18 U.S.C. § 1917 — Interference with civil service examina-

Page 465 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1917 HISTORICAL AND REVISION NOTES Based on section 1616 of title 19, U.S.C., 1940 ed., Cus- toms Duties (June 17, 1930, ch. 497, title IV, § 616, 46 Stat. 757). Designation of the offense as a felony was omitted as unnecessary in view of definitive section 1 of this title. (See reviser’s note under section 550 of this title.) Words ‘‘and upon conviction thereof’’ were also omit- ted as unnecessary, since punishment could not be im- posed until after conviction. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 1916. Unauthorized employment and disposi- tion of lapsed appropriations Whoever— (1) violates the provision of section 3103 of title 5 that an individual may be employed in the civil service in an Executive department at the seat of Government only for services ac- tually rendered in connection with and for the purposes of the appropriation from which he is paid; or (2) violates the provision of section 5501 of title 5 that money accruing from lapsed sala- ries or from unused appropriations for salaries shall be covered into the Treasury of the United States; shall be fined under this title or imprisoned not more than one year, or both. (Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 608; amended Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 47 (less so much as relates to removal). Aug. 23, 1912, ch. 350, § 5 (less so much as relates to removal), 37 Stat. 414. .................. 5 U.S.C. 50 (2d sen- tence, less so much as relates to removal). The statement of the acts prohibited is supplied from section 4 of the Act of Aug. 5, 1882, ch. 389, 22 Stat. 255, as amended June 22, 1906, ch. 3514, §§ 6, 8, 34 Stat. 449, and Sept. 23, 1950, ch. 1010, § 7, 64 Stat. 986, which is codified in sections 3103 and 5501 of title 5, United States Code. The words ‘‘upon conviction thereof’’ are omitted as unnecessary because punishment can be imposed only after conviction. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 inserted ‘‘, or both’’ after ‘‘year’’ in concluding provisions. 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in concluding provisions. § 1917. Interference with civil service examina- tions Whoever, being a member or employee of the United States Office of Personnel Management or an individual in the public service, willfully and corruptly— (1) defeats, deceives, or obstructs an indi- vidual in respect of his right of examination according to the rules prescribed by the Presi- dent under title 5 for the administration of the competitive service and the regulations pre- scribed by such Office under section 1302(a) of title 5; (2) falsely marks, grades, estimates, or re- ports on the examination or proper standing of an individual examined; (3) makes a false representation concerning the mark, grade, estimate, or report on the ex- amination or proper standing of an individual examined, or concerning the individual exam- ined; or (4) furnishes to an individual any special or secret information for the purpose of improv- ing or injuring the prospects or chances of an individual examined, or to be examined, being appointed, employed, or promoted; shall, for each offense, be fined under this title not less than $100 or imprisoned not less than ten days nor more than one year, or both. (Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 609; amended Pub. L. 103–322, title XXXIII, § 330010(2), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 104–294, title VI, § 601(a)(9), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 637. Jan. 16, 1883, ch. 27, § 5, 22 Stat. 405. The section is rewritten to conform to the style of title 18. The words ‘‘a member or employee of the United States Civil Service Commission’’ are coexten- sive with and substituted for ‘‘Civil Service Commis- sioner, examiner, copyist, or messenger’’. The references to actions in concert with others to violate this section are omitted in view of the crime of conspiracy contained in chapter 19 of title 18. In paragraph (1), the words ‘‘the rules prescribed by the President under title 5 for the administration of the competitive service and the regulations prescribed by the Commission under section 1302(a) of title 5’’ are substituted for ‘‘any such rules or regulations’’ to pro- vide the basis of reference. The words ‘‘be deemed guilty of a misdemeanor’’ are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser’s note under 18 U.S.C. 212, 1964 ed.) The words ‘‘and upon conviction thereof’’ are omitted as unnecessary because punishment can be imposed only after conviction. The words ‘‘or both’’ are substituted for ‘‘or by both such fine and imprisonment’’. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘fined under this title not less than $100’’ for ‘‘fined not less than $100 nor more than $1,000’’ in concluding provisions. 1994—Pub. L. 103–322 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’ in intro- ductory provisions and ‘‘such Office’’ for ‘‘the Commis- sion’’ in par. (1). Page 466 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1918 § 1918. Disloyalty and asserting the right to strike against the Government Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Co- lumbia if he— (1) advocates the overthrow of our constitu- tional form of government; (2) is a member of an organization that he knows advocates the overthrow of our con- stitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the Dis- trict of Columbia; or (4) is a member of an organization of em- ployees of the Government of the United States or of individuals employed by the gov- ernment of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the gov- ernment of the District of Columbia; shall be fined under this title or imprisoned not more than one year and a day, or both. (Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 609; amended Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 118r. Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625. [Uncodified.] June 29, 1956, ch. 479, § 3 (as applicable to the Act of Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625), 70 Stat. 453. The section is rewritten to conform to the style of title 18. The statement of the acts prohibited is sup- plied from the Act of Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624, which is codified in section 7311 of title 5, United States Code. The words ‘‘From and after July 1, 1956’’, appearing in the Act of June 29, 1956, are omitted as executed. The words ‘‘shall be guilty of a felony’’ are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser’s note under section 550 of this title.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in concluding provisions. § 1919. False statement to obtain unemployment compensation for Federal service Whoever makes a false statement or represen- tation of a material fact knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase for himself or for any other individual any payment authorized to be paid under chapter 85 of title 5 or under an agreement thereunder, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 609.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1368(a). Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1508(a)’’, 68 Stat. 1135. The words ‘‘under chapter 85 of title 5’’ are sub- stituted for ‘‘under this title’’ (Title XV of the Social Security Act, as amended) to reflect the codification of the Title in title 5, United States Code. § 1920. False statement or fraud to obtain Fed- eral employees’ compensation Whoever knowingly and willfully falsifies, conceals, or covers up a material fact, or makes a false, fictitious, or fraudulent statement or representation, or makes or uses a false state- ment or report knowing the same to contain any false, fictitious, or fraudulent statement or entry in connection with the application for or receipt of compensation or other benefit or pay- ment under subchapter I or III of chapter 81 of title 5, shall be guilty of perjury, and on convic- tion thereof shall be punished by a fine under this title, or by imprisonment for not more than 5 years, or both; but if the amount of the bene- fits falsely obtained does not exceed $1,000, such person shall be punished by a fine under this title, or by imprisonment for not more than 1 year, or both. (Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 610; amended Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–333, title I, § 101(b)(1), Sept. 30, 1994, 108 Stat. 2547; Pub. L. 104–294, title VI, § 601(a)(10), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, § 4002(f)(2), Nov. 2, 2002, 116 Stat. 1811.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 789. Sept. 7, 1916, ch. 458, § 39, 39 Stat. 749. Oct. 14, 1949, ch. 691, § 103(b), 63 Stat. 855. The word ‘‘That’’ in the Act of Sept. 7, 1916, is omit- ted as unnecessary. The words ‘‘under section 8106 of title 5’’ are sub- stituted for ‘‘under section 754 of this title’’ to reflect the codification of the section in title 5, United States Code. The words ‘‘a claim for compensation under sub- chapter I of chapter 81 of title 5’’ are substituted for ‘‘any claim for compensation’’ for clarity. The words ‘‘or both’’ are substituted for ‘‘or by both such fine and imprisonment’’. Minor changes in phraseology are made to conform to the style of title 18. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘employees’ ’’ for ‘‘employee’s’’ in section catchline. 1996—Pub. L. 104–294 substituted ‘‘fine under this title’’ the first place it appears for ‘‘fine of not more than $250,000’’ and ‘‘fine under this title’’ the second place it appears for ‘‘fine of not more than $100,000’’. 1994—Pub. L. 103–333 substituted ‘‘False statement or fraud to obtain Federal employee’s compensation’’ for ‘‘False statement to obtain Federal employees’ com- pensation’’ as section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Who-