[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5254-S5255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2987. Mr. CORNYN (for himself, Mr. Welch, and Mr. Risch) submitted 
an amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. POST-EMPLOYMENT RESTRICTIONS ON OFFICIALS IN 
                   POSITIONS SUBJECT TO SENATE CONFIRMATION.

       (a) Short Title.--This section may be cited as the 
     ``Conflict-free Leaving Employment and Activity Restrictions 
     Path Act'' or the ``CLEAR Path Act''.
       (b) 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.
       (c) Post-employment Restrictions.--
       (1) 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

[[Page S5255]]

     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.''.
       (2) Conforming amendment.--Section 1(m) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) 
     is amended--
       (A) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (B) 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.''.
       (d) 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 
     subsection (c)(2), 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 ______