Reading Room Document

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

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. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23306/download.

April 29, 1991