S. 5357 — TABOO Act

This section expresses the sense of Congress that Special Envoys, Special Representatives, and similar positions exercise significant authority and should be subject to uniform ethics, financial disclosure, and conflict-of-interest requirements regardless of title, compensation, or organizational placement. It states that current rules create gaps in transparency and oversight, particularly for unpaid or advisory roles.

This section defines terms used in the Act. It identifies the appropriate congressional committees as the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs. It describes covered functions as directing negotiations with foreign countries or multilateral organizations and exercising significant foreign policy or national security authority. It specifies covered positions as special envoys, representatives, coordinators, and advisors performing those functions, including uncompensated roles but excluding purely advisory positions without representation duties. It broadly defines financial interests in foreign countries to include holdings in government-affiliated entities, extending to an individual's spouse and immediate family.

This section applies federal bribery, graft, and conflicts-of-interest laws to all individuals in covered positions regardless of employment status. It requires such individuals to file financial disclosures and limits any filing extensions to 30 days. It also requires written confirmation within 30 days of starting a covered position that the individual has no financial interest in relevant foreign countries, will divest any pre-existing interest within 60 days or place it in a qualified blind trust, and will undertake no new such interests during the one-year period after leaving the position, with the head of the employing office certifying and submitting the confirmation to the appropriate congressional committees.

This section requires the head of each federal agency and department to submit, every 90 days, a list of individuals working in covered positions to the President and the appropriate congressional committees. Each list must include the individual's name, title, and a brief description of duties, including the countries and organizations the individual is expected to engage with on behalf of the United States.

This section imposes fines under title 18, imprisonment for up to 1 year, or both on individuals in covered positions who knowingly fail to submit required written confirmations. It further requires such individuals to lose access to government funds and support, face DOJ referral, and be suspended from covered functions until compliance. It directs agency heads to designate ethics officers, report certification or list submission failures to congressional committees within 15 days, and authorizes committees to delay nominee hearings, recommend suspensions, or refer violations to the Department of Justice.

This section directs the Director of the Office of Personnel Management and the Director of the Office of Government Ethics to issue joint guidance implementing the Act within 120 days of enactment.

This section establishes an effective date of 180 days after enactment for all requirements, obligations, and prohibitions under the Act. Individuals employed in covered positions on that date must comply within 60 days thereafter. It prohibits any waiver, delay, suspension, or modification by the Executive Office of the President or any federal agency and makes ongoing compliance a continuing condition of service in covered positions.