I 
113TH CONGRESS 
1ST SESSION H. R. 2369 
To apply reduced sentences for certain cocaine base offenses retroactively 
for certain offenders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2013 
Mr. SCOTT of Virginia introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To apply reduced sentences for certain cocaine base offenses 
retroactively for certain offenders, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Sentencing Clari-
fication Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) The Fair Sentencing Act of 2010 was 
signed into law by President Obama on August 3, 
2010. 
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(2) Most district courts in the United States 
are applying the Fair Sentencing Act to pending 
criminal cases, including United States v. Douglas, 
746 F. Supp. 2d. 220 (D. Me. 2010), ll F. 3d. 
ll, 2011 WL 2120163 (1st Cir. May 31, 2011); 
United States v. Raymond Brown, CR No. 10–135– 
GLL–1 (W.D. Pa. June 16, 2011); and United 
States v. Marlon Jermaine Spencer, CR No. 09– 
400–JW–1 (N.D. Cal. Nov. 30, 2010). 
(3) There are, however, district courts that are 
not applying the Fair Sentencing Act to pending 
cases, including United States v. Derrick Steven 
Clemons, CR No. 08–028–AJS–1 (W.D. of Pa. Nov. 
18, 2010) and United States v. Anthony L. Jackson, 
CR No. 10–178–JRS–1 (E.D. Va. Nov. 19, 2010). 
(4) According to the U.S. Sentencing Commis-
sion’s analysis, 20,905 offenders would receive a re-
duction in their sentences if both the statutory 
changes and guideline changes were made retro-
active, and the average sentence reduction would be 
46 months, representing a savings of over $2.2 bil-
lion at an average incarceration cost of $28,284 per 
year, the latest yearly cost estimate from the Bureau 
of Prisons. 
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(5) The purpose of this Act is to clarify that 
the amendments made by the Fair Sentencing Act 
are to be applied to pending cases and retroactively 
to cases that are no longer pending. 
SEC. 3. CLARIFICATION OF APPLICABILITY WITH REGARD 
TO PENDING CASES. 
With respect to any offense for which the penalties 
were modified by section 2 or 3 of the Fair Sentencing 
Act of 2010 (Public Law 111–220) and which was com-
mitted before the date of enactment of such Act, and not-
withstanding the provisions of section 109 of title 1, 
United States Code— 
(1) in cases in which a sentence has not yet 
been imposed, the court shall impose such sentence 
as if sections 2 and 3 of the Fair Sentencing Act of 
2010 (Public Law 111–220) were in effect on the 
date the offense was committed; and 
(2) in cases in which a sentence has already 
been imposed, if subject to a pending appeal on or 
after August 3, 2010, the Court of Appeals shall re-
mand the case for resentencing consistent with the 
amendments made by sections 2 and 3 of the Fair 
Sentencing Act of 2010 (Public Law 111–220). 
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SEC. 4. COURT MAY REDUCE TERM OF IMPRISONMENT. 
In the case of a defendant who has been convicted 
of a crime committed before August 3, 2010, for which 
a term of imprisonment has been imposed, on motion of 
the defendant or the Director of the Bureau of Prisons, 
or on its own motion, the sentencing court may reduce 
the term of imprisonment for that crime consistent with 
the amendments made by sections 2 and 3 of the Fair 
Sentencing Act of 2010 (Public Law 111–220) if such 
crime is— 
(1) punishable by a term of imprisonment 
under— 
(A) section 404(a) of the Controlled Sub-
stances Act for possession of a substance which 
contains cocaine base (21 U.S.C. 844(a)) (as in 
effect on the date of the commission of the 
crime); 
(B) section 401(b)(1)(A)(iii) of such Act 
(21 U.S.C. 841(b)(1)(A)(iii)) (as in effect on 
the date of the commission of the crime); or 
(C) section 401(b)(1)(B)(iii) of such Act 
(21 U.S.C. 841(b)(1)(B)(iii)) (as in effect on 
the date of the commission of the crime); or 
(2) punishable by a term of imprisonment 
under paragraph (1)(C) or (2)(C) of section 1010(b) 
of the Controlled Substances Import and Export Act 
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(21 U.S.C. 960(b)) (as in effect on the date of the 
commission of the crime). 
Æ 
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