§ 1917. — Interference with civil service examinations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1917]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES
Sec. 1917. Interference with civil service examinations
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 individual in respect of
his right of examination according to the rules prescribed by the
President under title 5 for the administration of the competitive
service and the regulations prescribed by such Office under section
1302(a) of title 5;
(2) falsely marks, grades, estimates, or reports on the
examination or proper standing of an individual examined;
(3) makes a false representation concerning the mark, grade,
estimate, or report on the examination or proper standing of an
individual examined, or concerning the individual examined; or
(4) furnishes to an individual any special or secret information
for the purpose of improving 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, Sec. 3(d), Sept. 6, 1966, 80 Stat. 609; amended
Pub. L. 103-322, title XXXIII, Sec. 330010(2), Sept. 13, 1994, 108 Stat.
2143; Pub. L. 104-294, title VI, Sec. 601(a)(9), Oct. 11, 1996, 110
Stat. 3498.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 637. Jan. 16, 1883, ch.
27, Sec. 5, 22
Stat. 405.
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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 coextensive with and substituted for ``Civil Service
Commissioner, 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 provide 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''.
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 introductory provisions and ``such
Office'' for ``the Commission'' in par. (1).
Section Referred to in Other Sections
This section is referred to in title 22 section 3622.