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Adds a new subsection (m) to 18 U.S.C. §207 establishing extended post-employment restrictions for persons who served in Senate-confirmed positions, defining terms, requiring notice, specifying applicability to appointments on or after enactment, and providing a 5-year sunset.
Modifies section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) by redesignating existing paragraphs (6) and (7) as (8) and (9), and inserting a new paragraph (6) providing that the subsection shall not apply to a person if that person is subject to the restrictions under 18 U.S.C. 207(m) by reason of the same service.
Creates new, temporary limits on post‑government employment for people who serve in positions requiring Senate confirmation. It defines key terms, requires agencies to notify appointees at appointment and when their service ends, limits the rule to appointees after enactment, and automatically sunsets the restrictions five years after enactment. It also establishes a formal, Congress‑involved process for adding or removing countries from a covered list: the Secretary of State (after consulting the Attorney General) may propose changes, but a proposed change only takes effect if a specified joint resolution approving it is enacted.
Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following government service, including with respect to senior United States officials working on behalf of foreign governments.
Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.
Adds a new subsection (m) to 18 U.S.C. 207 titled “Extended post‑Employment restrictions for officials in positions subject to Senate confirmation.”
Definition — “country of concern” is defined as the term is defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)).
Definition — “foreign governmental entity” is defined as the term is defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)).
Primary effects fall on senior U.S. officials confirmed by the Senate and on foreign governments that hire or seek to hire former U.S. officials. Those appointees will face extra legal limits on post‑government activity involving specified foreign governmental entities and must receive formal notice at the start and end of service. Federal agencies will need to update personnel and ethics procedures to provide notices, document covered appointees, and monitor compliance; agency ethics offices and the Department of Justice would remain primary enforcement actors under the criminal and civil tools tied to 18 U.S.C. 207. The formal Congressional role in approving changes to the country list shifts control of list changes from an exclusively executive determination to a process requiring legislative action, which could make the list slower to adapt to changing foreign policy circumstances. The five‑year sunset limits permanence, requiring Congress to reauthorize or extend the restrictions if they are to continue. Potential secondary effects include deterrence of certain foreign government hiring of former officials and possible legal challenges raising employment or administrative law questions, though the sunset and limited retroactivity reduce long‑term disruption.
Read twice and referred to the Committee on the Judiciary.
Introduced June 18, 2025 by John Cornyn · Last progress June 18, 2025
CLEAR Path Act
Placed on Senate Legislative Calendar under General Orders. Calendar No. 305.
Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Read twice and referred to the Committee on the Judiciary.