S.Amdt. 3404

The amendment, known as the Conflict-free Leaving Employment and Activity Restrictions Path Act or the CLEAR Path Act, aims to add new post-employment restrictions for certain government officials. Its purpose is to prevent and mitigate conflicts of interest that happen after government service, specifically when senior officials work for foreign governments.

The amendment adds the following to the bill:

• Restrictions on Officials: It targets people who serve as the head, deputy head, or in any Senate-confirmed position within an executive branch department or agency. These individuals are prohibited from knowingly representing, aiding, or advising a foreign governmental entity of a country of concern before the U.S. executive or legislative branches to influence official duties.

• Legal Exceptions: The term represent does not include a licensed attorney providing legal advice or representation in a legal capacity.

• Notice and Timing: Officials must be notified of these restrictions upon their appointment and upon their termination of service. These rules only apply to people appointed on or after the date the Act is enacted.

• Duration and Oversight: The restrictions expire 5 years after the Act is enacted. Additionally, it establishes a process for the Secretary of State, in consultation with the Attorney General, to propose changes to the definition of a country of concern, which would then require a joint resolution of approval from Congress.