[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10017-S10018]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SA 6608. Mr. BOOKER submitted an amendment intended to be proposed to 
     amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
     section 1115 of title 31, United States Code, to amend the description 
     of how performance goals are achieved, and for other purposes; which 
     was ordered to lie on the table; as follows:
     
            At the appropriate place, insert the following:
     
                          DIVISION ___EQUAL ACT OF 2022
     
          SEC. 101. SHORT TITLE.
     
            This division may be cited as the ``Eliminating a 
          Quantifiably Unjust Application of the Law Act of 2022'' or 
          the ``EQUAL Act of 2022''.
     
          SEC. 102. 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          repealed: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 are repealed: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
     
     [[Page S10018]]
     
          sentence if the sentence was previously imposed or previously 
          reduced in accordance with this division.
            (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.
                                      ______