EQUAL Act of 2021
Bill: H.R.1693 | Sponsor: Rep. Jeffries, Hakeem S. (D-NY)
Policy area: Crime and Law Enforcement

Summary:
Eliminating a Quantifiably Unjust Application of the Law Act of 2021 or the EQUAL Act of 2021
This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine.
Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties.
This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties.
The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes a sentencing court to impose a reduced sentence on a defendant who was convicted or sentenced for a specified crack cocaine offense before this bill's enactment. A defendant does not have to be present at the sentence reduction hearing. Finally, the bill prohibits the reduction of a sentence that was previously reduced.

To eliminate the disparity in sentencing for cocaine offenses, and for 
                            other purposes.

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

SECTION 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''.

SEC. 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 are repealed: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 are repealed: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.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives September 28, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.