119-s2132

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2132

 To amend title 18, United States Code, to prevent and mitigate the 
 potential for conflicts of interest following government service, and 
 for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 18, 2025

 Mr. Cornyn (for himself, Mr. Welch, Mr. Risch, and Mr. Whitehouse) 
introduced the following bill; which was read twice and referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend title 18, United States Code, to prevent and mitigate the 
 potential for conflicts of interest following government service, and 
 for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Conflict-free Leaving Employment and 
Activity Restrictions Path Act'' or the ``CLEAR Path Act''.

SEC. 2. SENSE OF CONGRESS.

 It is the sense of Congress that--

    (1) 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; and

    (2) Congress and the executive branch should jointly 
 evaluate the status and scope of post-employment restrictions.

SEC. 3. POST-EMPLOYMENT RESTRICTIONS ON OFFICIALS IN POSITIONS SUBJECT 
 TO SENATE CONFIRMATION.

    (a) In General.--

Section 207 of title 18, United States Code, is 
amended by adding at the end the following:
 ``
            (m) Extended Post-Employment Restrictions for Officials in 
Positions Subject to Senate Confirmation.--
 ``

    (1) === Definitions. ===
-In this subsection:
 ``
        (A) Country of concern.--The term `country of 
 concern' has the meaning given the term in 

section 1
            (m) of the State Department Basic Authorities Act of 1956 
 (22 U.S.C. 2651a
            (m) ).
 ``
        (B) Foreign governmental entity.--The term 
 `foreign governmental entity' has the meaning given the 
 term in 

section 1
            (m) of the State Department Basic 
 Authorities Act of 1956 (22 U.S.C. 2651a
            (m) ).
 ``
            (C) Represent.--The term `represent' does not 
 include representation by an attorney, who is duly 
 licensed and authorized to provide legal advice in a 
 United States jurisdiction, of a person or entity in a 
 legal capacity or for the purposes of rendering legal 
 advice.
 ``
            (D) Senate-confirmed position.--The term `Senate-
 confirmed position' means a position in a department or 
 agency of the executive branch of the United States for 
 which appointment is required to be made by the 
 President, by and with the advice and consent of the 
 Senate.
 ``

    (2) Agency heads, deputy heads, and other positions 
 subject to senate confirmation.--With respect to a person 
 serving as the head or deputy head of, or serving in any 
 Senate-confirmed position in, a department or agency of the 
 executive branch of the United States, the restrictions 
 described in subsection

    (f)

    (1) shall apply to any such person 
 who knowingly represents, aids, or advises a foreign 
 governmental entity of a country of concern before an officer 
 or employee of the executive or legislative branch of the 
 United States with the intent to influence a decision of the 
 officer or employee in carrying out his or her official duties 
 at any time after the termination of the person's service in 
 that position.
 ``

    (3) Notice of restrictions.--Any person subject to the 
 restrictions under this subsection shall be provided notice of 
 these restrictions by the relevant department or agency--
 ``
        (A) upon appointment by the President; and
 ``
        (B) upon termination of service with the relevant 
 department or agency.
 ``

    (4) Effective date.--The restrictions under this 
 subsection shall apply only to persons who are appointed by the 
 President to the positions referenced in this section on or 
 after the date of enactment of the Conflict-free Leaving 
 Employment and Activity Restrictions Path Act.
 ``

    (5) Sunset.--The restrictions under this subsection shall 
 expire on the date that is 5 years after the date of enactment 
 of the Conflict-free Leaving Employment and Activity 
 Restrictions Path Act.''.

    (b) Conforming Amendment.--

Section 1
            (m) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2651a
            (m) ) is amended--

    (1) by redesignating paragraphs

    (6) and

    (7) as paragraphs

    (8) and

    (9) , respectively; and

    (2) by inserting after paragraph

    (5) the following:
 ``

    (6) Relation to government-wide restrictions.--This 
 subsection shall not apply to a person by reason of the 
 person's service in a position referenced in this subsection if 
 the person is subject to the restrictions under 

section 207
            (m) of title 18, United States Code, by reason of the same 
 service.''.

SEC. 4. MECHANISM TO AMEND DEFINITION OF ``COUNTRY OF CONCERN''.

 

Section 1
            (m) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a
            (m) ) is amended by inserting after paragraph

    (6) , as 
added by 

section 3

    (b) , the end the following:
 ``

    (7) Modification to definition of `country of concern'.--
 ``
        (A) In general.--The Secretary of State may, in 
 consultation with the Attorney General, propose the 
 addition or deletion of countries described in 
 paragraph

    (1)
        (A) .
 ``
        (B) Submission.--Any proposal described in 
 subparagraph
        (A) shall--
 ``
            (i) be submitted to the Chairman and 
 Ranking Member of the Committee on Foreign 
 Relations of the Senate and the Chairman and 
 Ranking Member of the Committee on the 
 Judiciary of the House of Representatives; and
 ``
            (ii) become effective upon enactment of a 
 joint resolution of approval as described in 
 subparagraph
            (C) .
 ``
            (C) Joint resolution of approval.--
 ``
            (i) In general.--For purposes of 
 subparagraph
        (B)
            (ii) , the term `joint 
 resolution of approval' means only a joint 
 resolution--
 ``
            (I) that does not have a 
 preamble;
 ``
            (II) that includes in the matter 
 after the resolving clause the 
 following: `That Congress approves the 
 modification of the definition of 
 ``country of concern'' under 

section 1
            (m) of the State Department Basic 
 Authorities Act of 1956, as submitted 
 by the Secretary of State on ____; and 
 

section 1
            (m) (1)
        (A) of the State 
 Department Basic Authorities Act of 
 1956 (22 U.S.C. 2651a
            (m) (1)
        (A) ) is 
 amended by ______.', the blank spaces 
 being appropriately filled in with the 
 appropriate date and the amendatory 
 language required to modify the list of 
 countries in paragraph

    (1)
        (A) of this 
 subsection by adding or deleting 1 or 
 more countries; and
 ``
            (III) the title of which is as 
 follows: `Joint resolution approving 
 modifications to definition of 
 ``country of concern'' under 

section 1
            (m) of the State Department Basic 
 Authorities Act of 1956.'.
 ``
            (ii) Referral.--
 ``
            (I) Senate.--A resolution 
 described in clause
            (i) that is 
 introduced in the Senate shall be 
 referred to the Committee on Foreign 
 Relations of the Senate.
 ``
            (II) House of representatives.--A 
 resolution described in clause
            (i) that 
 is introduced in the House of 
 Representatives shall be referred to 
 the Committee on the Judiciary of the 
 House of Representatives.''.
 <all>