II 

109TH CONGRESS 

2D SESSION S. 3793 

To amend title 18, United States Code, to provide minimum mandatory 

penalties for certain public-corruption-related offenses. 

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 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 Trust in 

5 Public Service Act of 2006’’. 

6 SEC. 2. MINIMUM MANDATORY PENALTIES FOR CERTAIN 

7 PUBLIC-CORRUPTION-RELATED OFFENSES. 

8 Section 3559 of title 18, United States Code, is 

9 amended by adding at the end the following: 


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1 ‘‘(g) MINIMUM IMPRISONMENT PENALTY FOR CER2 TAIN PUBLIC-CORRUPTION-RELATED OFFENSES.— 

3 ‘‘(1) COMPUTATION.—Notwithstanding any 

4 other provision of law, unless that provision requires 

5 a longer sentence of imprisonment, if a public offi6 cial is convicted of an offense arising out of conduct 

7 in the course of official duty as such official, and 

8 that conduct resulted in the unjust enrichment of 

9 the official, then the minimum term of imprisonment 

10 that may be imposed on the official is— 

11 ‘‘(A) if the unjust enrichment was $5,000 

12 or less, 15 months; 

13 ‘‘(B) if the unjust enrichment exceeds 

14 $5,000, but does not exceed $10,000, 21 

15 months; 

16 ‘‘(C) if the unjust enrichment exceeds 

17 $10,000, but does not exceed $30,000, 27 

18 months; 

19 ‘‘(D) if the unjust enrichment exceeds 

20 $30,000, but does not exceed $70,000, 33 

21 months; 

22 ‘‘(E) if the unjust enrichment exceeds 

23 $70,000, but does not exceed $120,000, 46 

24 months; 


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1 ‘‘(F) if the unjust enrichment exceeds 

2 $120,000, but does not exceed $200,000, 51 

3 months; 

4 ‘‘(G) if the unjust enrichment exceeds 

5 $200,000, but does not exceed $400,000, 63 

6 months; 

7 ‘‘(H) if the unjust enrichment exceeds 

8 $400,000, but does not exceed $1,000,000, 78 

9 months; 

10 ‘‘(I) if the unjust enrichment exceeds 

11 $1,000,000, but does not exceed $2,500,000, 97 

12 months; 

13 ‘‘(J) if the unjust enrichment exceeds 

14 $2,500,000, but does not exceed $7,000,000, 

15 121 months; 

16 ‘‘(K) if the unjust enrichment exceeds 

17 $7,000,000, but does not exceed $20,000,000, 

18 151 months; 

19 ‘‘(L) if the unjust enrichment exceeds 

20 $20,000,000, but does not exceed $50,000,000, 

21 188 months; 

22 ‘‘(M) if the unjust enrichment exceeds 

23 $50,000,000, but does not exceed 

24 $100,000,000, 235 months; 


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1 ‘‘(N) if the unjust enrichment exceeds 

2 $100,000,000, but does not exceed 

3 $200,000,000, 292 months; 

4 ‘‘(O) if the unjust enrichment exceeds 

5 $200,000,000, but does not exceed 

6 $400,000,000, 360 months; and 

7 ‘‘(P) if the unjust enrichment exceeds 

8 $400,000,000, life. 

9 ‘‘(2) DEFINITION.—As used in this subsection, 

10 the term ‘public official’ means an individual holding 

11 Federal, State, or local public elected or appointive 

12 office or employment.’’. 

Æ 


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