Title 18, Crimes and Criminal ProcedureRelease 119-110
§1916 Unauthorized Employment and Disposition of Lapsed Appropriations
Title 18 › PART I — CRIMES › CHAPTER 93 — PUBLIC OFFICERS AND EMPLOYEES › § 1916
Summary
Criminalizes paying a federal worker at the capital for work not actually done, or keeping lapsed or unused salary funds instead of returning them to the Treasury. Penalty: fine, imprisonment not more than one year, or both.
Full Legal Text
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;
shall be fined under this title or imprisoned not more than one year, or both.
Legislative History
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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 1916
Title 18, Crimes and Criminal Procedure
Last Updated
Sep 22, 2026
Release point: 119-110