S. 79Senate117th Congress (2021-2023)In Committee

EQUAL Act

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Updated February 7, 2026 at 9:40 PM UTC

The EQUAL Act aims to end the harsher federal sentencing that applies to offenses involving cocaine base compared to other forms of cocaine. It removes specific sentencing‑enhancement provisions from the Controlled Substances Act and the Controlled Substances Import and Export Act. The changes affect anyone sentenced for a federal cocaine‑base offense, both in future cases and, potentially, in past convictions.

Key Provisions

Repeals the sentencing‑enhancement clauses for cocaine base in 21 U.S.C. 841(b)(1)(A)(iii) and (B)(iii).
Repeals related provisions in the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)(C) and (b)(2)(C)).
Applies the repeal to any sentence imposed after the law takes effect, regardless of when the offense occurred.
Allows courts to reduce sentences for defendants previously convicted of cocaine‑base offenses, upon motion, using the sentencing factors in 18 U.S.C. 3553(a).

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

January 28, 2021

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SenateIntro Referral

Introduced in Senate

January 28, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

January 28, 2021

Bill Text

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Introduced in SenateIssued January 28, 2021

117th CONGRESS

1st Session

S. 79

IN THE SENATE OF THE UNITED STATES

January 28, 2021

Mr. Booker (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

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

Short title

This Act may be cited as the Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act.

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 are repealed: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.