JARED Act

Full Title:
JARED Act

Summary#

This bill requires people who represent the Federal Government before foreign officials to complete background checks and get a security clearance before doing certain work. Those people must also file annual financial disclosure forms with the Office of Government Ethics (OGE). The bill bans those individuals from negotiating or accepting agreements that create a direct financial interest for themselves with a foreign government or an agent of a foreign government with whom they worked.

The OGE must publish a quarterly report that includes the financial disclosure forms filed under the bill and any violations and penalties. If someone breaks the bill's rules, OGE can remove them from the role and block them from getting a security clearance. OGE must refer some violations to the Attorney General for possible civil action. The bill treats failure to file disclosures like the penalties in 5 U.S.C. 13106 and makes knowingly entering prohibited negotiations punishable by up to one year in prison, a fine, or both.

The bill defines who is covered. A "covered individual" can include a person who acts for the Federal Government without a formal employment contract if they engage with foreign governments in political activities, raise or handle money outside the United States for U.S. interests, or represent U.S. interests before foreign officials. The term "covered person" also includes spouses, close relatives (parent, child, sibling), agents, partners, and organizations tied to the covered individual. The bill uses the Foreign Agents Registration Act definition for "political activities."

What it means for you#

  • If you act or speak for the Federal Government before foreign officials without formal employment, you must have an appropriate background investigation and a security clearance before certain activities.
  • You must file annual financial disclosure forms with OGE as if required under 5 U.S.C. 13103(d).
  • You may not negotiate or accept agreements that give you a direct financial interest from a foreign government or its agent when that interest relates to your covered activities.
  • OGE will publish disclosures and any violations every quarter.
  • Violations can lead to removal from the role, loss of clearance, civil referrals, penalties like those under 5 U.S.C. 13106 for failure to file, and criminal penalties for knowingly entering prohibited negotiations.
  • The rules can also affect spouses, close relatives, agents, business partners, and organizations connected to a covered individual.

Expenses#

No publicly available information on costs or budgetary effects is included in the bill text or metadata.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.