Notes on 22 U.S.C. § 611 : US Code - Notes

Search Notes on 22 U.S.C. § 611 : US Code - Notes

    (June 8, 1938, ch. 327, Sec. 1, 52 Stat. 631; Aug. 7, 1939, ch.
    521, Sec. 1, 53 Stat. 1244; Apr. 29, 1942, ch. 263, Sec. 1, 56
    Stat. 249; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat.
    1352; Sept. 23, 1950, ch. 1024, title I, Sec. 20(a), 64 Stat. 1005;
    Aug. 1, 1956, ch. 849, Sec. 1, 70 Stat. 899; Pub. L. 87-366, Sec.
    1, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89-486, Sec. 1, July 4,
    1966, 80 Stat. 244; Pub. L. 91-375, Sec. 6(k), Aug. 12, 1970, 84
    Stat. 782; Pub. L. 104-65, Sec. 9(1), Dec. 19, 1995, 109 Stat.
    699.)


                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (m), see
    section 3602(b) of this title.


                               CODIFICATION                           
      Words "including the Philippine Islands," omitted from definition
    of "United States" in subsec. (m) pursuant to Proc. No. 2695, which
    granted independence to the Philippines under the authority of
    section 1394 of this title, under which section Proc. No. 2695 is
    set out as a note.



                                AMENDMENTS                            
      1995 - Subsec. (j). Pub. L. 104-65, Sec. 9(1)(A), struck out
    subsec. (j) which read as follows: "The term 'political propaganda'
    includes any oral, visual, graphic, written, pictorial, or other
    communication or expression by any person (1) which is reasonably
    adapted to, or which the person disseminating the same believes
    will, or which he intends to, prevail upon, indoctrinate, convert,
    induce, or in any other way influence a recipient or any section of
    the public within the United States with reference to the political
    or public interests, policies, or relations of a government of a
    foreign country or a foreign political party or with reference to
    the foreign policies of the United States or promote in the United
    States racial, religious, or social dissensions, or (2) which
    advocates, advises, instigates, or promotes any racial, social,
    political, or religious disorder, civil riot, or other conflict
    involving the use of force or violence in any other American
    republic or the overthrow of any government or political
    subdivision of any other American republic by any means involving
    the use of force or violence. As used in this subsection the term
    'disseminating' includes transmitting or causing to be transmitted
    in the United States mails or by any means or instrumentality of
    interstate or foreign commerce or offering or causing to be offered
    in the United States mails;".
      Subsec. (o). Pub. L. 104-65, Sec. 9(1)(B), substituted "any
    activity that the person engaging in believes will, or that the
    person intends to, in any way influence" for "the dissemination of
    political propaganda and any other activity which the person
    engaging therein believes will, or which he intends to, prevail
    upon, indoctrinate, convert, induce, persuade, or in any other way
    influence".
      Subsec. (p). Pub. L. 104-65, Sec. 9(1)(C), substituted a period
    for semicolon at end.
      Subsec. (q). Pub. L. 104-65, Sec. 9(1)(D), struck out subsec. (q)
    which read as follows: "For the purpose of section 613(d) of this
    title, activities in furtherance of the bona fide commercial,
    industrial or financial interests of a domestic person engaged in
    substantial commercial, industrial or financial operations in the
    United States shall not be deemed to serve predominantly a foreign
    interest because such activities also benefit the interests of a
    foreign person engaged in bona fide trade or commerce which is
    owned or controlled by, or which owns or controls, such domestic
    person: Provided, That (i) such foreign person is not, and such
    activities are not directly or indirectly supervised, directed,
    controlled, financed or subsidized in whole or in substantial part
    by, a government of a foreign country or a foreign political party,
    (ii) the identity of such foreign person is disclosed to the agency
    or official of the United States with whom such activities are
    conducted, and (iii) whenever such foreign person owns or controls
    such domestic person, such activities are substantially in
    furtherance of the bona fide commercial, industrial or financial
    interests of such domestic person."
      1970 - Subsec. (d). Pub. L. 91-375 substituted "file with the
    United States Postal Service information in compliance with section
    3611 of title 39" for "file with the Postmaster General a sworn
    statement in compliance with section 2 of the Act of August 24,
    1912 (37 Stat. 553), as amended".
      1966 - Subsec. (b). Pub. L. 89-486, Sec. 1(1), redesignated
    former pars. (3) and (4) as (2) and (3), substituted in such par.
    (3) "combination of persons" for "combination of individuals" and
    struck out from definition of "foreign principal" former pars. (2),
    (5), and (6) which included "(2) an individual affiliated or
    associated with, or supervised, directed, controlled, financed, or
    subsidized, in whole or in part, by any foreign principal defined
    in clause (1) of this subsection"; "(5) a domestic partnership,
    association, corporation, organization, or other combination of
    individuals, subsidized directly or indirectly, in whole or in
    part, by any foreign principal defined in clause (1), (3), or (4)
    of this subsection"; and "(6) a domestic partnership, association,
    corporation, or other combination of individuals, supervised,
    directed, controlled, or financed, in whole or in substantial part,
    by any foreign government or foreign political party".
      Subsec. (c). Pub. L. 89-486, Sec. 1(2), amended provisions
    generally to redefine "agent of a foreign principal" by specifying
    four categories of activities creating the agency relationship
    where person acts as agent, employee, representative, or servant or
    at the order of, or under the control of, a foreign principal, by
    requiring a showing not only of foreign connections but also of
    certain activities performed by the agent for foreign interests, by
    making change as it relates to problem of indirect control exerted
    by foreign principals over their agents, by including political
    activities and actions as political consultant, by excluding
    attorneys from the relationship, by incorporating provisions of
    former par. (3) in par. (2) where a person assumes or purports to
    act as an agent of a foreign principal, and by eliminating the
    separate category for military or governmental officials contained
    in former par. (4).
      Subsec. (d). Pub. L. 89-486, Sec. 1(3), struck out "clause (1),
    (2), or (4) of" before "subsection (b)".
      Subsec. (g). Pub. L. 89-486, Sec. 1(4), inserted "public
    relations" before "matter pertaining to" and "of such principal"
    after "or relations".
      Subsecs. (o) to (q). Pub. L. 89-486, Sec. 1(5), added subsecs.
    (o) to (q).
      1961 - Subsec. (b)(6). Pub. L. 87-366 added par. (6).
      1956 - Subsec. (c)(5). Act Aug. 1, 1956, repealed par. (5) which
    included within definition of "agent of a foreign principal" any
    person trained in foreign espionage systems with certain
    exceptions. See sections 851 and 852 of Title 50, War and National
    Defense.
      1950 - Subsec. (c)(5). Act Sept. 23, 1950, added par. (5).
      1942 - Act Apr. 29, 1942, amended section generally to redefine
    terms used in this subchapter.
      1939 - Act Aug. 7, 1939, amended section generally to redefine
    terms used in this subchapter.

                     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 OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by Board of Governors of
    United States Postal Service and published by it in Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
    Service.

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      Section 9 of Pub. L. 89-486 provided that: "This Act [enacting
    sections 219 and 613 of Title 18, Crimes and Criminal Procedure,
    and amending this section and sections 612 to 616 and 618 of this
    title] shall take effect ninety days after the date of its
    enactment [July 4, 1966]."

                     EFFECTIVE DATE OF 1942 AMENDMENT                 
      Section 3 of act Apr. 29, 1942, provided that: "This Act
    [amending this subchapter] shall take effect on the sixtieth day
    after the date of its approval, 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
    the provisions of this Act [amending this subchapter]."

                              EFFECTIVE DATE                          
      Section 7 of act June 8, 1938, provided that: "This Act [enacting
    this subchapter] shall take effect on the ninetieth day after the
    date of its enactment [June 8, 1938]."

                                SHORT TITLE                            
      Section 14 of act June 8, 1938, as added by act Apr. 29, 1942,
    Sec. 1, provided that: "This Act [enacting this subchapter] may be
    cited as the 'Foreign Agents Registration Act of 1938, as
    amended'."

                   SEPARABILITY; EFFECT ON EXISTING LAW               
      Sections 12 and 13 of act June 8, 1938, as added by act Apr. 29,
    1942, Sec. 1, provided that:
      "Sec. 12. If any provision of this Act [enacting this
    subchapter], or the application thereof to any person or
    circumstances, is held invalid, the remainder of the Act, and the
    application of such provisions to other persons or circumstances,
    shall not be affected thereby.
      "Sec. 13. This Act [enacting this subchapter] is an addition to
    and not in substitution for any other existing statute."



                           TRANSFER OF FUNCTIONS                       
      Section 2 of act Apr. 29, 1942, provided that: "Upon the
    effective date of this Act [see Effective Date of 1942 Amendment
    note above], all powers, duties, and functions of the Secretary of
    State under the Act of June 8, 1938 (52 Stat. 631), as amended
    [this subchapter], shall be transferred to and become vested in the
    Attorney General, together with all property, books, records, and
    unexpended balances of appropriations used by or available to the
    Secretary of State for carrying out the functions devolving on him
    under the above-cited Act. All rules, regulations, and forms which
    have been issued by the Secretary of State pursuant to the
    provisions of said Act, and which are in effect, shall continue in
    effect until modified, superseded, revoked, or repealed."



                     POLICY AND PURPOSE OF SUBCHAPTER                 
      Act Apr. 29, 1942, amending generally act June 8, 1938, added an
    opening paragraph preceding section 1 of the latter act and reading
    as follows: "It is hereby declared to be the policy and purpose of
    this Act [enacting this subchapter] to protect the national
    defense, internal security, and foreign relations of the United
    States by requiring public disclosure by persons engaging in
    propaganda activities and other activities for or on behalf of
    foreign governments, foreign political parties, and other foreign
    principals so that the Government and the people of the United
    States may be informed of the identity of such persons and may
    appraise their statements and actions in the light of their
    associations and activities."


    (footnote 1) So in original. Probably should be "Except".

    (footnote 2) So in original. Probably should be section "3685".