[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1062 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1062
To eliminate the disparity in sentencing for cocaine offenses, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2023
Mr. Armstrong (for himself, Mr. Jeffries, Mr. Bacon, and Mr. Scott of
Virginia) introduced the following bill; which was referred to the
Committee 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 jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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'' or the ``EQUAL Act''.
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 are repealed: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 are repealed: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.--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.
<all>