117 HR 1693 RH: Eliminating a Quantifiably Unjust Application of the Law Act of 2021
U.S. House of Representatives
2021-09-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IB
Union Calendar No. 92
117th CONGRESS
1st Session
H. R. 1693
[Report No. 117–128, Part I]
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.
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”.
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.
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