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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5642 Introduced in Senate (IS)]

<DOC>

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.

    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) a foreign governmental entity 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 for 2 years 
                after the termination of the person's service in that 
                position; or
                    ``(B) 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 
        (7) and (8), 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)), as amended by section 3(b), is amended by adding 
at the end the following:
            ``(9) 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>
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