[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5357 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5357
To impose requirements for certain Federal positions to promote
transparency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Mr. Merkley (for himself, Mr. Kaine, Ms. Rosen, Ms. Duckworth, Mr. Van
Hollen, Mr. Kim, Mr. Coons, and Mr. Reed) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To impose requirements for certain Federal positions to promote
transparency, 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 ``Transparency in the Administration's
Business Opportunities Overseas Act'' or the ``TABOO Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that:
(1) Individuals serving as Special Envoys, Special
Representatives, Special Coordinators, Special Negotiators, or
working in similar positions, whether in the Department of
State, the Executive Office of the President, or any Federal
department or agency, frequently exercise significant authority
and represent the United States Government to foreign
governments and international organizations.
(2) Existing ethics, financial disclosure, and conflict-of-
interest requirements do not uniformly apply to those
individuals, particularly those working in volunteer, unpaid,
or advisory capacities while performing duties that involve
significant authority.
(3) The absence of uniform requirements--
(A) creates gaps in transparency, accountability,
and oversight; and
(B) may allow individuals to perform sensitive
diplomatic or national security functions without
appropriate conflict-of-interest safeguards.
(4) Congress has a compelling interest in ensuring that all
individuals performing those functions are subject to
consistent ethics, financial disclosure, and conflict-of-
interest requirements, regardless of title, compensation, or
organizational placement.
(5) It is in the interest of the United States to--
(A) establish uniform standards for ethics
compliance, financial interest reporting, and
congressional notification for individuals performing
those functions; and
(B) close loopholes that allow individuals to avoid
those requirements by working in volunteer or advisory
status.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Covered function.--The term ``covered function''
includes the following:
(A) Directing or leading negotiations on behalf of
the United States Government with a foreign country.
(B) Directing or leading negotiations on behalf of
the United States Government with international
multilateral organizations.
(C) Any activity involving the exercise of
significant authority pursuant to the laws of the
United States in a foreign policy or national security
context.
(3) Covered position.--The term ``covered position''--
(A) means a Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, Senior
Advisor, or other position performing a covered
function, regardless of title, in the Executive Office
of the President or any Federal department or agency;
(B) includes a position the pay status of which is
uncompensated or volunteer if the individual working in
that position performs a covered function in that
position; and
(C) does not include a position that--
(i) does not represent the United States
Government to a foreign government or
multinational organization; and
(ii) is engaged only to provide advice to
the President, the Executive Office of the
President, or any Federal agency or department.
(4) Financial interest.--
(A) In general.--The term ``financial interest'',
with respect to a foreign country, includes a financial
interest in any entity, including--
(i) an entity that maintains a contract
with the government of the country;
(ii) a state-affiliated enterprise;
(iii) an enterprise affiliated with a
government official of the country; and
(iv) a financial institution affiliated
with the government of the country or a
government official of the country.
(B) Individual holding financial interest.--For
purposes of this Act, the term ``financial interest'',
with respect to an individual, includes--
(i) a financial interest held by the
individual;
(ii) a financial interest held by the
spouse of the individual; and
(iii) a financial interest held by any
member of the immediate family of the
individual.
(C) Rule of construction.--The term ``financial
interest'', with respect to a foreign country--
(i) shall be construed as broadly as
possible; and
(ii) shall not be limited to the examples
listed in subparagraph (A).
SEC. 4. REQUIREMENTS.
(a) Ethics and Financial Disclosures.--
(1) Bribery, graft, and conflicts-of-interest.--Any
individual working in a covered position shall be deemed an
officer or employee for purposes of chapter 11 of title 18,
regardless of employment status, compensation, or volunteer
status.
(2) Financial disclosure requirements.--
(A) Persons required to file.--Section 13103(f) of
title 5, United States Code, is amended--
(i) in paragraph (11), by striking ``;
and'' and inserting a semicolon;
(ii) in paragraph (12), by striking the
period at the end; and
(iii) by adding at the end the following:
``(13) an officer or employee working in a covered
position, as defined in section 3 of the Transparency in the
Administration's Business Opportunities Overseas Act.''.
(B) Extension on time for filing.--Section 13103(g)
of title 5, United States Code, is amended--
(i) in paragraph (1), by striking
``Reasonable'' and inserting ``Except as
provided in paragraph (3), reasonable''; and
(ii) by adding at the end the following:
``(3) Covered positions.--Extensions of time for filing any
report with respect to an officer or employee working in a
covered position, as defined in section 3 of the Transparency
in the Administration's Business Opportunities Overseas Act,
shall not exceed 30 days.''.
(C) Technical and conforming amendment.--Section
13102(a)(1) of title 5, United States Code, is amended
by inserting ``and paragraph (13)'' after ``paragraphs
(1) through (8)''.
(b) Financial Interests.--
(1) Written confirmation.--Not later than 30 days after the
date on which any individual begins working in a covered
position--
(A) the individual shall confirm in writing that
the individual--
(i) has no financial interest in any
foreign country with which the individual will
be working;
(ii) if a pre-existing financial interest
exists, will divest or place the financial
interest in a qualified blind trust, as defined
in section 13104(f)(3) of title 5, United
States Code, within 60 days of the date of the
written confirmation; and
(iii) commits to undertaking no new
financial interest in any foreign country with
which the individual will be working during the
1-year period beginning on the date on which
the individual vacates the covered position;
and
(B) the head of the relevant office, department, or
agency that employs the individual shall--
(i) review and certify the written
confirmation required under subparagraph (A);
and
(ii) submit the written confirmation
required under subparagraph (A) and
certification required under clause (i) of this
subparagraph to the appropriate congressional
committees.
(2) Relation to other requirements.--A written confirmation
required under paragraph (1)(A) shall be in addition to any
other financial disclosure or ethics report otherwise required
by law.
SEC. 5. QUARTERLY SUBMISSIONS.
(a) In General.--Not later than 90 days after the effective date
under section 8(a), and every 90 days thereafter, the head of each
Federal agency and department shall submit to the President and the
appropriate congressional committees a list of each individual working
in a covered position at that Federal agency or department.
(b) Elements.--Each list required under subsection (a) shall
include, with respect to each individual working in a covered
position--
(1) the name and title of the individual; and
(2) a brief description of the duties of the individual,
including the countries and organizations the individual is
expected to engage with on behalf of the United States
Government in the covered position.
SEC. 6. ENFORCEMENT.
(a) Statutory Penalties.--
(1) Penalties relating to written confirmation.--An
individual working in a covered position who knowingly fails to
comply with the requirements under section 4(b)(1)(A) shall be
fined under title 18, imprisoned for not more than 1 year, or
both.
(2) Other statutory penalties.--An individual working in a
covered position who knowingly fails to comply with any
requirement under this Act, or any amendment made by this Act--
(A) shall lose access to United States Government
funds for staff support, facilities, travel support,
and consular services;
(B) shall be subject to referral to the Department
of Justice; and
(C) shall be subject to suspension from performing
any covered function until compliance with this Act and
the amendments made by this Act is achieved.
(b) Agency Enforcement.--
(1) Designation of ethics officers.--The head of each
Federal agency or department employing an individual working in
a covered position shall designate an ethics office responsible
for compliance with this Act.
(2) Failure to submit certifications.--If the head of a
Federal agency or department fails to submit any certification
under section 4(b)(1)(B) or any quarterly list under section
5(a), the head of that Federal agency or department shall
report the failure to each appropriate congressional committee
within 15 days of the discovery of such failure.
(c) Additional Consequences for Noncompliance.--If an individual
nominated for a covered position is found to be in violation of any
provision of this Act, or an amendment made by this Act, a committee of
Congress may--
(1) delay nomination hearings and confirmation processes
for the individual;
(2) recommend suspension of the duties of the individual;
and
(3) determine if referral to the Department of Justice is
warranted.
SEC. 7. GUIDANCE.
Not later than 120 days after the date of enactment of this Act,
the Director of the Office of Personnel Management and the Director of
the Office of Government Ethics shall issue joint guidance to implement
this Act.
SEC. 8. APPLICABILITY.
(a) Effective Date.--All requirements, obligations, and
prohibitions established under this Act, and the amendments made by
this Act, shall take effect 180 days after the date of enactment of
this Act.
(b) Current Individuals Working in Covered Positions.--Any
individual working in a covered position on the effective date under
subsection (a) shall comply with all the requirements of this Act, and
the amendments made by this Act, not later than 60 days after that
effective date.
(c) No Waiver or Delay.--No provision of this Act, nor any
amendment made by this Act, nor any requirement imposed thereunder, may
be waived, delayed, suspended, or otherwise modified by the Executive
Office of the President or any Federal agency or department.
(d) Continuing Applicability.--Compliance with this Act, and the
amendments made by this Act, shall be a continuing condition of service
in any covered position.
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