§ 219. — Officers and employees acting as agents of foreign principals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC219]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 219. Officers and employees acting as agents of foreign
principals
(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.
(Added Pub. L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249; amended
Pub. L. 98-473, title II, Sec. 1116, Oct. 12, 1984, 98 Stat. 2149; Pub.
L. 99-646, Sec. 30, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 101-647,
title XXXV, Sec. 3511, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 104-65,
Sec. 12(b), Dec. 19, 1995, 109 Stat. 701.)
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, as amended,
which is classified generally to subchapter II (Sec. 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 (Sec. 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, Sec. 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, Sec. 30(2), designated second par. as
subsec. (b).
Subsec. (c). Pub. L. 99-646, Sec. 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''.
Effective Date of 1995 Amendment
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.
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.
