II 109th CONGRESS 2d Session S. 3793 IN THE SENATE OF THE UNITED STATES August 3, 2006 Mr. Menendez introduced the following bill; which was read twice and 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 2006.

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. .