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Applicability of 18 U.S.C. § 219 to Members of Federal Advisory Committees

Date of Issuance:

Section 219(a) of Title 18 of the United States Code applies to members of federal advisory committees, including the Advisory Committee for Trade Policy and Negotiations, that are governed by the Federal Advisory Committee Act.

Section 219(b) may be used to exempt advisory committee members who are “special government employees,” but may not be used to exempt “representative” members, who are generally not considered government employees.

The Emoluments Clause prohibits an individual who is an agent of a foreign government from serving on an advisory committee, unless Congress has consented to such service.

Updated July 9, 2014