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Fair Sentencing Act of 2010

Public Law 111-220 · S. 1789 · 111th Congress · began in the Senate

Signed by Barack Obama (D) on Aug 3, 2010 · Crime and Law Enforcement

Sponsor: Sen. Richard Durbin (D-IL)

Cosponsors (23): Sen. Patrick Leahy,

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • H.R. 265Related bill

    Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 22 actions.

  1. Aug 3, 2010Became lawBecame law · Became Public Law No: 111-220.
  2. Became lawBecame law · Signed by President.
  3. Jul 29, 2010FloorFloor · Presented to President.
  4. Jul 28, 2010FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
  6. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 1789.
  7. FloorFloor · Considered under suspension of the rules.
  8. FloorFloor · Mr. Scott (VA) moved to suspend the rules and pass the bill.
  9. OtherOther · Cleared for White House.
  10. Jun 15, 2010CommitteeCommittee · Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  11. Mar 18, 2010FloorFloor · Message on Senate action sent to the House.
  12. FloorFloor · Received in the House.
  13. CommitteeCommittee · Referred to House Energy and Commerce
  14. CommitteeCommittee · 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.
  15. CommitteeCommittee · Referred to House Judiciary
  16. Mar 17, 2010FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  17. Mar 15, 2010CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 316.
  18. CommitteeCommittee · Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
  19. Mar 11, 2010CommitteeCommittee · Committee on the Judiciary. Ordered to be reported with amendments favorably.
  20. Oct 15, 2009CommitteeCommittee · Read twice and referred to the Committee on the Judiciary.
  21. CommitteeCommittee · Sponsor introductory remarks on measure. (CR S10490-10492)
  22. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

No amendments to this bill are on record.

Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.