CLEAR Path Act
- Bill Number
- H.R. 6106
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-11-18: Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-05-02T01:54:54Z
AI-Generated Summary
Purpose of the Legislation
The CLEAR Path Act aims to prevent and mitigate conflicts of interest for former senior U.S. government officials after they leave office, particularly when they might work on behalf of foreign governments from certain countries. It emphasizes the need for stronger post-employment rules to protect U.S. decision-making from undue foreign influence.
Key Provisions
- Sense of Congress: Expresses that Congress and the executive branch should continue evaluating and strengthening rules to address conflicts of interest, especially involving senior officials and foreign governments.
- New Post-Employment Restrictions (18 U.S.C. § 207(m)):
- Applies to individuals in Senate-confirmed positions (roles appointed by the President with Senate approval, such as agency heads, deputies, or other high-level executive branch jobs).
- Prohibits these individuals, after leaving office, from knowingly representing, aiding, or advising a "foreign governmental entity" (a government body or related organization from abroad) of a "country of concern" (defined in existing law as nations like China, Russia, Iran, North Korea, Cuba, and Venezuela, but excluding one specific country listed in current statutes—likely Taiwan based on context) before U.S. executive or legislative branch officials, if the intent is to influence official decisions.
- "Represent" excludes licensed U.S. attorneys providing legal advice in a professional capacity.
- Violations are punishable under 18 U.S.C. § 216 (which includes fines or imprisonment for ethics breaches).
- Agencies must notify affected individuals of these rules upon appointment and when they leave service.
- Effective Date and Sunset:
- Restrictions apply only to those appointed on or after the bill's enactment date.
- For newly added "countries of concern," a 30-day grace period applies after congressional approval.
- The rules sunset (expire) after 5 years for new appointees, but past violations remain enforceable.
- Conforming Amendment: Updates the State Department Basic Authorities Act (22 U.S.C. § 2651a) to avoid overlap, ensuring its similar restrictions do not apply if the new rules cover the person.
- Process to Update "Country of Concern" List:
- The Secretary of State, consulting the Attorney General, can propose adding or removing countries.
- Proposals go to key congressional committees (Senate Foreign Relations and House Judiciary).
- Changes require a "joint resolution of approval" (a simple bill passed by both houses of Congress and signed by the President, with specific formatting to approve the modification).
Significant Changes to Existing Law
- Expands 18 U.S.C. § 207 (the main federal law on post-government employment restrictions, often called the "cooling-off" rules that limit lobbying for 1-2 years) by adding a permanent, targeted ban for Senate-confirmed officials regarding "countries of concern," without a time limit (except the 5-year sunset for future appointees).
- Introduces a formal congressional approval process for modifying the "country of concern" definition, shifting some authority from the executive branch to shared executive-legislative oversight.
- Clarifies that legal representation by attorneys is exempt, narrowing the scope compared to broader existing bans on foreign agent activities under laws like the Foreign Agents Registration Act (FARA).
Potential Impacts
- On Government Agencies: Executive branch departments must provide notices to appointees, increasing administrative workload for ethics offices. It may reduce foreign influence in policy decisions, strengthening national security reviews.
- On Citizens: Indirectly benefits the public by safeguarding U.S. government integrity from foreign lobbying, potentially leading to more transparent policymaking. No direct effects on everyday citizens.
- On International Relations: Could strain ties with "countries of concern" by limiting former U.S. officials' ability to advocate for them, signaling U.S. commitment to countering influence from adversarial nations. It might encourage similar ethics reforms in allied countries.
Main Stakeholders Affected
- Former and Current Senate-Confirmed Officials: High-level executive branch leaders (e.g., cabinet secretaries, ambassadors) face new limits on post-service careers, potentially restricting job opportunities with foreign entities.
- Foreign Governments: Entities from "countries of concern" may lose access to influential former U.S. officials for advocacy, affecting their lobbying efforts in Washington.
- U.S. Congress and Executive Branch: Gains tools to oversee foreign influence and update country lists, with committees playing a key role in approvals.
- Ethics and Legal Communities: Attorneys and compliance experts may see increased demand for advice on navigating exemptions and notices.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces federal ethics framework without altering core constitutional separation of powers; the congressional approval process for country lists enhances legislative checks on executive actions, potentially reducing challenges under administrative law.
- Constitutional: Aligns with Article I (Congress's role in regulating foreign affairs) and does not infringe on free speech, as it targets official influence rather than general expression (similar to upheld post-employment rules).
- Political: Promotes bipartisan ethics reform (introduced by Republicans and Democrats) but could spark debate over which countries qualify as "concerns," risking politicization of the list. The 5-year sunset allows for future evaluation, balancing permanence with flexibility.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Pfluger, August [R-TX-11]
Cosponsors (1)
Recent Actions
- 2025-11-18: Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-11-18: Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-11-18: Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-11-18: Introduced in House
- 2025-11-18: Introduced in House
Bill Versions
- Conflict-free Leaving Employment and Activity Restrictions Path Act — issued 2025-11-18 — PDF (10 pages)