Kaine, Merkley, & Colleagues Introduce New Legislation to Close Ethics Loopholes for All Officials Representing the U.S. Abroad

WASHINGTON, D.C. - U.S. Senator Tim Kaine (D-VA), a member of the Senate Foreign Relations Committee, joined Senator Jeff Merkley (D-OR) and other colleagues in introducing the Transparency in the Administration's Business Opportunities Overseas (TABOO) Act. The new legislation mandates strong ethics requirements for every individual representing the United States government in negotiations with foreign governments and international multilateral organizations, including Special Envoys and other officials serving in similar roles as paid employees, volunteers, or in unpaid capacities.

These individuals representing the United States, such as Jared Kushner and Steve Witkoff, frequently exercise significant authority and speak for the country on sensitive diplomatic and national security matters. However, current gaps in federal law allow individuals serving in these roles to conduct high-stakes negotiations with foreign governments while holding undisclosed financial interests in those same countries, creating the risk-or at least impression-that personal profit, rather than the national interest, shapes American foreign policy.

"When someone is given the honor of representing the United States in a sensitive diplomatic negotiation, it is a basic expectation that they will prioritize America's national security interests-not their personal pocketbooks. But many senior officials in the Trump-Vance Administration seem to openly disdain this public trust and instead see their roles primarily as a means for personal enrichment and brazen corruption," said Kaine. "This legislation will ensure individuals given the privilege of representing the United States are actually working for the American people."

In addition to Kaine, the TABOO Act is cosponsored by U.S. Senators Jacky Rosen (D-NV), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Andy Kim (D-NJ), Chris Coons (D-DE), Cory Booker (D-NJ), and Jack Reed (D-RI).

The TABOO Act would:

• Deem all individuals in covered positions to be officers or employees for purposes of federal bribery, graft, and conflict of interest laws, regardless of employment, compensation, or volunteer status.
• Designate individuals serving as Special Envoys or in similar positions as public financial disclosure filers.
• Limit filing extensions for these individuals to no more than 30 days.
• Require individuals, within 30 days of starting, to certify in writing that they hold no financial interest, including any interest held by a spouse or immediate family member, in the countries they will work with, to divest or place any pre-existing interest in a qualified blind trust within 60 days, and to commit to acquiring no new financial interest in those countries for 1 year after vacating the position.
• Require the Executive Branch to provide a quarterly list of all individuals serving as Special Envoys or in similar positions, along with a brief description of their duties and the countries and organizations they are expected to engage with.
• Outline enforcement mechanisms to ensure compliance with the requirements set forth in the Act.

Full text of the TABOO Act is available here.

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