S5642-118

1. Short title This Act may be cited as the Conflict-free Leaving Employment and Activity Restrictions Path Act or the CLEAR Path Act.

2. Sense of Congress It is the sense of Congress that— 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 Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.

3. Post-employment restrictions on officials in positions subject to Senate confirmation Section 207 of title 18, United States Code, is amended by adding at the end the following: In this subsection: 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)). 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)). 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. 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. 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 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 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. Any person subject to the restrictions under this subsection shall be provided notice of these restrictions by the relevant department or agency— upon appointment by the President; and upon termination of service with the relevant department or agency. 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. 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. Section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) is amended— by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and by inserting after paragraph (5) the following: 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. (m)Extended post-Employment restrictions for officials in positions subject to Senate confirmation(1)DefinitionsIn this subsection:(A)Country of concernThe 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 entityThe 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)RepresentThe 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 positionThe 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 confirmationWith 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 restrictionsAny 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 dateThe 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)SunsetThe 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.. (6)Relation to government-wide restrictionsThis 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..

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: The Secretary of State may, in consultation with the Attorney General, propose the addition or deletion of countries described in paragraph (1)(A). Any proposal described in subparagraph (A) shall— 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 become effective upon enactment of a joint resolution of approval as described in subparagraph (C). For purposes of subparagraph (B)(ii), the term joint resolution of approval means only a joint resolution— that does not have a preamble; 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 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.. A resolution described in clause (i) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. 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. (9)Modification to definition of country of concern(A)In generalThe Secretary of State may, in consultation with the Attorney General, propose the addition or deletion of countries described in paragraph (1)(A).(B)SubmissionAny 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 generalFor 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)SenateA 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 RepresentativesA 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..