IIB 

117TH CONGRESS 

1ST SESSION H. R. 1693 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2021 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To eliminate the disparity in sentencing for cocaine offenses, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Eliminating a Quan3 tifiably Unjust Application of the Law Act of 2021’’ or 

4 the ‘‘EQUAL Act of 2021’’. 

5 SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR CO6 CAINE OFFENSES WHERE THE COCAINE IN7 VOLVED IS COCAINE BASE. 

8 (a) CONTROLLED SUBSTANCES ACT.—The following 

9 provisions of the Controlled Substances Act (21 U.S.C. 

10 801 et seq.) are repealed: 

11 (1) Clause (iii) of section 401(b)(1)(A) (21 

12 U.S.C. 841(b)(1)(A)). 

13 (2) Clause (iii) of section 401(b)(1)(B) (21 

14 U.S.C. 841(b)(1)(B)). 

15 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

16 ACT.—The following provisions of the Controlled Sub17 stances Import and Export Act (21 U.S.C. 951 et seq.) 

18 are repealed: 

19 (1) Subparagraph (C) of section 1010(b)(1) (21 

20 U.S.C. 960(b)(1)). 

21 (2) Subparagraph (C) of section 1010(b)(2) (21 

22 U.S.C. 960(b)(2)). 

23 (c) APPLICABILITY TO PENDING AND PAST CASES.— 

24 (1) PENDING CASES.—This section, and the 

25 amendments made by this section, shall apply to any 


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1 sentence imposed after the date of enactment of this 

2 Act, regardless of when the offense was committed. 

3 (2) PAST CASES.— 

4 (A) IN GENERAL.—In the case of a defend5 ant who, on or before the date of enactment of 

6 this Act, was sentenced for a Federal offense 

7 described in subparagraph (B), the sentencing 

8 court may, on motion of the defendant, the Bu9 reau of Prisons, the attorney for the Govern10 ment, or on its own motion, impose a reduced 

11 sentence after considering the factors set forth 

12 in section 3553(a) of title 18, United States 

13 Code. 

14 (B) FEDERAL OFFENSE DESCRIBED.—A 

15 Federal offense described in this subparagraph 

16 is an offense that involves cocaine base that is 

17 an offense under one of the following: 

18 (i) Section 401 of the Controlled Sub19 stances Act (21 U.S.C. 841). 

20 (ii) Section 1010 of the Controlled 

21 Substances Import and Export Act (21 

22 U.S.C. 960). 

23 (iii) Section 404(a) of the Controlled 

24 Substances Act (21 U.S.C. 844(a)). 


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1 (iv) Any other Federal criminal of2 fense, the conduct or penalties for which 

3 were established by reference to a provision 

4 described in clause (i), (ii), or (iii). 

5 (C) DEFENDANT NOT REQUIRED TO BE

6 PRESENT.—Notwithstanding Rule 43 of the 

7 Federal Rules of Criminal Procedure, the de8 fendant is not required to be present at any 

9 hearing on whether to impose a reduced sen10 tence pursuant to this paragraph. 

11 (D) NO REDUCTION FOR PREVIOUSLY RE12 DUCED SENTENCES.—A court may not consider 

13 a motion made under this paragraph to reduce 

14 a sentence if the sentence was previously im15 posed or previously reduced in accordance with 

16 this Act. 

17 (E) NO REQUIREMENT TO REDUCE SEN18 TENCE.—Nothing in this paragraph may be 

19 construed to require a court to reduce a sen20 tence pursuant to this paragraph. 

21 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

22 The budgetary effects of this Act, for the purpose of 

23 complying with the Statutory Pay-As-You-Go Act of 2010, 

24 shall be determined by reference to the latest statement 

25 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 


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1 Act, submitted for printing in the Congressional Record 

2 by the Chairman of the House Budget Committee, pro3 vided that such statement has been submitted prior to the 

4 vote on passage. 

Passed the House of Representatives September 28, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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