,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bcfi  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ac1 #bjac ,mr4
 ,scott of ,virginia introduced the     
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to apply reduced sentences for 
certain cocaine base offenses           
retroactively for certain offenders1 and
 for other purposes4  #a4 ,short title  
,this ,act may be cited as the ,fair    
,sentencing ,clarification ,act of #bjac
 4  #b4 ,findings ,congress finds as    
follows3  7#a7 ,the ,fair ,sentencing   
,act of #bjaj was signed into law by    
,president ,obama on ,august #c1 #bjaj4 
7#b7 ,most district courts in the       
,united ,states are applying the ,fair  
,sentencing ,act to pending criminal    
cases1 including ,united ,states v4     
,douglas1 #gdf ,f4 ,supp4 #b;d4 #bbj    
7,d4 ,me4 #bjaj71  ,f4 #c;d4 1 #bjaa    
,,wl #babjafc 7#ast ,cir4 ,may #ca1     
#bjaa72 ,united ,states v4 ,raymond     
,brown1 ,,cr ,no4 #aj-ace-;,,gll-#a     

7,w4,d4 ,pa4 ,june #af1 #bjaa72 and     
,united ,states v4 ,marlon ,jermaine    
,spencer1 ,,cr ,no4 #ji-djj-;,,jw-#a    
7,n4,d4 ,cal4 ,nov4 #cj1 #bjaj74  7#c7  
,there are1 however1 district courts    
that are not applying the ,fair         
,sentencing ,act to pending cases1      
including ,united ,states v4 ,derrick   
,steven ,clemons1 ,,cr ,no4             
#jh-jbh-;,,ajs-#a 7,w4,d4 of ,pa4 ,nov4 
#ah1 #bjaj7 and ,united ,states v4      
,anthony ,l4 ,jackson1 ,,cr ,no4        
#aj-agh-;,,jrs-#a 7,e4,d4 ,va4 ,nov4    
#ai1 #bjaj74  7#d7 ,according to the    
,u4,s4 ,sentencing ,commission's        
analysis1 #bj1ije offenders would       
receive a reduction in their sentences  
if both the statutory changes and       
guideline changes were made retroactive1
 and the average sentence reduction     
would be #df months1 representing a     
savings of over #b4b billion at an      
average incarceration cost of #bh1bhd   
per year1 the latest yearly cost        
estimate from the ,bureau of ,prisons4  

7#e7 ,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 pending4  #c4  
,clarification of applicability with    
regard to pending cases ,with respect to
 any offense for which the penalties    
were modified by section #b or #c of the
 ,fair ,sentencing ,act of #bjaj        
7,public ,law #aaa-bbj7 and which was   
committed before the date of enactment  
of such ,act1 and notwithstanding the   
provisions of section #aji of title #a1 
,united ,states ,code--  7#a7 in cases  
in which a sentence has not yet been    
imposed1 the court shall impose such    
sentence as if sections #b and #c of the
 ,fair ,sentencing ,act of #bjaj        
7,public ,law #aaa-bbj7 were in effect  
on the date the offense was committed2  
and  7#b7 in cases in which a sentence  
has already been imposed1 if subject to 
a pending appeal on or after ,august #c1
 #bjaj1 the ,court of ,appeals shall    

remand the case for resentencing        
consistent with the amendments made by  
sections #b and #c of the ,fair         
,sentencing ,act of #bjaj 7,public ,law 
#aaa-bbj74  #d4 ,court may reduce term  
of imprisonment ,in the case of a       
defendant who has been convicted of a   
crime committed before ,august #c1      
#bjaj1 for which a term of imprisonment 
has been imposed1 on motion of the      
defendant or the ,director of the       
,bureau of ,prisons1 or on its own      
motion1 the sentencing court may reduce 
the term of imprisonment for that crime 
consistent with the amendments made by  
sections #b and #c of the ,fair         
,sentencing ,act of #bjaj 7,public ,law 
#aaa-bbj7 if such crime is--  7#a7      
punishable by a term of imprisonment    
under--  7,a7 section #djd7;a7 of the   
,controlled ,substances ,act for        
possession of a substance which contains
 cocaine base 7#ba ,u4,s4,c4 #hdd7;a77  
7as in effect on the date of the        
commission of the crime72  7,b7 section 

#dja7;b77#a77;,a77iii7 of such ,act 7#ba
 ,u4,s4,c4 #hda7;b77#a77;,a77iii77 7as  
in effect on the date of the commission 
of the crime72 or  7,c7 section         
#dja7;b77#a77;,b77iii7 of such ,act 7#ba
 ,u4,s4,c4 #hda7;b77#a77;,b77iii77 7as  
in effect on the date of the commission 
of the crime72 or  7#b7 punishable by a 
term of imprisonment under paragraph    
7#a77;,c7 or 7#b77;,c7 of section       
#ajaj7;b7 of the ,controlled ,substances
 ,import and ,export ,act 7#ba ,u4,s4,c4
 #ifj7;b77 7as in effect on the date of 
the commission of the crime74