Title 18 — Crimes and Criminal Procedure
Part I · Chapter 93 — Public Officers and Employees
§ 1916. Unauthorized employment and disposition of lapsed appropriations
Statutory text
Whoever—
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
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
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.
Pub. L. 89–554 § 3(d) · 80 Stat. 378
Enacted · 18 U.S.C. § 1916
Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 608
Source evidence
Code source credit
Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 608Enacted 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.”Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 601(a)(8) · 110 Stat. 3488
Substituted · 18 U.S.C. § 1916
Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions
Source evidence
Code amendment note
Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions.Enacted provision · exact public law section
(8) Sections 1821, 1851, 1852, 1853, 1854, 1905, 1916, 1918, 1991, 2115, 2116, 2191, 2192, 2194, 2199, 2234, 2235, and 2236 of title 18, United States Code, are each amended by striking “fined not more than $1,000” each place it appears and inserting “fined under this title”.21st Century Department of Justice Appropriations Authorization Act
Pub. L. 107–273 div. B title III § 3002(a)(3) · 116 Stat. 1758
Inserted · 18 U.S.C. § 1916
Pub. L. 107–273 inserted “, or both” after “year” in concluding provisions
Source evidence
Code amendment note
Pub. L. 107–273 inserted “, or both” after “year” in concluding provisions.Enacted provision · exact public law section
(3) in sections 1916, 2234, and 2235, by inserting “, or both” after “year”.
3 of 3 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised 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 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.
Editorial Notes
Amendments1996–2002 · 2 rounds
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.
Credits
1966–2002 · 3 acts
- 1966Added Pub. L. 89–554, § 3(d), , 80 Stat. 608
- 1996amended Pub. L. 104–294, title VI, § 601(a)(8), , 110 Stat. 3498
- 2002Pub. L. 107–273, div. B, title III, § 3002(a)(3), , 116 Stat. 1805.
Show as published
(Added Pub. L. 89–554, § 3(d), , 80 Stat. 608; amended Pub. L. 104–294, title VI, § 601(a)(8), , 110 Stat. 3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3), , 116 Stat. 1805.)