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Title 22 — Foreign Relations and Intercourse

Chapter 11 — Foreign Agents and Propaganda

§ 614. Filing and labeling of political propaganda

Statutory text

(a)

Copies to Attorney General; statement as to places, times, and extent of transmission

Every person within the United States who is an agent of a foreign principal and required to register under the provisions of this subchapter and who transmits or causes to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials for or in the interests of such foreign principal (i) in the form of prints, or (ii) in any other form which is reasonably adapted to being, or which he believes will be, or which he intends to be, disseminated or circulated among two or more persons shall, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Attorney General two copies thereof.

(b)

Identification statement

It shall be unlawful for any person within the United States who is an agent of a foreign principal and required to register under the provisions of this subchapter to transmit or cause to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials for or in the interests of such foreign principal without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.

(c)

Public inspection

The copies of informational materials required by this subchapter to be filed with the Attorney General shall be available for public inspection under such regulations as he may prescribe.

(d)

Library of Congress

For purposes of the Library of Congress, other than for public distribution, the Secretary of the Treasury and the United States Postal Service are authorized, upon the request of the Librarian of Congress, to forward to the Library of Congress fifty copies, or as many fewer thereof as are available, of all foreign prints determined to be prohibited entry under the provisions of section 1305 of title 19 and of all foreign prints excluded from the mails under authority of section 1717 of title 18.

Notwithstanding the provisions of section 1305 of title 19 and of section 1717 of title 18, the Secretary of the Treasury is authorized to permit the entry and the United States Postal Service is authorized to permit the transmittal in the mails of foreign prints imported for governmental purposes by authority or for the use of the United States or for the use of the Library of Congress.

(e)

Information furnished to agency or official of United States Government

It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this subchapter to transmit, convey, or otherwise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the interests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this subchapter.

(f)

Appearances before Congressional committees

Whenever any agent of a foreign principal required to register under this subchapter appears before any committee of Congress to testify for or in the interests of such foreign principal, he shall, at the time of such appearance, furnish the committee with a copy of his most recent registration statement filed with the Department of Justice as an agent of such foreign principal for inclusion in the records of the committee as part of his testimony.

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.

  1. Pub. L. 75–327 § 4 · 52 Stat. 631

    Enacted · 22 U.S.C. § 614

    June 8, 1938, ch. 327, § 4, 52 Stat. 632

    Source evidence

    Code source credit
    June 8, 1938, ch. 327, § 4, 52 Stat. 632

    Enacted provision · exact public law section
    Sec. 4. The Secretary shall retain in permanent form all statements filed under this Act, and such statements shall be public records and open to public examination and inspection at all reasonable hours, under such rules and regulations as the Secretary may prescribe.

  2. Pub. L. 89–486 § 4(1) · 80 Stat. 244

    1. Inserted · 22 U.S.C. § 614(a)

      Pub. L. 89–486, § 4(1), inserted “for or in the interests of such foreign principal” after “political propaganda”

    2. Substituted · 22 U.S.C. § 614(a)

      Pub. L. 89–486, § 4(1), substituted “file with the Attorney General two copies thereof” for “sent to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–486, § 4(1), inserted “for or in the interests of such foreign principal” after “political propaganda” and substituted “file with the Attorney General two copies thereof” for “sent to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof”.

    Enacted provision · exact public law section
    (1) Subsection (a) is amended by inserting after the words “political propaganda” the words “for or in the interests of such foreign principal”; and by striking out the words “sent to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof” and inserting in lieu thereof the words “file with the Attorney General two copies thereof”.

  3. Pub. L. 89–486 § 4(2) · 80 Stat. 244

    1. Inserted · 22 U.S.C. § 614(b)

      Pub. L. 89–486, § 4(2), inserted “for or in the interests of such foreign principal” after “political propaganda”, where first appearing, and “the relationship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda;” after “setting forth”

    2. Substituted · 22 U.S.C. § 614(b)

      Pub. L. 89–486, § 4(2), substituted “such foreign principal” for each of his foreign principals”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 89–486, § 4(2), inserted “for or in the interests of such foreign principal” after “political propaganda”, where first appearing, and “the relationship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda;” after “setting forth” and substituted “such foreign principal” for each of his foreign principals”.

    Enacted provision · exact public law section
    (2) Subsection (b) is amended by inserting after the words “political propaganda” where they first appear the words “for or in the interests of such foreign principal”; by inserting after the words “setting forth” the words “the. relationship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda;”; and by striking out the words “each of his foreign principals” and inserting in lieu thereof “such foreign principal”.

  4. Pub. L. 89–486 § 4(3) · 80 Stat. 244

    Substituted · 22 U.S.C. § 614(c)

    Pub. L. 89–486, § 4(3), substituted “filed with the Attorney General” for “sent to the Librarian of Congress”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 89–486, § 4(3), substituted “filed with the Attorney General” for “sent to the Librarian of Congress”.

    Enacted provision · exact public law section
    (3) Subsection (c) is amended by striking out the words “sent to the Librarian of Congress” and inserting in lieu thereof the words “filed with the Attorney General”.

  5. Pub. L. 89–486 § 4(4) · 80 Stat. 244

    Added · 22 U.S.C. § 614(e); 22 U.S.C. § 614(f)

    Pub. L. 89–486, § 4(4), added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 89–486, § 4(4), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (4) Such section is further amended by adding at the end thereof the following new subsections: “(e) It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this Act to transmit, convey, or otherwise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the interests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this Act. “(f) Whenever any agent of a foreign principal required to register under this Act appears before any committee of Congress to testify for or in the interests of such foreign principal, he shall, at the time of such appearance, furnish the committee with a copy of his most recent registration statement filed with the Department of Justice as an agent of such foreign principal for inclusion in the records of the committee as part of his testimony.”

  6. Lobbying Disclosure Act of 1995

    Pub. L. 104–65 § 9(4)(B) · 109 Stat. 691

    Struck · 22 U.S.C. § 614(a)

    Pub. L. 104–65, § 9(4)(B), which directed striking out “and a statement, duly signed by or on behalf of such an agent, setting forth full information as to the places, times, and extent of such transmittal” after “Attorney General two copies thereof”, was executed by striking out such language, which read in part “on behalf of such agent”, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–65, § 9(4)(B), which directed striking out “and a statement, duly signed by or on behalf of such an agent, setting forth full information as to the places, times, and extent of such transmittal” after “Attorney General two copies thereof”, was executed by striking out such language, which read in part “on behalf of such agent”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (B) by striking “and a statement, duly signed by or on behalf of such an agent, setting forth full information as to the places, times, and extent of such transmittal”;

    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.

  7. Lobbying Disclosure Act of 1995

    Pub. L. 104–65 § 9(4)(A) · 109 Stat. 691

    Substituted · 22 U.S.C. § 614(a)

    Pub. L. 104–65, § 9(4)(A), substituted “informational materials” for “political propaganda”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–65, § 9(4)(A), substituted “informational materials” for “political propaganda”.

    Enacted provision · exact public law section
    (A) by striking “political propaganda” and inserting “informational materials”; and

    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.

  8. Lobbying Disclosure Act of 1995

    Pub. L. 104–65 § 9(5) · 109 Stat. 691

    1. Substituted · 22 U.S.C. § 614(b)

      Pub. L. 104–65, § 9(5), substituted “informational materials for or” for “political propaganda for or”

    2. Substituted · 22 U.S.C. § 614(b)

      Pub. L. 104–65, § 9(5), substituted “without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.” for cls. (i) and (ii) and concluding provisions which made it unlawful for an agent of a foreign principal to transmit in the United States political propaganda unless the propaganda identified the agent and contained information about the registration of the agent and authorized the Attorney General to prescribe regulations relating to the information to be provided

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–65, § 9(5), substituted “informational materials for or” for “political propaganda for or” and substituted “without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.” for cls. (i) and (ii) and concluding provisions which made it unlawful for an agent of a foreign principal to transmit in the United States political propaganda unless the propaganda identified the agent and contained information about the registration of the agent and authorized the Attorney General to prescribe regulations relating to the information to be provided.

    Enacted provision · exact public law section
    (5) in section 4(b) (22 U.S.C. 614(b))— (A) in the matter preceding clause (i), by striking “political propaganda” and inserting “informational materials”; and (B) by striking “(i) in the form of prints, or” and all that follows through the end of the subsection and inserting “without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.”;

    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.

  9. Lobbying Disclosure Act of 1995

    Pub. L. 104–65 § 9(6) · 109 Stat. 691

    Substituted · 22 U.S.C. § 614(c)

    Pub. L. 104–65, § 9(6), substituted “informational materials” for “political propaganda”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–65, § 9(6), substituted “informational materials” for “political propaganda”.

    Enacted provision · exact public law section
    (6) in section 4(c) (22 U.S.C. 614(c)), by striking “political propaganda” and inserting “informational materials”;

    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.

12 of 12 references resolved to an enrolled provision

Editorial Notes

Codification

Section 1717 of title 18, referred to in subsec. (d), was in the original “section 1 of title XII of the Act of June 15, 1917 (40 Stat. 230)” which was classified to section 343 of former Title 18, Criminal Code and Criminal Procedure. “Section 1717 of title 18” substituted for “section 343 of title 18” on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedure.

Prior Provisions

Prior to general amendment of act , by act , section related to retention of statements as public records. Provisions on that subject were incorporated in section 616 of this title by 1942 amendment.

Amendments1939–1995 · 4 rounds

1995

Subsec. (a). Pub. L. 104–65, § 9(4)(B), which directed striking out “and a statement, duly signed by or on behalf of such an agent, setting forth full information as to the places, times, and extent of such transmittal” after “Attorney General two copies thereof”, was executed by striking out such language, which read in part “on behalf of such agent”, to reflect the probable intent of Congress.

Pub. L. 104–65, § 9(4)(A), substituted “informational materials” for “political propaganda”.

Subsec. (b). Pub. L. 104–65, § 9(5), substituted “informational materials for or” for “political propaganda for or” and substituted “without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.” for cls. (i) and (ii) and concluding provisions which made it unlawful for an agent of a foreign principal to transmit in the United States political propaganda unless the propaganda identified the agent and contained information about the registration of the agent and authorized the Attorney General to prescribe regulations relating to the information to be provided.

Subsec. (c). Pub. L. 104–65, § 9(6), substituted “informational materials” for “political propaganda”.

1966

Subsec. (a). Pub. L. 89–486, § 4(1), inserted “for or in the interests of such foreign principal” after “political propaganda” and substituted “file with the Attorney General two copies thereof” for “sent to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof”.

Subsec. (b). Pub. L. 89–486, § 4(2), inserted “for or in the interests of such foreign principal” after “political propaganda”, where first appearing, and “the relationship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda;” after “setting forth” and substituted “such foreign principal” for each of his foreign principals”.

Subsec. (c). Pub. L. 89–486, § 4(3), substituted “filed with the Attorney General” for “sent to the Librarian of Congress”.

Subsecs. (e), (f). Pub. L. 89–486, § 4(4), added subsecs. (e) and (f).

1942

Act , amended section generally.

1939

Act , amended section generally.

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 of 1966 Amendment

Amendment by Pub. L. 89–486 effective ninety days after , see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.

Effective Date of 1942 Amendment

Amendment by act , effective on the sixtieth day after , except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act , see section 3 of act , set out as a note under section 611 of this title.

Transfer of Functions

In subsec. (d), “United States Postal Service” substituted for “Postmaster General” in two places pursuant to Pub. L. 91–375, § 4(a), , 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service.

Credits

1938–1995 · 6 acts
  1. 1938June 8, 1938, ch. 327, § 4, 52 Stat. 632
  2. 1939Aug. 7, 1939, ch. 521, § 3, 53 Stat. 1246
  3. 1942Apr. 29, 1942, ch. 263, § 1, 56 Stat. 255
  4. 1966Pub. L. 89–486, § 4, , 80 Stat. 246
  5. 1970Pub. L. 91–375, § 4(a), , 84 Stat. 773
  6. 1995Pub. L. 104–65, § 9(4)–(6), , 109 Stat. 700.
Show as published

(June 8, 1938, ch. 327, § 4, 52 Stat. 632; Aug. 7, 1939, ch. 521, § 3, 53 Stat. 1246; Apr. 29, 1942, ch. 263, § 1, 56 Stat. 255; Pub. L. 89–486, § 4, , 80 Stat. 246; Pub. L. 91–375, § 4(a), , 84 Stat. 773; Pub. L. 104–65, § 9(4)–(6), , 109 Stat. 700.)

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