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request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business.

Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. (June 25, 1948, ch. 645, 62 Stat. 792.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 201 (July 11, 1919, ch. 6, § 6, 41 Stat. 68).

Reference to "department" and "agency" was added in three instances after the words “United States" to remove doubt as to the scope of the section. (See definitions of “department" and "agency" in section 6 of this title.)

Reference to the offense as a misdemeanor was omitted as unnecessary in view of the definitive section 1 of this title.

Words "on conviction thereof" were omitted as surplusage since punishment can be imposed only after conviction. Minor changes were made in phraseology.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 3374; title 29 section 796i.

8 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. (Added Pub. L. 89-554, $ 3(d), Sept. 6, 1966, 80 Stat. 608.)

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(8 1914. Repealed. Pub. L. 87-849, § 2, Oct. 23, 1962, 76

Stat. 1126] Section, act June 25, 1948, ch. 645, 62 Stat. 793, related to salary of Government officials and employees payable only by United States. Section was supplanted by section 209 of this title.

EFFECTIVE DATE OF REPEAL Repeal of section effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as an Effective Date note under section 201 of this title.

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.

8 1915. Compromise of customs liabilities

Whoever, being an officer of the United States, without lawful authority compromises or abates or attempts to compromise or abate any claim of the United States arising under the customs laws for any fine, penalty or forfeiture, or in any manner relieves or attempts to relieve any person, vessel, vehicle, merchandise or baggage therefrom, shall be fined not more than $5,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 793.)

HISTORICAL AND REVISION NOTES Based on section 1616 of title 19, U.S.C., 1940 ed., Customs 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 omitted as unnecessary, since punishment could not be imposed until after conviction. Changes were made in phraseology.

REFERENCES IN TEXT The customs laws, referred to in text, are classified generally to Title 19, Customs Duties.

8 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.

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Aug. 9, 1955, ch. 690, $ 3, 69

Stat. 625. 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 supplied 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.)

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".

TRANSFER OF FUNCTIONS All functions vested by statute in the United States Civil Service Commission were transferred to the Director of the Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, $ 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 3622.

8 1919. False statement to obtain unemployment com

pensation 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. (Added Pub. L. 89-554, § 3(d), Sept. 6, 1966, 80 Stat. 609.)

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8 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 gov

ernment 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.

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

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Sept. 13, 1960, Pub. L.

86-767, $206, 74 Stat. 908.

The word “That" in the Act of Sept. 7, 1916, 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.

The words “the reports of the immediate superior specified in section 8120 of title 5" are substituted for "the reports specified in subsection (a) of this section" to reflect the codification of that subsection in title 5, United States Code.

The words "subchapter I of chapter 81 of title 5" and “that subchapter" are substituted for "sections 751-756, 757-781, 783-791, and 793 of this title" and "said sections”, respectively, to reflect the codification of the sections in title 5, United States Code.

The words “shall be 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.

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

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

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The word "Whoever" is substituted for “If any person" to conform to the style of title 18.

The words "under sections 8107-8113 and 8133 of title 55” are substituted for "under this section or section 755 or 756 of this title" to reflect the codification of the sections in title 5, United States Code.

The words "or both" are substituted for “or by both such fine and imprisonment".

Mar. 7, 1942, ch. 166, $ 8,

56 Stat. 145.

Clauses (1) and (2) are substituted for the words "under this Act" to reflect the codification of the Act. The portion of the Act which is applicable to civilian officers and employees and their dependents is codi. fied in subchapter VII of chapter 55 of title 5, United States Code. The portion of the Act which is applicable to members of the uniformed services and their de. pendents is codified in chapter 10 of title 37, United States Code.

CHAPTER 95-RACKETEERING

Sec. 1951.

8 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.

1952.

1953.

1954.

Interference with commerce by threats or vi

olence. Interstate and foreign travel or transporta

tion in aid of racketeering enterprises. Interstate transportation of wagering para

phernalia. Offer, acceptance, or solicitation to influence

operations of employee benefit plan. Prohibition of illegal gambling businesses, Laundering of monetary instruments. Engaging in monetary transactions in prop

erty derived from specified unlawful activity.

1955. 1956. 1957.

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HISTORICAL AND REVISION NOTES 1958. Use of interstate commerce facilities in the commission of murder-for-hire.

Based on title 18, U.S.C., 1940 ed., $$ 420a-420e-1 1959. Violent crimes in aid of racketeering activity.

(June 18, 1934, ch. 569, $$ 1-6, 48 Stat. 979, 980; July 3,
1946, ch. 537, 60 Stat. 420).

Section consolidates sections 420a to 420e-1 of Title
AMENDMENTS

18, U.S.C., 1940 ed., with changes in phraseology and
1988–Pub. L. 100-690, title VII, $ 7053(c), Nov. 18, arrangement necessary to effect consolidation.
1988, 102 Stat. 4402, redesignated items 1952A and

Provisions designating offense as felony were omit1952B as 1958 and 1959, respectively, and transferred

ted as unnecessary in view of definitive section 1 of them to the end of the table of sections.

this title. (See reviser's note under section 550 of this 1986—Pub. L. 99-570, title I, § 1352(b), Oct. 27, 1986,

title.) 100 Stat, 3207-21, added items 1956 and 1957.

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lence

(Add Stat 1965

Subsection (c) of the revised section is derived from 1984-Pub. L. 98-473, title II, $ 1002(b), Oct. 12, 1984,

title II of the 1946 amendment. It substitutes refer98 Stat. 2137, added items 1952A and 1952B.

ences to specific sections of the United States Code, 1970–Pub. L. 91-452, title VIII, § 803(b), Oct. 15,

1940 ed., in place of references to numerous acts of 1970, 84 Stat. 938, added item 1955.

Congress, in conformity to the style of the revision

bill. Subsection (c) as rephrased will preclude any con1962–Pub. L. 87-420, § 17(f), Mar. 20, 1962, 76 Stat. 43, added item 1954.

struction of implied repeal of the specified acts of

Congress codified in the sections enumerated. 1961–Pub. L, 87-228, § 1(b), Sept. 13, 1961, 75 Stat.

The words "attempts or conspires so to do" were 499, added item 1952.

substituted for sections 3 and 4 of the 1946 act, omitPub. L. 87--218, § 1, Sept. 13, 1961, 75 Stat. 492, added

ting as unnecessary the words "participates in an atitem 1953,

tempt" and the words “or acts in concert with another

or with others", in view of section 2 of this title which CHAPTER REFERRED TO IN OTHER SECTIONS

makes any person who participates in an unlawful enThis chapter is referred to in section 3582 of this

terprise or aids or assists the principal offender, or

does anything towards the accomplishment of the title; title 7 section 12a.

crime, a principal himself. & 1951. Interference with commerce by threats or vio

Words "shall, upon conviction thereof," were omitted as surplusage, since punishment cannot be im

posed until a conviction is secured. (a) Whoever in any way or degree obstructs,

REFERENCES IN TEXT delays, or affects commerce or the movement of any article or commodity in commerce, by rob Sections 101-115 of Title 29, referred to in subsec. bery or extortion or attempts or conspires so to (c), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. do, or commits or threatens physical violence to

70, popularly known as the Norris-LaGuardia Act. For

complete classification of this Act to the Code, see any person or property in furtherance of a plan

Short Title note set out under section 101 of Title 29, or purpose to do anything in violation of this

Labor, and Tables. section shall be fined not more than $10,000 or

Section 11 of that act, formerly classified to section imprisoned not more than twenty years, or 111 of Title 29, was repealed and reenacted as section both.

3692 of this title by act June 25, 1948, ch. 645, $ 21, 62 (b) As used in this section

Stat. 862, eff. Sept. 1, 1948. (1) The term “robbery" means the unlawful

Section 12 of that act, formerly classified to section

112 of Title 29, was repealed by act June 25, 1948, and taking or obtaining of personal property from

is covered by rule 42(b) of the Federal Rules of Crimi. the person or in the presence of another,

nal Procedure, set out in Appendix to this title. against his will, by means of actual or threat

Section 164 of Title 45, included within the referened force, or violence, or fear of injury, im ence in subsec. (c) to sections 151-188 of Title 45, was mediate or future, to his person or property, repealed by act Oct. 10, 1940, ch. 851, $ 4, 54 Stat. 1111. or property in his custody or possession, or See section 5 of Title 41, Public Contracts. the person or property of a relative or Section 186 of Title 45, included within the refer. member of his family or of anyone in his com

ence in subsec, (c) to sections 151-188 of Title 45, was

omitted from the Code. pany at the time of the taking or obtaining. (2) The term "extortion" means the obtain

SHORT TITLE ing of property from another, with his consent, induced by wrongful use of actual or

This section is popularly known as the “Hobbs Act". threatened force, violence, or fear, or under color of official right.

CROSS REFERENCES (3) The term “commerce" means commerce Wire or oral communications, authorization for within the District of Columbia, or any Terri interception, to provide evidence of offenses under tory or Possession of the United States; all

this section, see section 2516 of this title. commerce between any point in a State, Territory, Possession, or the District of Columbia

SECTION REFERRED TO IN OTHER SECTIONS and any point outside thereof; all commerce This section is referred to in sections 1961, 2516 of between points within the same State

this title; title 29 section 1111. through any place outside such State; and all other commerce over which the United States

§ 1952. Interstate and foreign travel or transportation has jurisdiction.

in aid of racketeering enterprises (c) This section shall not be construed to

(a) Whoever travels in interstate or foreign repeal, modify or affect section 17 of Title 15,

commerce or uses any facility in interstate or sections 52, 101-115, 151-166 of Title 29 or sec

foreign commerce, including the mail, with tions 151-188 of Title 45.

intent to

(1) distribute the proceeds of any unlawful (June 25, 1948, ch. 645, 62 Stat. 793.)

activity; or

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8

Inc tid

(2) commit any crime of violence to further

CROSS REFERENCES any unlawful activity; or

Wire or oral communications, authorization for (3) otherwise promote, manage, establish, interception, to provide evidence of offenses under carry on, or facilitate the promotion, manage- this section, see section 2516 of this title. ment, establishment, or carrying on, of any unlawful activity,

SECTION REFERRED TO IN OTHER SECTIONS and thereafter performs or attempts to perform This section is referred to in sections 1961, 2516 of any of the acts specified in subparagraphs (1),

this title, (2), and (3), shall be fined not more than

(8 1952A. Renumbered : 1958) $10,000 or imprisoned for not more than five years, or both.

[8 1952B. Renumbered 8 1959) (b) As used in this section “unlawful activity” means (1) any business enterprise involving $ 1953. Interstate transportation of wagering paragambling, liquor on which the Federal excise phernalia tax has not been paid, narcotics or controlled substances (as defined in section 102(6) of the

(a) Whoever, except a common carrier in the Controlled Substances Act), or prostitution of

usual course of its business, knowingly carries fenses in violation of the laws of the State in

or sends in interstate or foreign commerce any which they are committed or of the United

record, paraphernalia, ticket, certificate, bills, States, (2) extortion, bribery, or arson in viola

slip, token, paper, writing, or other device used, tion of the laws of the State in which commit

or to be used, or adapted, devised, or designed ted or of the United States, or (3) any act

for use in (a) bookmaking; or (b) wagering pools which is indictable under subchapter II of

with respect to a sporting event; or (c) in a chapter 53 of title 31, United States Code, or

numbers, policy, bolita, or similar game shall be under section 1956 or 1957 of this title.

fined not more than $10,000 or imprisoned for (c) Investigations of violations under this sec

not more than five years or both.

(b) This section shall not apply to (1) parimution involving liquor shall be conducted under the supervison of the Secretary of the Treas

tuel betting equipment, parimutuel tickets

where legally acquired, or parimutuel materials ury.

used or designed for use at racetracks or other (Added Pub. L. 87-228, $ 1(a), Sept. 13, 1961, 75 sporting events in connection with which betStat. 498, and amended Pub. L. 89-68, July 7, ting is legal under applicable State law, or (2) 1965, 79 Stat. 212; Pub. L. 91-513, title II, the transportation of betting materials to be 8 701(i)(2), Oct. 27, 1970, 84 Stat. 1282; Pub. L. used in the placing of bets or wagers on a sport99-570, title I, § 1365(a), Oct. 27, 1986, 100 Stat. ing event into a State in which such betting is 3207-35.)

legal under the statutes of that State, or (3) the

carriage or transportation in interstate or forREFERENCES IN TEXT

eign commerce of any newspaper or similar Section 102(6) of the Controlled Substances Act, re- publication, or (4) equipment, tickets, or mateferred to in subsec. (b)(1), is classified to section 802(6) rials used or designed for use within a State in of Title 21, Food and Drugs.

a lottery conducted by that State acting under

authority of State law, or (5) the transportaAMENDMENTS

tion in foreign commerce to a destination in a 1986–Subsec. (b)(3). Pub. L. 99-570 added cl. (3). foreign country of equipment, tickets, or mate1970–Subsec. (b)(1). Pub. L. 91-513, $ 701(i)(2)(A),

rials designed to be used within that foreign inserted “or controlled substances (as defined in sec- country in a lottery which is authorized by the tion 102(6) of the Controlled Substances Act)".

laws of that foreign country. Subsec. (c), Pub. L. 91-513, 8 701(i)(2)(B), struck out (c) Nothing contained in this section shall reference to investigations involving narcotics.

create immunity from criminal prosecution 1965–Subsec. (b)(2). Pub. L. 89-68 made section ap

under any laws of any State, Commonwealth of plicable to travel in aid of arson.

Puerto Rico, territory, possession, or the Dis

trict of Columbia. EFFECTIVE DATE OF 1970 AMENDMENT

(d) For the purposes of this section (1) Amendment by Pub. L. 91-513 effective on the first "State" means a State of the United States, the day of the seventh calendar month that begins after

District of Columbia, the Commonwealth of Oct. 26, 1970, see section 704 of Pub. L. 91-513, set out as an Effective Date note under section 801 of Title 21,

Puerto Rico, or any territory or possession of Food and Drugs.

the United States; and (2) "foreign country"

means any empire, country, dominion, colony, SAVINGS PROVISION

or protectorate, or any subdivision thereof

(other than the United States, its territories or Amendment of this section by Pub. L. 91-513 not to

possessions). affect or abate any prosecutions for any violation of law or any civil seizures or forfeitures and injunctive

(e) For the purposes of this section “lottery" proceedings commenced prior to the effective date of

means the pooling of proceeds derived from the such amendment, and all administrative proceedings

sale of tickets or chances and allotting those pending before the former Bureau of Narcotics and proceeds or parts thereof by chance to one or Dangerous Drugs on Oct. 27, 1970, were to be contin- more chance takers or ticket purchasers. “Lotued and brought to final determination in accord with tery” does not include the placing or accepting laws and regulations in effect prior to Oct. 27, 1970,

of bets or wagers on sporting events or contests. see section 702 of Pub. L. 91-513, set out as a Savings Provision note under section 321 of Title 21, Food and (Added Pub. L. 87-218, § 1, Sept. 13, 1961, 75 Drugs.

Stat. 492, and amended Pub. L. 93-583, § 3, Jan.

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