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§ 1916. —  Unauthorized employment and disposition of lapsed appropriations.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC1916]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES
 
Sec. 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 under this title or imprisoned not more than one year, or 
both.

(Added Pub. L. 89-554, Sec. 3(d), Sept. 6, 1966, 80 Stat. 608; amended 
Pub. L. 104-294, title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 
3498; Pub. L. 107-273, div. B, title III, Sec. 3002(a)(3), Nov. 2, 2002, 
116 Stat. 1805.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 47 (less so much as  Aug. 23, 1912, ch.
                      relates to removal).          350, Sec.  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, Secs. 6, 8, 34 Stat. 449, and Sept. 23, 1950, ch. 1010, 
Sec. 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.


                               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.



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