. Oct 15, 2009IntroReferral10000

    Introduced in Senate

Public LawAug 3, 201049

(This measure has not been amended since it was reported to the Senate on March 15, 2010. The summary of that version is repeated here.)

Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.

Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.

Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968.

Passed House without amendmentJul 28, 201081

(This measure has not been amended since it was reported to the Senate on March 15, 2010. The summary of that version is repeated here.)

Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.

Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.

Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968.

Passed Senate amendedMar 17, 201035

(This measure has not been amended since it was reported to the Senate on March 15, 2010. The summary of that version is repeated here.)

Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.

Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.

Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968.

Reported to Senate with amendment(s)Mar 15, 201001

Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.

Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.

Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968.

Introduced in SenateOct 15, 200900

Fair Sentencing Act of 2009 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for crack cocaine trafficking to eliminate the sentencing disparity between crack and powder cocaine; (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.

Directs the U.S. Sentencing Commission to review and amend, if appropriate, its sentencing guidelines for trafficking in a controlled substance to reflect the use of a dangerous weapon or violence in such crime and the culpability and the role of the defendant in such crime, taking into account certain aggravating and mitigating factors.

Directs the Comptroller General to report on the effectiveness of drug court programs funded by the Department of Justice (DOJ) Office of Justice Programs.