[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Reported in Senate (RS)]
<DOC>
Calendar No. 305
119th CONGRESS
2d 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, Mr. Whitehouse, and Mr.
Coons) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
January 28, 2026
Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Conflict-free Leaving
Employment and Activity Restrictions Path Act'' or the ``CLEAR Path
Act''.</DELETED>
<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) Congress and the executive branch should
jointly evaluate the status and scope of post-employment
restrictions.</DELETED>
<DELETED>SEC. 3. POST-EMPLOYMENT RESTRICTIONS ON OFFICIALS IN POSITIONS
SUBJECT TO SENATE CONFIRMATION.</DELETED>
<DELETED> (a) In General.--Section 207 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(m) Extended Post-Employment Restrictions for Officials
in Positions Subject to Senate Confirmation.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) upon appointment by the President;
and</DELETED>
<DELETED> ``(B) upon termination of service with the
relevant department or agency.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 1(m) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (5) the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 4. MECHANISM TO AMEND DEFINITION OF ``COUNTRY OF
CONCERN''.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(7) Modification to definition of `country of
concern'.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) Submission.--Any proposal described
in subparagraph (A) shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) become effective upon
enactment of a joint resolution of approval as
described in subparagraph (C).</DELETED>
<DELETED> ``(C) Joint resolution of approval.--
</DELETED>
<DELETED> ``(i) In general.--For purposes of
subparagraph (B)(ii), the term `joint
resolution of approval' means only a joint
resolution--</DELETED>
<DELETED> ``(I) that does not have a
preamble;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.'.</DELETED>
<DELETED> ``(ii) Referral.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
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)), except that it does not include
the country described in paragraph (1)(A)(vi) of that
section, as in effect on the date of enactment of the
Conflict-free Leaving Employment and Activity
Restrictions Path Act.
``(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.--Any person who serves in a
position requiring appointment by the President as head or
deputy head of, or serves in any other Senate-confirmed
position in, a department or agency of the executive branch of
the United States, and who, at any time after the termination
of the person's service in that position, 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 shall be punished as provided in
section 216.
``(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.--
``(A) In general.--Except as provided in
subparagraph (B), the restrictions under this
subsection shall apply only to persons who are
appointed by the President to the positions referenced
in this subsection on or after the date of enactment of
the Conflict-free Leaving Employment and Activity
Restrictions Path Act.
``(B) Grace period for added countries of
concern.--If the definition of the term `country of
concern' under subsection (m) of section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a) is modified in accordance with paragraph (7) of
that subsection by adding a country to the list of
countries described in paragraph (1)(A) of that
subsection, in the case of any person who is appointed
by the President to a position referenced in this
subsection on or after the date of enactment of the
Conflict-free Leaving Employment and Activity
Restrictions Path Act and who knowingly represents,
aids, or advises a foreign governmental entity of a
country added to the list of countries described in
paragraph (1)(A) of such subsection (m), the
restrictions under this subsection shall apply to such
person on and after the date that is 30 days after the
date of enactment of a relevant joint resolution of
approval as described in paragraph (7)(C) of such
subsection (m) adding that country to the list of
countries described in paragraph (1)(A) of such
subsection (m).
``(5) Sunset.--
``(A) In general.--On and after the date that is 5
years after the date of enactment of the Conflict-free
Leaving Employment and Activity Restrictions Path Act,
the restrictions under paragraph (2) shall not apply to
any person appointed by the President, on or after such
date of enactment, to a position referenced in this
subsection, without regard to the date on which the
service of such person in such position terminates.
``(B) No effect on conduct before sunset.--Nothing
in subparagraph (A) shall be construed to limit the
applicability of paragraph (2) with respect to any
conduct by a person appointed by the President to a
position referenced in this subsection that occurred
before 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 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.''.
Calendar No. 305
119th CONGRESS
2d Session
S. 2132
_______________________________________________________________________
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.
_______________________________________________________________________
January 28, 2026
Reported with an amendment