[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>