CLEAR Path Act

This section would give the Act a short title: the Conflict-free Leaving Employment and Activity Restrictions Path Act, also called the CLEAR Path Act.

This section states an opinion of Congress rather than a binding rule. It says that Congress and the executive branch have recognized how important it is to prevent and reduce conflicts of interest that can arise after government officials leave their positions, including cases where senior United States officials go on to work on behalf of foreign governments. It also says that Congress and the executive branch should jointly review the current status and scope of the rules that restrict what former officials may do after they leave government service.

This section would add a new subsection to the federal post-employment restrictions law (section 207 of title 18, United States Code). The new subsection defines four terms: 'country of concern' and 'foreign governmental entity' each take the meaning already given to that term in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)); 'represent' does not include representation by an attorney who is duly licensed and authorized to give legal advice in a United States jurisdiction, when that attorney is representing a person or entity in a legal capacity or giving legal advice; and 'Senate-confirmed position' means a position in an executive branch department or agency for which the President must appoint someone with the Senate's advice and consent. For a person who serves, or served, as the head or deputy head of an executive branch department or agency, or in any other position in that department or agency that requires Senate confirmation, this section would apply the restrictions already described in section 207(f)(1) of title 18 to that person at any time after that person's service in the position ends, with no time limit on how long after. Those restrictions would apply if the person knowingly represents, aids, or advises a foreign governmental entity of a country of concern before an officer or employee of the executive or legislative branch of the United States, and does so with the intent to influence that officer's or employee's decision in carrying out their official duties. The department or agency where the person serves would have to notify that person of these restrictions twice: once when the President appoints the person, and again when the person's service with the department or agency ends. The restrictions would apply only to people the President appoints to these positions on or after the date this Act becomes law; people already serving in these positions before that date would not be covered. The restrictions would expire automatically 5 years after the date this Act becomes law. This section would also amend section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)). It would renumber that section's existing paragraphs (6) and (7) as paragraphs (8) and (9), and insert a new paragraph (6) providing that the restrictions in that section of the State Department Act would not apply to a person, based on that person's service in a position referenced in that section, if the same person is already subject to the new restrictions in section 207(m) of title 18 (added by this section) because of that same service. In other words, the same period of service could not trigger both restrictions on the same person.

This section would further amend section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)), inserting a new paragraph (7) after the paragraph (6) added by section 3 of this Act. The new paragraph would let the Secretary of State, after consulting with the Attorney General, propose adding or deleting one or more countries from the list of 'countries of concern' in paragraph (1)(A) of that section. Any such proposal would have to be submitted to the chairman and ranking member of the Senate Committee on Foreign Relations and the chairman and ranking member of the House Committee on the Judiciary. The proposal would take effect only when Congress enacts a joint resolution of approval. For this purpose, a joint resolution of approval means only a joint resolution that meets all of the following requirements: it may not have a preamble; its text after the resolving clause must state that Congress approves the Secretary of State's proposed modification (identified by the date it was submitted) and must specify that section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 is amended by exact language adding or deleting one or more countries from that list, with the date and the amendment language filled in; and its title must read exactly 'Joint resolution approving modifications to definition of country of concern under section 1(m) of the State Department Basic Authorities Act of 1956.' A qualifying resolution introduced in the Senate would be referred to the Senate Committee on Foreign Relations. A qualifying resolution introduced in the House of Representatives would be referred to the House Committee on the Judiciary.