109 HR 2232 IH: Restoring Trust in Public Service Act of 2005 U.S. House of Representatives 2005-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 2232 IN THE HOUSE OF REPRESENTATIVES May 10, 2005 Mr. Menendez introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide minimum mandatory penalties for certain public-corruption-related offenses.

1.

Short title

This Act may be cited as the Restoring Trust in Public Service Act of 2005.

2.

Minimum mandatory penalties for certain public-corruption-related offenses

Section 3559 of title 18, United States Code, is amended by adding at the end the following: (g)

Minimum imprisonment penalty for certain public-corruption-related offenses

(1)

Computation

Notwithstanding any other provision of law, unless that provision requires a longer sentence of imprisonment, if a public official is convicted of an offense arising out of conduct in the course of official duty as such official, and that conduct resulted in the unjust enrichment of the official, then the minimum term of imprisonment that may be imposed on the official is— (A)if the unjust enrichment was $5,000 or less, 15 months; (B)if the unjust enrichment exceeds $5,000, but does not exceed $10,000, 21 months; (C)if the unjust enrichment exceeds $10,000, but does not exceed $30,000, 27 months; (D)if the unjust enrichment exceeds $30,000, but does not exceed $70,000, 33 months; (E)if the unjust enrichment exceeds $70,000, but does not exceed $120,000, 46 months; (F)if the unjust enrichment exceeds $120,000, but does not exceed $200,000, 51 months; (G)if the unjust enrichment exceeds $200,000, but does not exceed $400,000, 63 months; (H)if the unjust enrichment exceeds $400,000, but does not exceed $1,000,000, 78 months; (I)if the unjust enrichment exceeds $1,000,000, but does not exceed $2,500,000, 97 months; (J)if the unjust enrichment exceeds $2,500,000, but does not exceed $7,000,000, 121 months; (K)if the unjust enrichment exceeds $7,000,000, but does not exceed $20,000,000, 151 months; (L)if the unjust enrichment exceeds $20,000,000, but does not exceed $50,000,000, 188 months; (M)if the unjust enrichment exceeds $50,000,000, but does not exceed $100,000,000, 235 months; (N)if the unjust enrichment exceeds $100,000,000, but does not exceed $200,000,000, 292 months; (O)if the unjust enrichment exceeds $200,000,000, but does not exceed $400,000,000, 360 months; and (P)if the unjust enrichment exceeds $400,000,000, life. (2)

Definition

As used in this subsection, the term public official means an individual holding Federal, State, or local public elected or appointive office or employment. .