S.Amdt. 4473

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repealed: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 are repealed: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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