I 
111TH CONGRESS 
2D SESSION 
H. R. 6548 
To apply reduced sentences for certain cocaine base offenses retroactively 
for certain offenders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 17, 2010 
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 2010’’. 
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) Some district courts in the United States 
are applying the Fair Sentencing Act to pending 
criminal cases, including United States v. Douglas, 
ll F. Supp. 2d ll, 2010 WL 4260221 (D. Me. 
Oct. 27, 2010); United States v. Denton Michael 
Gillam, CR No. 10–181–JTN–2 (W.D. Mich. Dec. 
3, 2010); 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) 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 certain cases that are no longer pending. 
SEC. 3. CLARIFICATION OF RETROACTIVITY WITH REGARD 
TO CERTAIN OFFENSES. 
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) but which was com-
mitted before the date of enactment of such Act, and not-
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withstanding the provisions of section 109 of title 1, 
United States Code, a court which has not yet imposed 
a sentence for the offense shall impose such sentence as 
if sections 2 and 3 of Public Law 111–220 were in effect 
at the time the offense was committed. 
SEC. 4. COURT MAY REDUCE TERM OF IMPRISONMENT IM-
POSED FOR CERTAIN OFFENSES. 
In the case of a defendant who has been convicted 
of a crime commited before August 3, 2010, and punish-
able by a term of imprisonment under section 404(a) of 
the Controlled Substances Act for possession of a sub-
stance which contains cocaine base, under section 
401(b)(1)(A)(iii) 
of 
such 
Act, 
under 
section 
401(b)(1)(B)(iii) of such Act, under section 1010(b)(1)(C) 
of such Act, or under section 1010(b)(2)(C) of such Act 
(21 U.S.C. 844(a), 841(b)(1)(A)(iii), 841(b)(1)(B)(iii), 
960(b)(1)(C), or 960(b)(2)(C)), on motion of the defend-
ant or the Director of the Bureau of Prisons, or on its 
own motion, the sentencing court may reduce the term of 
imprisonment consistent with the amendments made by 
sections 2 and 3 of the Fair Sentencing Act of 2010 (Pub-
lic Law 111–220). 
Æ 
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