H.R. 6106 — CLEAR Path Act

This section states the sense of Congress that (1) Congress and the executive branch have recognized the importance of preventing and mitigating conflicts of interest following government service, including for senior U.S. officials working on behalf of foreign governments; and (2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.

This section establishes lifetime post-employment restrictions under new 18 U.S.C. §207(m) for individuals appointed by the President, with Senate confirmation, to serve as heads or deputy heads of executive branch departments or agencies or in any other such Senate-confirmed position. After termination of service, such individuals are prohibited from knowingly representing, aiding, or advising (except as licensed attorneys providing legal advice in the United States) a foreign governmental entity of a country of concern before any executive or legislative branch officer or employee with intent to influence an official decision. (Country of concern is defined by reference to 22 U.S.C. §2651a(m), excluding the country listed in paragraph (1)(A)(vi); foreign governmental entity is similarly defined there.) The relevant department or agency must provide notice of these restrictions upon appointment and termination of service. The restrictions apply to persons appointed on or after enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act, with a 30-day grace period following congressional approval of any newly added country of concern; they sunset five years after enactment with respect to persons appointed on or after enactment (without affecting prior conduct). This section makes a conforming amendment to 22 U.S.C. §2651a(m)(6) clarifying that those restrictions do not apply to persons subject to §207(m) for the same service.

This section establishes a congressional approval process for the Secretary of State, in consultation with the Attorney General, to propose additions to or deletions from the list of countries of concern specified in section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)). Proposals must be submitted to the chair and ranking member of the Senate Committee on Foreign Relations and the House Committee on the Judiciary and become effective only upon enactment of a joint resolution of approval, which must use specified language (including the proposal date and amendatory text), have no preamble and a designated title, and be referred in the Senate to the Committee on Foreign Relations and in the House to the Committee on the Judiciary.