II 

118TH CONGRESS 

2D SESSION S. 5642 

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 

DECEMBER 20 (legislative day, DECEMBER 16), 2024 

Mr. WELCH (for himself, Mr. CORNYN, and Mr. RISCH) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Conflict-free Leaving 

5 Employment and Activity Restrictions Path Act’’ or the 

6 ‘‘CLEAR Path Act’’. 

7 SEC. 2. SENSE OF CONGRESS. 

8 It is the sense of Congress that— 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5642 IS

1 (1) Congress and the executive branch have rec2 ognized the importance of preventing and mitigating 

3 the potential for conflicts of interest following gov4 ernment service, including with respect to senior 

5 United States officials working on behalf of foreign 

6 governments; and 

7 (2) Congress and the executive branch should 

8 jointly evaluate the status and scope of post-employ9 ment restrictions. 

10 SEC. 3. POST-EMPLOYMENT RESTRICTIONS ON OFFICIALS 

11 IN POSITIONS SUBJECT TO SENATE CON12 FIRMATION. 

13 (a) IN GENERAL.—Section 207 of title 18, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘(m) EXTENDED POST-EMPLOYMENT RESTRICTIONS

17 FOR OFFICIALS IN POSITIONS SUBJECT TO SENATE CON18 FIRMATION.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) COUNTRY OF CONCERN.—The term 

21 ‘country of concern’ has the meaning given the 

22 term in section 1(m) of the State Department 

23 Basic Authorities Act of 1956 (22 U.S.C. 

24 2651a(m)). 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5642 IS

1 ‘‘(B) FOREIGN GOVERNMENTAL ENTITY.— 

2 The term ‘foreign governmental entity’ has the 

3 meaning given the term in section 1(m) of the 

4 State Department Basic Authorities Act of 

5 1956 (22 U.S.C. 2651a(m)). 

6 ‘‘(C) REPRESENT.—The term ‘represent’ 

7 does not include representation by an attorney, 

8 who is duly licensed and authorized to provide 

9 legal advice in a United States jurisdiction, of 

10 a person or entity in a legal capacity or for the 

11 purposes of rendering legal advice. 

12 ‘‘(D) SENATE-CONFIRMED POSITION.—The 

13 term ‘Senate-confirmed position’ means a posi14 tion in a department or agency of the executive 

15 branch of the United States for which appoint16 ment is required to be made by the President, 

17 by and with the advice and consent of the Sen18 ate. 

19 ‘‘(2) AGENCY HEADS, DEPUTY HEADS, AND

20 OTHER POSITIONS SUBJECT TO SENATE CONFIRMA21 TION.—With respect to a person serving as the head 

22 or deputy head of, or serving in any Senate-con23 firmed position in, a department or agency of the ex24 ecutive branch of the United States, the restrictions 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 5642 IS

1 described in subsection (f)(1) shall apply to any such 

2 person who knowingly represents, aids, or advises— 

3 ‘‘(A) a foreign governmental entity before 

4 an officer or employee of the executive or legis5 lative branch of the United States with the in6 tent to influence a decision of the officer or em7 ployee in carrying out his or her official duties 

8 for 2 years after the termination of the person’s 

9 service in that position; or 

10 ‘‘(B) a foreign governmental entity of a 

11 country of concern before an officer or employee 

12 of the executive or legislative branch of the 

13 United States with the intent to influence a de14 cision of the officer or employee in carrying out 

15 his or her official duties at any time after the 

16 termination of the person’s service in that posi17 tion. 

18 ‘‘(3) NOTICE OF RESTRICTIONS.—Any person 

19 subject to the restrictions under this subsection shall 

20 be provided notice of these restrictions by the rel21 evant department or agency— 

22 ‘‘(A) upon appointment by the President; 

23 and 

24 ‘‘(B) upon termination of service with the 

25 relevant department or agency. 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 5642 IS

1 ‘‘(4) EFFECTIVE DATE.—The restrictions under 

2 this subsection shall apply only to persons who are 

3 appointed by the President to the positions ref4 erenced in this section on or after the date of enact5 ment of the Conflict-free Leaving Employment and 

6 Activity Restrictions Path Act. 

7 ‘‘(5) SUNSET.—The restrictions under this sub8 section shall expire on the date that is 5 years after 

9 the date of enactment of the Conflict-free Leaving 

10 Employment and Activity Restrictions Path Act.’’. 

11 (b) CONFORMING AMENDMENT.—Section 1(m) of the 

12 State Department Basic Authorities Act of 1956 (22 

13 U.S.C. 2651a(m)) is amended— 

14 (1) by redesignating paragraphs (6) and (7) as 

15 paragraphs (7) and (8), respectively; and 

16 (2) by inserting after paragraph (5) the fol17 lowing: 

18 ‘‘(6) RELATION TO GOVERNMENT-WIDE RE19 STRICTIONS.—This subsection shall not apply to a 

20 person by reason of the person’s service in a position 

21 referenced in this subsection if the person is subject 

22 to the restrictions under section 207(m) of title 18, 

23 United States Code, by reason of the same service.’’. 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 5642 IS

1 SEC. 4. MECHANISM TO AMEND DEFINITION OF ‘‘COUNTRY 

2 OF CONCERN’’. 

3 Section 1(m) of the State Department Basic Authori4 ties Act of 1956 (22 U.S.C. 2651a(m)), as amended by 

5 section 3(b), is amended by adding at the end the fol6 lowing: 

7 ‘‘(9) MODIFICATION TO DEFINITION OF ‘COUN8 TRY OF CONCERN’.— 

9 ‘‘(A) IN GENERAL.—The Secretary of 

10 State may, in consultation with the Attorney 

11 General, propose the addition or deletion of 

12 countries described in paragraph (1)(A). 

13 ‘‘(B) SUBMISSION.—Any proposal de14 scribed in subparagraph (A) shall— 

15 ‘‘(i) be submitted to the Chairman 

16 and Ranking Member of the Committee on 

17 Foreign Relations of the Senate and the 

18 Chairman and Ranking Member of the 

19 Committee on the Judiciary of the House 

20 of Representatives; and 

21 ‘‘(ii) become effective upon enactment 

22 of a joint resolution of approval as de23 scribed in subparagraph (C). 

24 ‘‘(C) JOINT RESOLUTION OF APPROVAL.— 

25 ‘‘(i) IN GENERAL.—For purposes of 

26 subparagraph (B)(ii), the term ‘joint resoVerDate Sep 11 2014 20:19 Jan 28, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5642.IS S5642

ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 5642 IS

1 lution of approval’ means only a joint reso2 lution— 

3 ‘‘(I) that does not have a pre4 amble; 

5 ‘‘(II) that includes in the matter 

6 after the resolving clause the fol7 lowing: ‘That Congress approves the 

8 modification of the definition of 

9 ‘‘country of concern’’ under section 

10 1(m) of the State Department Basic 

11 Authorities Act of 1956, as submitted 

12 by the Secretary of State on 

13 llll; and section 1(m)(1)(A) of 

14 the State Department Basic Authori15 ties Act of 1956 (22 U.S.C. 

16 2651a(m)(1)(A)) is amended by 

17 llllll.’, the blank spaces 

18 being appropriately filled in with the 

19 appropriate date and the amendatory 

20 language required to modify the list of 

21 countries in paragraph (1)(A) of this 

22 subsection by adding or deleting 1 or 

23 more countries; and 

24 ‘‘(III) the title of which is as fol25 lows: ‘Joint resolution approving 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 5642 IS

1 modifications to definition of ‘‘country 

2 of concern’’ under section 1(m) of the 

3 State Department Basic Authorities 

4 Act of 1956.’. 

5 ‘‘(ii) REFERRAL.— 

6 ‘‘(I) SENATE.—A resolution de7 scribed in clause (i) that is introduced 

8 in the Senate shall be referred to the 

9 Committee on Foreign Relations of 

10 the Senate. 

11 ‘‘(II) HOUSE OF REPRESENTA12 TIVES.—A resolution described in 

13 clause (i) that is introduced in the 

14 House of Representatives shall be re15 ferred to the Committee on the Judi16 ciary of the House of Representa17 tives.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS