[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Page S7710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

   SA 4135. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ACQUITTED CONDUCT REFORM.

       (a) Use of Information for Sentencing.--
       (1) Amendment.--Section 3661 of title 18, United States 
     Code, is amended by inserting ``, except that a court of the 
     United States shall not consider acquitted conduct under this 
     section'' before the period at the end.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply only to a judgment entered on or after the date 
     of enactment of this Act.
       (b) Definitions.--Section 3673 of title 18, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``As'' and inserting the following:
       ``(a) As''; and
       (2) by adding at the end the following:
       ``(b) As used in this chapter, the term `acquitted conduct' 
     means--
       ``(1) acts for which a person was criminally charged and 
     adjudicated not guilty after trial in a Federal or State 
     court; and
       ``(2) acts underlying criminal charges dismissed--
       ``(A) in a Federal court upon a motion for acquittal under 
     rule 29 of the Federal Rules of Criminal Procedure; or
       ``(B) in a State court upon a motion for acquittal or an 
     analogous motion under the applicable State rule of criminal 
     procedure.''.
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