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§ 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
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 637.                 Jan. 16, 1883, ch.
                                                    27, Sec.  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 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.



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