IB 
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 Com-
mittee 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 juris-
diction 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. SCHA-
KOWSKY, 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. BILI-
RAKIS, 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. STRICK-
LAND, 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 
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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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Eliminating a Quantifi-
ably Unjust Application of the Law Act of 2021’’ or the 
‘‘EQUAL Act of 2021’’. 
SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR CO-
CAINE OFFENSES WHERE THE COCAINE IN-
VOLVED 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 Sub-
stances 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.— 
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(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 defend-
ant who, on or before the date of enactment of 
this Act, was sentenced for a Federal offense de-
scribed in subparagraph (B), the sentencing 
court may, on motion of the defendant, the Bu-
reau 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 Sub-
stances 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)). 
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(iv) Any other Federal criminal of-
fense, 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 Fed-
eral 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 RE-
DUCED 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
SEN-
TENCE.—Nothing in this paragraph may be con-
strued to require a court to reduce a sentence 
pursuant to this paragraph. 
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