SB 1397

This bill enacts the "Tennessee Foreign Adversary and Chinese Military Company Disclosure and Accountability Act, "" the purpose of which is to provide transparency to the public in this state regarding the political, propaganda, and influence operations activities conducted by agents of adversarial nations and blacklisted Chinese mili tary companies within this state. AFFIDAVIT REQUIRED BY LOBBYISTS OF FOREIGN ADVERSARY PRINCIPALS In addition to any other disclosures required by law, this bill requires a lobbyist who engages in lobbying on behalf of a foreign adversary principal to c omplete an affidavit certifying that the person or entity is lobbying voluntarily on behalf of the foreign adversary principal, under the lobbyist's free will, on behalf of a foreign adversary of the United States. As used in this bill, a ""foreign advers ary principal"" means any of the following:  A government of a foreign adversary country and a foreign political party . As used in this bill, a ""foreign adversary"" means the People's Republic of China, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region (China); the Republic of Cuba (Cuba); the Islamic Republic of Iran (Iran); the Democratic People's Republic of Korea (North Korea); and the Russian Federation (Russia) .  A person or entity residing in a foreign adversary country if the person or entity is not (i) a citizen of and domiciled within the United States or of any state or territory of the United States under the jurisdiction of the United States; or (ii) a business entity that is organized or was created under the laws of the United States, or of any state or territory of the United States under the jurisdiction of the United States, and has its principal place of business within the United States .  A legal entity that is 20% or more beneficially owned by a person or entity and is organized as a legal entity under the laws of an adversary country or that has its principal place of business in an adversary country . AFFIDAVIT REQUIRED BY LOBBYISTS OF CHINESE MILITARY COMPANIES In addition to any other di sclosures required by law, this bill requires a lobbyist who engages in lobbying on behalf of a Chinese military company to complete an affidavit certifying the lobbyist:  Voluntarily and under the lobbyist's free will is engaging in lobbying on behalf of a Chinese military company operating within the United States . As used in this bill, a ""Chinese military company"" means a company blacklisted by the department of defense by its inclusion on the most recent version of the department of defense's list of Chinese military companies operating in the United States under Section 1260H of the federal National Defense Authorization Act .  Understands that the People's Republic of China, under the rule of the Chinese communist party, has a stated goal of displacing the United States as the world's leading power in order to create a world order that is more friendly to communist values and more hostile toward free and democratic values .  Understands that Chinese military companies play a key role in the Chinese communist party's ultimate goal of dominating the industrial sectors necessary to defeat the United States and its allies in a war .  Understands that assisting a Chinese military company advances the Chinese communist party's goals of displacing the United States as the world's leading power and defeating the United States in a war. This bill provides that an affidavit made by a lobbyist under this provision is sufficient to satisfy the affidavit requirement under the provisions relative to lobbyists of foreig n adversary principals. VIOLATIONS AND PENALTIES This bill provides that it is unlawful for a person or entity to engage in lobbying for a foreign adversary or Chinese military company covered under this bill without having first made the required lobby ing disclosures. However, t his bill does not limit or repeal any other lobbying disclosure requirements required under state or federal law. This bill requires a person or entity who engages in lobbying for a foreign adversary or Chinese military compan y covered under this bill without having first made the required lobbying disclosures to be fined a civil penalty of $50, 000 per violation, up to a maximum of 20 violations per year. Each day a lobbyist engages in such prohibited activity is a separate vi olation ."