S.Amdt. 6608

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repealed: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 are repealed: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.
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