I 

117TH CONGRESS 

1ST SESSION H. R. 3153 

To amend title 18, United States Code, relating to sentencing of armed 

career criminals. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2021 

Mr. KUSTOFF (for himself and Mr. GUEST) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, relating to sentencing 

of armed career criminals. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoring the Armed 

5 Career Criminal Act’’. 

6 SEC. 2. AMENDMENTS TO THE ARMED CAREER CRIMINAL 

7 ACT. 

8 Section 924 of title 18, United States Code, is 

9 amended— 


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1 (1) in subsection (a)(2), by striking ‘‘(a)(6), 

2 (d), (g), (h), (i), (j), or (o) of section 922’’ and in3 serting ‘‘(a)(6), (d), (h), (i), (j), or (o) of section 

4 922, or, except as provided in subsection (e) of this 

5 section, subsection (g) of section 922’’; and 

6 (2) by striking subsection (e) and inserting the 

7 following: 

8 ‘‘(e)(1) Whoever knowingly violates section 922(g) 

9 and has 3 or more previous serious felony convictions for 

10 offenses committed on occasions different from one an11 other shall be fined under this title and imprisoned not 

12 less than 15 years and not more than 30 years, and, not13 withstanding any other provision of law, the court shall 

14 not suspend the sentence of, or grant a probationary sen15 tence to, such person with respect to the conviction under 

16 section 922(g). 

17 ‘‘(2) In this subsection— 

18 ‘‘(A) the term ‘offense punishable by imprison19 ment for a statutory maximum term of not less than 

20 10 years’ includes an offense (without regard to the 

21 application of any sentencing guideline, statutory 

22 criterion, or judgment that may provide for a short23 er period of imprisonment within the statutory sen24 tencing range) for which the statute provides for a 

25 range in the period of imprisonment that may be imVerDate Sep 11 2014 00:44 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3153.IH H3153

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1 posed at sentencing the maximum term of which is 

2 not less than 10 years; and 

3 ‘‘(B) the term ‘serious felony conviction’ 

4 means— 

5 ‘‘(i) any conviction by a court referred to 

6 in section 922(g)(1) for an offense that, at the 

7 time of sentencing, was an offense punishable 

8 by imprisonment for a statutory maximum term 

9 of not less than 10 years; or 

10 ‘‘(ii) any group of convictions for which a 

11 court referred to in section 922(g)(1) imposed 

12 in the same proceeding or in consolidated pro13 ceedings a total term of imprisonment of not 

14 less than 10 years, regardless of how many 

15 years of that total term the defendant served in 

16 custody.’’. 

17 SEC. 3. APPLICABILITY. 

18 (a) IN GENERAL.—The amendments made by this 

19 Act shall apply to any offense committed after the date 

20 of enactment of this Act by an individual who, on the date 

21 on which the offense is committed, has 3 or more previous 

22 serious felony convictions (as defined in subsection (e) of 

23 section 924 of title 18, United States Code, as amended 

24 by this Act). 


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1 (b) RULE OF CONSTRUCTION.—This Act and the 

2 amendments made by this Act shall not be construed to 

3 create any right to challenge a sentence imposed under 

4 subsection (e) of section 924 of title 18, United States 

5 Code. 

Æ 


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