[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1693 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 92
117th CONGRESS
  1st Session
                                H. R. 1693

                      [Report No. 117-128, Part I]

To eliminate the disparity in sentencing for cocaine offenses, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2021

 Mr. Jeffries (for himself, Mr. Scott of Virginia, Mr. Armstrong, and 
  Mr. Bacon) introduced the following bill; which was 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

                           September 27, 2021

 Additional sponsors: Ms. Mace, Mr. Cohen, Mr. Taylor, Mrs. Rodgers of 
 Washington, Mr. Massie, Mr. Trone, Mr. Meijer, Mr. Lieu, Mrs. Spartz, 
Mr. Reschenthaler, Mr. Cole, Ms. Scanlon, Ms. Schakowsky, Mr. Joyce of 
   Ohio, Mr. Jones, Mr. Moore of Alabama, Mrs. Bice of Oklahoma, Mr. 
Nadler, Ms. Jackson Lee, Ms. Tlaib, Mr. Raskin, Mr. Brendan F. Boyle of 
 Pennsylvania, Mr. Johnson of South Dakota, Mrs. Demings, Ms. Clark of 
  Massachusetts, Mr. Bilirakis, Ms. Dean, Mr. Lucas, Mr. Sean Patrick 
   Maloney of New York, Mr. Crenshaw, Mr. Cleaver, Mr. Gohmert, Mr. 
 Yarmuth, Mr. McClintock, Mr. Owens, Mr. Cicilline, Ms. Bonamici, Ms. 
  Strickland, Mr. Mfume, Mr. Norman, Mr. Malinowski, Mr. Timmons, Mr. 
   Blumenauer, Mrs. Hinson, Mr. Keller, Mr. Cooper, Ms. Norton, Mr. 
 Espaillat, Ms. Sherrill, Ms. Salazar, Mr. Young, and Ms. Williams of 
                                Georgia


                           September 27, 2021

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 27, 2021

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                                9, 2021]

_______________________________________________________________________

                                 A BILL


 
To eliminate the disparity in sentencing for cocaine offenses, and for 
                            other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eliminating a Quantifiably Unjust 
Application of the Law Act of 2021'' or the ``EQUAL Act of 2021''.

SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE 
              THE COCAINE INVOLVED IS COCAINE BASE.

    (a) Controlled Substances Act.--The following provisions of the 
Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:
            (1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C. 
        841(b)(1)(A)).
            (2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 
        841(b)(1)(B)).
    (b) Controlled Substances Import and Export Act.--The following 
provisions of the Controlled Substances Import and Export Act (21 
U.S.C. 951 et seq.) are repealed:
            (1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C. 
        960(b)(1)).
            (2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 
        960(b)(2)).
    (c) Applicability to Pending and Past Cases.--
            (1) Pending cases.--This section, and the amendments made 
        by this section, shall apply to any sentence imposed after the 
        date of enactment of this Act, regardless of when the offense 
        was committed.
            (2) Past cases.--
                    (A) In general.--In the case of a defendant who, on 
                or before the date of enactment of this Act, was 
                sentenced for a Federal offense described in 
                subparagraph (B), the sentencing court may, on motion 
                of the defendant, the Bureau of Prisons, the attorney 
                for the Government, or on its own motion, impose a 
                reduced sentence after considering the factors set 
                forth in section 3553(a) of title 18, United States 
                Code.
                    (B) Federal offense described.--A Federal offense 
                described in this subparagraph is an offense that 
                involves cocaine base that is an offense under one of 
                the following:
                            (i) Section 401 of the Controlled 
                        Substances Act (21 U.S.C. 841).
                            (ii) Section 1010 of the Controlled 
                        Substances Import and Export Act (21 U.S.C. 
                        960).
                            (iii) Section 404(a) of the Controlled 
                        Substances Act (21 U.S.C. 844(a)).
                            (iv) Any other Federal criminal offense, 
                        the conduct or penalties for which were 
                        established by reference to a provision 
                        described in clause (i), (ii), or (iii).
                    (C) Defendant not required to be present.--
                Notwithstanding Rule 43 of the Federal Rules of 
                Criminal Procedure, the defendant is not required to be 
                present at any hearing on whether to impose a reduced 
                sentence pursuant to this paragraph.
                    (D) No reduction for previously reduced 
                sentences.--A court may not consider a motion made 
                under this paragraph to reduce a sentence if the 
                sentence was previously imposed or previously reduced 
                in accordance with this Act.
                    (E) No requirement to reduce sentence.--Nothing in 
                this paragraph may be construed to require a court to 
                reduce a sentence pursuant to this paragraph.
                                                  Union Calendar No. 92

117th CONGRESS

  1st Session

                               H. R. 1693

                      [Report No. 117-128, Part I]

_______________________________________________________________________

                                 A BILL

To eliminate the disparity in sentencing for cocaine offenses, and for 
                            other purposes.

_______________________________________________________________________

                           September 27, 2021

     Reported from the Committee on the Judiciary with an amendment

                           September 27, 2021

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed