Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 316, S. 1789. The PRESIDING OFFICER. The clerk will report the bill by title. The legislative clerk read as follows: A bill (S. 1789) to restore fairness to Federal cocaine sentencing. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on the Judiciary, with an amendment to strike all after the enacting clause and insert in lieu thereof the following: 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.…
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