CLEAR Path Act

Full Title:
CLEAR Path Act

Summary#

This bill adds a new subsection to the federal criminal conflict-of-interest law (18 U.S.C. 207). It creates extended post-employment restrictions for people who serve in positions that require Senate confirmation. Those people would be barred from knowingly representing, aiding, or advising a foreign governmental entity of a listed "country of concern" before U.S. executive or legislative branch officers if the intent is to influence a decision. The bill defines key terms, excludes representation limited to U.S.-licensed attorneys providing legal advice, and ties the meaning of "country of concern" to the State Department Basic Authorities Act with one listed exception.

The bill also requires agencies to give notice of these restrictions when a person is appointed and when their service ends. It adds a process for the Secretary of State, consulted with the Attorney General, to propose adding or removing countries from the "country of concern" list. Any change becomes effective only if Congress enacts a specific joint resolution of approval. The measure includes a 30-day grace period for persons who represent a country newly added to the list and a sunset rule that ends the new restrictions for appointments made five years after the bill's enactment. The bill references punishment under section 216 for violations and makes conforming changes to the State Department statute.

What it means for you#

  • If you are appointed to a Senate-confirmed executive branch post on or after the bill becomes law, you may face a criminal ban on representing, aiding, or advising certain foreign entities before U.S. officials when the intent is to influence official decisions.
  • Agencies must tell you about these restrictions when you start and when you leave the job.
  • The ban does not count routine legal representation by a U.S.-licensed attorney giving legal advice.
  • The Secretary of State and Attorney General can propose changes to which countries are covered, but Congress must approve such changes by a special joint resolution. A 30-day grace period applies when a country is newly added.
  • Five years after enactment, the new restrictions will no longer apply to people appointed on or after that date, though actions taken before the sunset remain subject to the rule.

Expenses#

No publicly available information.

Proponents' View#

The bill's text includes a "Sense of Congress" that highlights preventing and mitigating potential conflicts of interest after government service, especially for senior officials who might work on behalf of foreign governments. It says Congress and the executive branch should jointly evaluate post-employment restrictions.

Opponents' View#

No publicly available information.