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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 93 — Public Officers and Employees

§ 1920. False statement or fraud to obtain Federal employees’ compensation

Statutory text

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 statement 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 payment under subchapter I or III of chapter 81 of title 5, shall be guilty of perjury, and on conviction 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 benefits 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–554 § 3(d) · 80 Stat. 378

    Enacted · 18 U.S.C. § 1920

    Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 610

    Source evidence

    Code source credit
    Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 610

    Enacted provision · exact public law section
    (d) Chapter 93 of title 18, United States Code, is amended by adding the following new sections: “§ 1916. Unauthorized employment and disposition 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 actually 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 salaries or from unused appropriations for salaries shall be covered into the Treasury of the United States; shall be fined not more than $1,000 or imprisoned not more than one year. “§ 1917. Interference with civil service examinations “Whoever, being a member or employee of the United States Civil Service Commission 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 the Commission 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 not less than $100 nor more than $1,000 or imprisoned not less than ten days nor more than one year, or both. “§ 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 Columbia if he— “(1) advocates the overthrow of our constitutional form of government; “(2) is a member of an organization that he knows advocates the overthrow of our constitutional 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 District of Columbia; or “(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia; shall be fined not more than $1,000 or imprisoned not more than one year and a day, or both. “§ 1919. False statement to obtain unemployment compensation for Federal service “Whoever makes a false statement or representation 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. “§ 1920. False statement to obtain Federal employees’ compensation “Whoever makes, in an affidavit or report required by section 8106 of title 5 or in a claim for compensation under subchapter I of chapter 81 of title 5, a statement, knowing it to be false, is guilty of perjury and shall be fined not more than $2,000 or imprisoned not more than one year, or both. “§ 1921. Receiving Federal employees’ compensation after marriage “Whoever, being entitled to compensation under sections 8107–8113 and 8133 of title 5 and whose compensation by the terms of those sections stops or is reduced on his marriage or on the marriage of his dependent, accepts after such marriage any compensation or payment to which he is not entitled shall be fined not more than $2,000 or imprisoned not more than one year, or both. “§ 1922. False or withheld report concerning Federal employees’ compensation “Whoever, being an officer or employee of the United States charged with the responsibility for making the reports of the immediate superior specified by section 8120 of title 5, willfully fails, neglects, or refuses to make any of the reports, or knowingly files a false report, or induces, compels, or directs an injured employee to forego filing of any claim for compensation or other benefits provided under subchapter I of chapter 81 of title 5 or any extension or application thereof, or willfully retains any notice, report, claim, or paper which is required to be filed under that subchapter or any extension or application thereof, or regulations prescribed thereunder, shall be fined not more than $500 or imprisoned not more than one year, or both. “§ 1923. Fraudulent receipt of payments of missing persons “Whoever obtains or receives any money, check, or allotment under— “(1) subchapter VII of chapter 55 of title 5; or “(2) chapter 10 of title 37; without being entitled thereto, with intent to defraud, shall be fined not more than $2,000 or imprisoned not more than one year, or both.”

  2. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(I) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1920

    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000”.

    Enacted provision · exact public law section
    (I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386, and 2424 by striking “not more than $2,000” each place it appears and inserting “under this title”;

  3. Pub. L. 103–333 title I § 101(b)(1) · 108 Stat. 2539

    1. Substituted · 18 U.S.C. § 1920

      Pub. L. 103–333 substituted “False statement or fraud to obtain Federal employee’s compensation” for “False statement to obtain Federal employees’ compensation” as section catchline

    2. Amended · 18 U.S.C. § 1920

      Pub. L. 103–333 amended text generally. Prior to amendment, text read as follows: “Whoever makes, in an affidavit or report required by section 8106 of title 5 or in a claim for compensation under subchapter I of chapter 81 of title 5, a statement, knowing it to be false, is guilty of perjury and shall be fined under this title or imprisoned not more than one year, or both.”

    Source evidence

    Code amendment note
    Pub. L. 103–333 substituted “False statement or fraud to obtain Federal employee’s compensation” for “False statement to obtain Federal employees’ compensation” as section catchline and amended text generally. Prior to amendment, text read as follows: “Whoever makes, in an affidavit or report required by section 8106 of title 5 or in a claim for compensation under subchapter I of chapter 81 of title 5, a statement, knowing it to be false, is guilty of perjury and shall be fined under this title or imprisoned not more than one year, or both.”

  4. Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 601(a)(10) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 1920

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (10) Section 1920 of title 18, United States Code, is amended— (A) by striking “of not more than $250,000” and inserting “under this title”; and (B) by striking “of not more than $100,000” and inserting “under this title”.

  5. Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(f)(2) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 1920

    Pub. L. 107–273 substituted “employees’ ” for “employee’s” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–273 substituted “employees’ ” for “employee’s” in section catchline.

    Enacted provision · exact public law section
    (2) Conforming heading to table of sections entry.— The heading of section 1920 of title 18, United States Code, is amended by striking “employee’s” and inserting “employees’”.

4 of 6 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes 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 , is omitted as unnecessary.

The words “under section 8106 of title 5” are substituted 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 subchapter 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

Amendments1994–2002 · 3 rounds

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’ compensation” as section catchline and amended text generally. Prior to amendment, text read as follows: “Whoever makes, in an affidavit or report required by section 8106 of title 5 or in a claim for compensation under subchapter I of chapter 81 of title 5, a statement, knowing it to be false, is guilty of perjury and shall be fined under this title or imprisoned not more than one year, or both.”

Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000”.

Credits

1966–2002 · 5 acts
  1. 1966Added Pub. L. 89–554, § 3(d), , 80 Stat. 610
  2. 1994amended Pub. L. 103–322, title XXXIII, § 330016(1)(I), , 108 Stat. 2147
  3. 1994Pub. L. 103–333, title I, § 101(b)(1), , 108 Stat. 2547
  4. 1996Pub. L. 104–294, title VI, § 601(a)(10), , 110 Stat. 3498
  5. 2002Pub. L. 107–273, div. B, title IV, § 4002(f)(2), , 116 Stat. 1811.
Show as published

(Added Pub. L. 89–554, § 3(d), , 80 Stat. 610; amended Pub. L. 103–322, title XXXIII, § 330016(1)(I), , 108 Stat. 2147; Pub. L. 103–333, title I, § 101(b)(1), , 108 Stat. 2547; Pub. L. 104–294, title VI, § 601(a)(10), , 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, § 4002(f)(2), , 116 Stat. 1811.)

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USLM identifier /us/usc/t18/s1920