S. 2132: Conflict-free Leaving Employment and Activity Restrictions Path Act

This bill, titled the Conflict-free Leaving Employment and Activity Restrictions Path Act (CLEAR Path Act), aims to address potential conflicts of interest for government officials after they leave their positions. Here is a breakdown of its main components:

Purpose of the Bill

The bill aims to prevent and manage conflicts of interest that may arise when former government officials work for foreign governments or foreign entities after leaving public service. It seeks to put clear restrictions on their post-employment activities to ensure they do not improperly influence government decisions.

Post-employment Restrictions

Specifically, this bill proposes the following rules:

• Extension of Restrictions: It extends post-employment restrictions for individuals who are appointed to positions that require Senate confirmation, particularly concerning their interactions with foreign governmental entities defined as "countries of concern." These individuals must not assist or represent such entities in an attempt to influence U.S. officials after leaving their roles.
• Definitions: The bill clarifies key terms, such as "country of concern" and "foreign governmental entity," which fall under existing definitions in U.S. law. It also emphasizes that representation does not include legal representation by attorneys.
• Notice Requirements: The bill mandates that individuals subject to these restrictions receive written notice about them both when they are appointed and when they leave their positions.
• Effective Only for New Appointments: The bill states that these new restrictions will apply only to individuals appointed to Senate-confirmed positions after the law is enacted. Existing officials will not be subject to these rules.
• Expiration of Restrictions: The restrictions outlined in this bill will expire five years after the enactment of the law.

Modification of "Country of Concern" Definition

Additionally, the bill provides a mechanism for modifying the definition of a "country of concern." The Secretary of State can propose changes in consultation with the Attorney General, and such changes will require approval from Congress to take effect.

Sense of Congress

The bill includes a section that expresses Congress’s commitment to evaluating current post-employment restrictions and reinforcing the importance of preventing conflicts of interest for senior officials, especially after working with foreign governments.

Relevant Companies

None found