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

Summary

A public official who works as an agent for a foreign principal that must register under the Foreign Agents Registration Act of 1938, or who lobbies for a foreign entity that must register under the Lobbying Disclosure Act of 1995, can be fined, jailed for up to two years, or both. An agency head can allow the person to be a special Government employee if they certify it is required in the national interest; that certificate must be sent to the Attorney General to be filed with the agent’s registration and made public under section 6 of FARA. "Public official" means a Member of Congress (including a Delegate or the Resident Commissioner, before or after qualification) or any U.S. officer, employee, or person acting for a U.S. department, agency, branch, or the District of Columbia.

Title 18, §219

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be fined under this title or imprisoned for not more than two years, or both.

(b)Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended.

(c)For the purpose of this section “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Agents Registration Act of 1938, as amended, referred to in subsec. (a), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. section 6 of the Foreign Agents Registration Act of 1938 is classified to section 616 of Title 22. For complete classification of this Act to the Code, see

Short Title

note set out under section 611 of Title 22 and Tables. The Lobbying Disclosure Act of 1995, referred to in subsec. (a), is Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, which is classified principally to chapter 26 (§ 1601 et seq.) of Title 2, The Congress. section 3(6) of the Act is classified to section 1602(6) of Title 2. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 2 and Tables.

Prior Provisions

A prior section 219 was renumbered section 214.

Amendments

1995—Subsec. (a). Pub. L. 104–65 substituted “or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act” for “, as amended,”. 1990—Subsec. (c). Pub. L. 101–647 substituted “Government” for “Governments” before “thereof”. 1986—Subsec. (a). Pub. L. 99–646, § 30(1), designated first par. as subsec. (a) and amended it generally, which prior to amendment read as follows: “Whoever, being a public official of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined not more than $10,000 or imprisoned for not more than two years, or both.” Subsec. (b). Pub. L. 99–646, § 30(2), designated second par. as subsec. (b). Subsec. (c). Pub. L. 99–646, § 30(2), (3), designated third par. as subsec. (c) and substituted “Delegate” for “Delegate from the District of Columbia” and “branch of Government” for “branch of Government, or a juror”. 1984—Pub. L. 98–473 substituted “a public official” for “an officer or employee” in first par., and inserted par. defining “public official”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an

Effective Date

note under section 1601 of Title 2, The Congress.

Effective Date

Section effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as an

Effective Date

of 1966 Amendment note under section 611 of Title 22, Foreign Relations and Intercourse.

§219 Officers and employees acting as agents of foreign principals

Summary

Title 18, §219

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