,,ii #aaith ,,congress #b;d ,session ,s4 #eceg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbf,mr4 ,merkley 7for himself1 ,mr4 ,kaine1 ,ms4 ,rosen1 ,ms4 ,duckworth1 ,mr4 ,van ,hollen1 ,mr4 ,kim1 ,mr4 ,coons1 and ,mr4 ,reed7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose requirements for certain ,federal positions to promote transparency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transparency in the ,administration's ,business ,opportunities ,overseas ,act or the ,,taboo ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that3 7#a7 ,individuals serving as ,special ,envoys1 ,special ,representatives1 ,special ,coordinators1 ,special ,negotiators1 or working in similar positions1 whether in the ,department of ,state1 the ,executive ,office of the ,president1 or any ,federal department or agency1 frequently exercise significant authority and represent the ,united ,states ,government to foreign governments and international organizations4 7#b7 ,existing ethics1 financial disclosure1 and conflict-of-interest requirements do not uniformly apply to those individuals1 particularly those working in volunteer1 unpaid1 or advisory capacities while performing duties that involve significant authority4 7#c7 ,the absence of uniform requirements-- 7,a7 creates gaps in transparency1 accountability1 and oversight2 and 7,b7 may allow individuals to perform sensitive diplomatic or national security functions without appropriate conflict-of-interest safeguards4 7#d7 ,congress has a compelling interest in ensuring that all individuals performing those functions are subject to consistent ethics1 financial disclosure1 and conflict-of-interest requirements1 regardless of title1 compensation1 or organizational placement4 7#e7 ,it is in the interest of the ,united ,states to-- 7,a7 establish uniform standards for ethics compliance1 financial interest reporting1 and congressional notification for individuals performing those functions2 and 7,b7 close loopholes that allow individuals to avoid those requirements by working in volunteer or advisory status4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,covered function ,the term covered function includes the following3 7,a7 ,directing or leading negotiations on behalf of the ,united ,states ,government with a foreign country4 7,b7 ,directing or leading negotiations on behalf of the ,united ,states ,government with international multilateral organizations4 7,c7 ,any activity involving the exercise of significant authority pursuant to the laws of the ,united ,states in a foreign policy or national security context4 7#c7 ,covered position ,the term covered position-- 7,a7 means a ,special ,envoy1 ,special ,representative1 ,special ,coordinator1 ,special ,negotiator1 ,envoy1 ,representative1 ,coordinator1 ,special ,advisor1 ,senior ,advisor1 or other position performing a covered function1 regardless of title1 in the ,executive ,office of the ,president or any ,federal department or agency2 7,b7 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 position2 and 7,c7 does not include a position that-- 7i7 does not represent the ,united ,states ,government to a foreign government or multinational organization2 and 7ii7 is engaged only to provide advice to the ,president1 the ,executive ,office of the ,president1 or any ,federal agency or department4 7#d7 ,financial interest 7,a7 ,in general ,the term financial interest1 with respect to a foreign country1 includes a financial interest in any entity1 including-- 7i7 an entity that maintains a contract with the government of the country2 7ii7 a state-affiliated enterprise2 7iii7 an enterprise affiliated with a government official of the country2 and 7iv7 a financial institution affiliated with the government of the country or a government official of the country4 7,b7 ,individual holding financial interest ,for purposes of this ,act1 the term financial interest1 with respect to an individual1 includes-- 7i7 a financial interest held by the individual2 7ii7 a financial interest held by the spouse of the individual2 and 7iii7 a financial interest held by any member of the immediate family of the individual4 7,c7 ,rule of construction ,the term financial interest1 with respect to a foreign country-- 7i7 shall be construed as broadly as possible2 and 7ii7 shall not be limited to the examples listed in subparagraph 7,a74 #d4 ,requirements 7a7 ,ethics and financial disclosures 7#a7 ,bribery1 graft1 and conflicts-of-interest ,any individual working in a covered position shall be deemed an officer or employee for purposes of chapter #aa of title #ah1 regardless of employment status1 compensation1 or volunteer status4 7#b7 ,financial disclosure requirements 7,a7 ,persons required to file ,section #acajc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#aa71 by striking 2 and and inserting a semicolon2 7ii7 in paragraph 7#ab71 by striking the period at the end2 and 7iii7 by adding at the end the following3 7#ac7 an officer or employee working in a covered position1 as defined in section #c of the ,transparency in the ,administration's ,business ,opportunities ,overseas ,act4 4 7,b7 ,extension on time for filing ,section #acajc7;g7 of title #e1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#a71 by striking ,reasonable and inserting ,except as provided in paragraph 7#c71 reasonable2 and 7ii7 by adding at the end the following3 7#c7 ,covered positions ,extensions of time for filing any report with respect to an officer or employee working in a covered position1 as defined in section #c of the ,transparency in the ,administration's ,business ,opportunities ,overseas ,act1 shall not exceed #cj days4 4 7,c7 ,technical and conforming amendment ,section #acajb7;a77#a7 of title #e1 ,united ,states ,code1 is amended by inserting and paragraph 7#ac7 after paragraphs 7#a7 through 7#h74 7b7 ,financial interests 7#a7 ,written confirmation ,not later than #cj days after the date on which any individual begins working in a covered position-- 7,a7 the individual shall confirm in writing that the individual-- 7i7 has no financial interest in any foreign country with which the individual will be working2 7ii7 if a pre-existing financial interest exists1 will divest or place the financial interest in a qualified blind trust1 as defined in section #acajd7;f77#c7 of title #e1 ,united ,states ,code1 within #fj days of the date of the written confirmation2 and 7iii7 commits to undertaking no new financial interest in any foreign country with which the individual will be working during the #a-year period beginning on the date on which the individual vacates the covered position2 and 7,b7 the head of the relevant office1 department1 or agency that employs the individual shall-- 7i7 review and certify the written confirmation required under subparagraph 7,a72 and 7ii7 submit the written confirmation required under subparagraph 7,a7 and certification required under clause 7i7 of this subparagraph to the appropriate congressional committees4 7#b7 ,relation to other requirements ,a written confirmation required under paragraph 7#a77;,a7 shall be in addition to any other financial disclosure or ethics report otherwise required by law4 #e4 ,quarterly submissions 7a7 ,in general ,not later than #ij days after the effective date under section #h7;a71 and every #ij days thereafter1 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 department4 7b7 ,elements ,each list required under subsection 7a7 shall include1 with respect to each individual working in a covered position-- 7#a7 the name and title of the individual2 and 7#b7 a brief description of the duties of the individual1 including the countries and organizations the individual is expected to engage with on behalf of the ,united ,states ,government in the covered position4 #f4 ,enforcement 7a7 ,statutory penalties 7#a7 ,penalties relating to written confirmation ,an individual working in a covered position who knowingly fails to comply with the requirements under section #d7;b77#a77;,a7 shall be fined under title #ah1 imprisoned for not more than #a year1 or both4 7#b7 ,other statutory penalties ,an individual working in a covered position who knowingly fails to comply with any requirement under this ,act1 or any amendment made by this ,act-- 7,a7 shall lose access to ,united ,states ,government funds for staff support1 facilities1 travel support1 and consular services2 7,b7 shall be subject to referral to the ,department of ,justice2 and 7,c7 shall be subject to suspension from performing any covered function until compliance with this ,act and the amendments made by this ,act is achieved4 7b7 ,agency enforcement 7#a7 ,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 ,act4 7#b7 ,failure to submit certifications ,if the head of a ,federal agency or department fails to submit any certification under section #d7;b77#a77;,b7 or any quarterly list under section #e7;a71 the head of that ,federal agency or department shall report the failure to each appropriate congressional committee within #ae days of the discovery of such failure4 7c7 ,additional consequences for noncompliance ,if an individual nominated for a covered position is found to be in violation of any provision of this ,act1 or an amendment made by this ,act1 a committee of ,congress may-- 7#a7 delay nomination hearings and confirmation processes for the individual2 7#b7 recommend suspension of the duties of the individual2 and 7#c7 determine if referral to the ,department of ,justice is warranted4 #g4 ,guidance ,not later than #abj days after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management and the ,director of the ,office of ,government ,ethics shall issue joint guidance to implement this ,act4 #h4 ,applicability 7a7 ,effective date ,all requirements1 obligations1 and prohibitions established under this ,act1 and the amendments made by this ,act1 shall take effect #ahj days after the date of enactment of this ,act4 7b7 ,current individuals working in covered positions ,any individual working in a covered position on the effective date under subsection 7a7 shall comply with all the requirements of this ,act1 and the amendments made by this ,act1 not later than #fj days after that effective date4 7c7 ,no waiver or delay ,no provision of this ,act1 nor any amendment made by this ,act1 nor any requirement imposed thereunder1 may be waived1 delayed1 suspended1 or otherwise modified by the ,executive ,office of the ,president or any ,federal agency or department4 7d7 ,continuing applicability ,compliance with this ,act1 and the amendments made by this ,act1 shall be a continuing condition of service in any covered position4