4 | 3 | | |
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5 | 4 | | HOUSE BILL 887 |
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6 | 5 | | By Todd |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0887 |
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10 | 9 | | 002249 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 3, |
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14 | 13 | | Chapter 6; Title 4; Title 39, Chapter 16, Part 5 and |
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15 | 14 | | Title 58, Chapter 2, relative to lobbying regulation. |
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16 | 15 | | |
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17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding the following |
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19 | 18 | | as a new chapter: |
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20 | 19 | | 4-40-101. |
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21 | 20 | | This part is known and may be cited as the "Tennessee Foreign Adversary and |
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22 | 21 | | Chinese Military Company Disclosure and Accountability Act." |
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23 | 22 | | 4-40-102. |
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24 | 23 | | The purpose of this act is to provide transparency to the public in this state |
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25 | 24 | | regarding the political, propaganda, and influence operations activities conducted by |
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26 | 25 | | agents of adversarial nations and blacklisted Chinese military companies within this |
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27 | 26 | | state. |
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28 | 27 | | 4-40-103. |
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29 | 28 | | As used in this part, unless context otherwise requires: |
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30 | 29 | | (1) "Chinese military company" means a company blacklisted by the |
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31 | 30 | | department of defense by its inclusion on the most recent version of the |
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32 | 31 | | department of defense's list of Chinese military companies operating in the |
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33 | 32 | | United States under Section 1260H of the National Defense Authorization Act; |
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34 | 33 | | (2) "Foreign adversary" means a country or territory on the list |
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35 | 34 | | maintained by the department of commerce and compiled in 15 CFR 791.4(a), as |
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36 | 35 | | of January 1, 2025; |
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37 | 36 | | |
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38 | 37 | | |
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39 | 38 | | - 2 - 002249 |
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40 | 39 | | |
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41 | 40 | | (3) "Foreign adversary principal" means: |
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42 | 41 | | (A) A government of a foreign adversary country and a foreign |
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43 | 42 | | political party; |
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44 | 43 | | (B) A person residing in a foreign adversary country; provided, |
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45 | 44 | | however, the person is not: |
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46 | 45 | | (i) A citizen of and domiciled within the United States or of |
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47 | 46 | | any state or territory of the United States under the jurisdiction of |
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48 | 47 | | the United States; or |
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49 | 48 | | (ii) A business entity that is organized or was created |
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50 | 49 | | under the laws of the United States, or of any state or territory of |
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51 | 50 | | the United States under the jurisdiction of the United States, and |
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52 | 51 | | has its principal place of business within the United States; or |
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53 | 52 | | (C) A legal entity that is twenty percent (20%) or more beneficially |
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54 | 53 | | owned by a person and is organized as a legal entity under the laws of an |
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55 | 54 | | adversary country or that has its principal place of business in an |
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56 | 55 | | adversary country; |
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57 | 56 | | (4) "Lobby" has the same meaning as defined in § 3-6-301; |
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58 | 57 | | (5) "Lobbyist" means any person who engages in lobbying for |
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59 | 58 | | compensation; and |
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60 | 59 | | (6) "Person" means an individual, group of individuals, partnership, |
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61 | 60 | | association, corporation, or any other business unit or legal entity. |
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62 | 61 | | 4-40-104. |
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63 | 62 | | (a) In addition to any other disclosures required by law, a lobbyist who engages |
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64 | 63 | | in lobbying on behalf of a foreign adversary principal must complete an affidavit |
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65 | 64 | | certifying that the person is lobbying voluntarily on behalf of the foreign adversary |
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66 | 65 | | |
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67 | 66 | | |
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68 | 67 | | - 3 - 002249 |
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69 | 68 | | |
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70 | 69 | | principal, under the lobbyist's free will, on behalf of a foreign adversary of the United |
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71 | 70 | | States. |
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72 | 71 | | (b) In addition to any other disclosures required by law, a lobbyist who engages |
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73 | 72 | | in lobbying on behalf of a Chinese military company must complete an affidavit certifying |
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74 | 73 | | the lobbyist: |
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75 | 74 | | (1) Voluntarily and under the lobbyist's free will is engaging in lobbying |
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76 | 75 | | on behalf of a Chinese military company operating within the United States; |
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77 | 76 | | (2) Understands that the People's Republic of China, under the rule of |
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78 | 77 | | the Chinese communist party, has a stated goal of displacing the United States |
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79 | 78 | | as the world's leading power in order to create a world order that is more friendly |
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80 | 79 | | to communist values and more hostile towards free and democratic values; |
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81 | 80 | | (3) Understands that Chinese military companies play a key role in the |
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82 | 81 | | Chinese communist party's ultimate goal of dominating the industrial sectors |
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83 | 82 | | necessary to defeat the United States and its allies in a war; and |
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84 | 83 | | (4) Understands that assisting a Chinese military company advances the |
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85 | 84 | | Chinese communist party's goals of displacing the United States as the world's |
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86 | 85 | | leading power and defeating the United States in a war. |
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87 | 86 | | (c) A certification made by a lobbyist under subsection (b) is sufficient to satisfy |
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88 | 87 | | the certification requirement under subsection (a). |
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89 | 88 | | 4-40-105. |
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90 | 89 | | (a) It is unlawful for a person to engage in lobbying for a foreign adversary or |
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91 | 90 | | Chinese military company covered under this part without having first made the lobbying |
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92 | 91 | | disclosures, as required under § 4-40-104. This section does not limit or repeal any |
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93 | 92 | | other lobbying disclosure requirements required under state or federal law. |
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94 | 93 | | (b) |
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95 | 94 | | |
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96 | 95 | | |
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97 | 96 | | - 4 - 002249 |
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98 | 97 | | |
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99 | 98 | | (1) A person who engages in lobbying for a foreign adversary or Chinese military |
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100 | 99 | | company covered under this part without having first made the lobbying disclosures |
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101 | 100 | | required by § 4-40-104 shall be fined a civil penalty of fifty thousand dollars ($50,000) |
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102 | 101 | | per violation, up to a maximum of twenty (20) violations per year. |
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103 | 102 | | (2) Each day a lobbyist engages in lobbying for a foreign adversary or Chinese |
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104 | 103 | | military company covered under this part without having made the lobbying disclosures |
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105 | 104 | | required by § 4-40-104 is a separate violation. |
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106 | 105 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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