Title 18 — Crimes and Criminal Procedure
Part I · Chapter 11 — Bribery, Graft, and Conflicts of Interest
§ 219. Officers and employees acting as agents of foreign principals
Statutory text
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.
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.
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.
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. 89–486 § 8(b) · 80 Stat. 244
Enacted · 18 U.S.C. § 219
Added Pub. L. 89–486, § 8(b), July 4, 1966, 80 Stat. 249
Source evidence
Code source credit
Added Pub. L. 89–486, § 8(b), July 4, 1966, 80 Stat. 249Enacted provision · exact public law section
(b) Chapter 11 of title 18, United States Code, is amended by 62 Stat. 690; 76 Stat. 1119. adding at the end thereof a new section as follows: “§ 219. Officers and employees acting as agents of foreign principals “Whoever, being an officer or employee 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. “Nothing in this section shall apply to the employment of any agent Exemption. 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 lie 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.”Comprehensive Crime Control Act of 1984
Pub. L. 98–473 title II § 1116 · 98 Stat. 1837
Substituted · 18 U.S.C. § 219
Pub. L. 98–473 substituted “a public official” for “an officer or employee” in first par.
Inserted · 18 U.S.C. § 219
Pub. L. 98–473 inserted par. defining “public official”
Source evidence
Code amendment note
Pub. L. 98–473 substituted “a public official” for “an officer or employee” in first par., and inserted par. defining “public official”.Enacted provision · exact public law section
Sec. 1116. Section 219 of title 18, United States Code, is amended by: (1) striking out “an officer or employee” and inserting in lieu thereof “a public official”; and (2) adding at the end thereof the following new paragraph: “For the purpose of this section ‘public official’ means Member of Congress, the Delegate from the District of Columbia, 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 Governments thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror.”.Criminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 30(1) · 100 Stat. 3592
Amended · 18 U.S.C. § 219(a)
Pub. L. 99–646, § 30(1), designated first par. as subsec. (a)
Amended · 18 U.S.C. § 219(a)
Pub. L. 99–646, § 30(1), 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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(1) so that the first paragraph reads as follows: “(a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents 22 USC 611. Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both.”;Criminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 30(2) · 100 Stat. 3592
Amended · 18 U.S.C. § 219(b)
Pub. L. 99–646, § 30(2), designated second par. as subsec. (b)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–646, § 30(2), designated second par. as subsec. (b).Enacted provision · exact public law section
(2) by redesignating the second and third paragraphs as subsection (b) and (c), respectively; andCriminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 30(2) · 100 Stat. 3592
Amended · 18 U.S.C. § 219(c)
Pub. L. 99–646, § 30(2), (3), designated third par. as subsec. (c)
Substituted · 18 U.S.C. § 219(c)
Pub. L. 99–646, § 30(2), (3), substituted “Delegate” for “Delegate from the District of Columbia”
Substituted · 18 U.S.C. § 219(c)
Pub. L. 99–646, § 30(2), (3), substituted “branch of Government” for “branch of Government, or a juror”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) by redesignating the second and third paragraphs as subsection (b) and (c), respectively; andCrime Control Act of 1990
Pub. L. 101–647 title XXXV § 3511 · 104 Stat. 4789
Substituted · 18 U.S.C. § 219(c)
Pub. L. 101–647 substituted “Government” for “Governments” before “thereof”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–647 substituted “Government” for “Governments” before “thereof”.Enacted provision · exact public law section
SEC. 3511. CORRECTION TO SECTION 219. Section 219(c) of title 18, United States Code, is amended by striking “Governments” and inserting “Government”.Lobbying Disclosure Act of 1995
Pub. L. 104–65 § 12(b) · 109 Stat. 691
Substituted · 18 U.S.C. § 219(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,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
(b) Amendments to Title 18, United States Code.— Section 219(a) of title 18, United States Code, is amended— (1) by inserting “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” after “an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938”; and (2) by striking out “, as amended,”.Effective date note
Amendment 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.
11 of 11 references resolved to an enrolled provision
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, , 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.
Amendments1984–1995 · 4 rounds
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 Amendment
Amendment by Pub. L. 104–65 effective , 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 , 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.
Credits
1966–1995 · 5 acts
- 1966Added Pub. L. 89–486, § 8(b), , 80 Stat. 249
- 1984amended Pub. L. 98–473, title II, § 1116, , 98 Stat. 2149
- 1986Pub. L. 99–646, § 30, , 100 Stat. 3598
- 1990Pub. L. 101–647, title XXXV, § 3511, , 104 Stat. 4922
- 1995Pub. L. 104–65, § 12(b), , 109 Stat. 701.
Show as published
(Added Pub. L. 89–486, § 8(b), , 80 Stat. 249; amended Pub. L. 98–473, title II, § 1116, , 98 Stat. 2149; Pub. L. 99–646, § 30, , 100 Stat. 3598; Pub. L. 101–647, title XXXV, § 3511, , 104 Stat. 4922; Pub. L. 104–65, § 12(b), , 109 Stat. 701.)