[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4473. Mr. BOOKER (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

                         Subtitle __--Equal Act

     SEC. __01. SHORT TITLE.

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

     SEC. __02. 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     repealed: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 are repealed: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.--In the case of a defendant who, before the 
     date of enactment of this Act, was convicted or sentenced for 
     a Federal offense involving cocaine base, 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.
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