§1916 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is illegal for anyone to employ a federal civil-service worker in an Executive department in Washington, D.C., unless that person actually does the work tied to the specific funding that pays them. It is also illegal to keep or use money that comes from lapsed salaries or unused salary appropriations instead of sending those funds to the U.S. Treasury.

Title 18, §1916

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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;

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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 sentence, 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 section 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.

§1916 Unauthorized employment and disposition of lapsed appropriations