[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7714-S7715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

   SA 4138. 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 end of title IV add the following:

     SEC. 405. AMENDMENTS TO THE ARMED CAREER CRIMINAL ACT.

       (a) In General.--Section 924 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)(2), by striking ``(a)(6), (d), (g), 
     (h), (i), (j), or (o) of section 922'' and inserting 
     ``(a)(6), (d), (h), (i), (j), or (o) of section 922, or, 
     except as provided in subsection (e) of this section, 
     subsection (g) of section 922''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e)(1) Whoever knowingly violates section 922(g) and has 
     3 or more previous serious felony convictions for offenses 
     committed on occasions different from one another shall be 
     fined under this title and imprisoned not less than 15 years 
     and not more than 30 years, and, notwithstanding any other 
     provision of law, the court shall not suspend the sentence 
     of, or grant a probationary sentence to, such person with 
     respect to the conviction under section 922(g).
       ``(2) In this subsection--
       ``(A) the term `offense punishable by imprisonment for a 
     statutory maximum term of not less than 10 years' includes an 
     offense (without regard to the application of any sentencing 
     guideline, statutory criterion, or judgment that may provide 
     for a shorter period of imprisonment within the statutory 
     sentencing range) for which the statute provides for a range 
     in the period of imprisonment that may be imposed at 
     sentencing the

[[Page S7715]]

     maximum term of which is not less than 10 years; and
       ``(B) the term `serious felony conviction' means--
       ``(i) any conviction by a court referred to in section 
     922(g)(1) for an offense that, at the time of sentencing, was 
     an offense punishable by imprisonment for a statutory maximum 
     term of not less than 10 years; or
       ``(ii) any group of convictions for which a court referred 
     to in section 922(g)(1) imposed in the same proceeding or in 
     consolidated proceedings a total term of imprisonment not 
     less than 10 years, regardless of how many years of that 
     total term the defendant served in custody.''.
       (b) Applicability.--
       (1) In general.--The amendments made by this section shall 
     apply to any offense committed after the date of enactment of 
     this Act by an individual who, on the date on which the 
     offense is committed, has 3 or more previous serious felony 
     convictions (as defined in subsection (e) of section 924 of 
     title 18, United States Code, as amended by this section).
       (2) Rule of construction.--This section and the amendments 
     made by this section shall not be construed to create any 
     right to challenge a sentence imposed under subsection (e) of 
     section 924 of title 18, United States Code.
       (c) Technical and Conforming Amendments.--Section 2901(a) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (34 U.S.C. 10581(a)) is amended--
       (1) in paragraph (1), by striking ``and'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)(ii), by striking ``, as defined in 
     section 924(e)(2)(A) of title 18, United States Code''; and
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) the term `serious drug offense' means--
       ``(A) an offense under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
     46, United States Code, for which a maximum term of 
     imprisonment of 10 years or more is prescribed by law; or
       ``(B) an offense under State law, involving manufacturing, 
     distributing, or possessing with intent to manufacture or 
     distribute, a controlled substance (as defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802)), for which 
     a maximum term of imprisonment of 10 years or more is 
     prescribed by law.''.
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