Foreign Adversary and Terrorist Agent Registration and Transnational Repression Act

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Summary

An Act relating to foreign entities; to amend relevant sections of this state’s code; to adopt the Foreign Adversary and Terrorist Agent Registration Act and the Transnational Repression Act; to provide requirements under the relevant statute for a lobbyist engaged in lobbying activity or a consultant engaged in influencing activity on behalf of a Chinese military company; to change provisions relating to statements of financial interests; to provide for payments by the relevant state office to persons reporting certain violations; to provide civil penalties; to define and redefine terms; to change provisions of the relevant statute, if applicable prohibiting contracting with a foreign adversary relating to certain allowed contracts; to prohibit certain companies from receiving benefits from incentive programs; to provide requirements and restrictions relating to genetic sequencing activities by medical and research facilities; to provide restrictions relating to the storage of and remote access to genetic sequencing data; to harmonize provisions; to provide an operative date; to provide severability; and to repeal the original sections.

Draft

Foreign Adversary and Terrorist Agent Registration and Transnational Repression Act

Be it enacted by the people of this state.

Section 1. Sections 1 to 13 of this act shall be known and may be cited as the Foreign Adversary and Terrorist Agent Registration Act.

Section 2. The purpose of the Foreign Adversary and Terrorist Agent Registration Act is to provide public transparency for the political and propaganda activities and influence operations of agents of adversary nations and foreign terror organizations in this state.

Section 3. For purposes of the Foreign Adversary and Terrorist Agent Registration Act:

(1) Adversary nation means those countries listed in 15 C.F.R. 791.4, as such regulation existed on April 1, 2025;

(2) (A) Agent of a foreign principal means:

(i) Any person who directly, or through any other person, within this state, engages in covered activities and who acts:

(ii) Any person who agrees, consents, assumes, or purports to act as, or who is or purports to be, whether or not pursuant to a contractual relationship, an agent of a foreign principal as defined in subdivision (2)(a)(i) of this section.

(b) Agent of a foreign principal does not include any media entity, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as:

(i) The media entity is at least eighty percent beneficially owned by citizens of the United States;

(ii) Any officers and directors of the media entity are citizens of the United States; and

(iii) The media entity is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by, any foreign principal or by any agent of a foreign principal required to register under the Foreign Adversary and Terrorist Agent Registration Act;

(3) Covered activities means:

(a) Engaging in political activities for, or in the interests of, a foreign principal;

(b) Acting as a public relations counsel, publicity agent, information-service employee or political consultant for, or in the interests of, a foreign principal;

(c) Soliciting, collecting, disbursing, or dispensing contributions, loans, money, or other things of value for, or in the interests of, a foreign principal; or

(d) Representing the interests of such foreign principal before any agency or official of this state or a political subdivision of this state;

(4) False statement of material fact includes any of the following with respect to a registration statement, a supplement to such statement, or any document filed with or furnished to the Attorney General under the Foreign Adversary and Terrorist Agent Registration Act:

(a) A false statement of material fact;

(b) An omission of a material fact required to be reported; and

(c) An omission of a material fact or copy of a material document necessary to make the statements made in such statement, supplement, or document not misleading;

(5) Foreign political party means any organization or any other combination of individuals in a country other than the United States, or any unit or branch thereof, having for an aim or purpose, or which is engaged in any activity devoted in whole or in part to, the establishment, administration, control, or acquisition of administration or control, of a government of a foreign country or a subdivision thereof, or the furtherance or influencing of the political or public interests, policies, or relations of a government of a foreign country or a subdivision thereof;

(6) Foreign principal means:

(a) A government of a foreign country, any agency or instrumentality of such government, or a foreign political party;

(b) A person outside of the United States, unless it is established that such person is an individual and a citizen or permanent resident of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States;

(c) A partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country;

(d) A partnership, association, corporation, organization, or other combination of persons that is at least twenty percent beneficially owned by a partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country;

(e) Any person that owns or operates in whole or in part an entity described in subdivision (6)(d) of this section;

(f) Any person that is owned or operated in whole or in part by a person or entity described in subdivision (6)(a), (b), (c), or (e) of this section; or

(g) A foreign terrorist organization;

(7) Foreign terrorist organization means an organization included on the United States Department of State’s list of designated foreign terrorist organizations pursuant to U.S.C. 1189, as such section existed on April 1, 2025;

(8) Government of a foreign country means any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country, other than the United States, or over any part of such country, and includes any subdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. Such term shall include any faction or body of insurgents within a country assuming to exercise governmental authority whether such faction or body of insurgents has or has not been recognized by the United States;

(9) Information service employee means any person who is engaged in furnishing, disseminating, or publishing accounts, descriptions, information, or data with respect to the political, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United States, any government of a foreign country, any foreign political party, or a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign country;

(10) Media entity means any:

(a) News or press service or association organized under the laws of the United States, any state, or any other place subject to the jurisdiction of the United States;

(b) Newspaper, magazine, periodical, or other publication; or

(11) Owned or operated in whole or in part means that a person has the power, directly or indirectly, whether or not exercised, to determine, direct, or decide important matters affecting an entity, including through:

(a) The ownership of at least twenty percent of the total outstanding voting interest in an entity;

(b) Board representation;

(d) Proxy voting, a special share, contractual arrangements, legal obligations, or formal or informal arrangements to act in concert; or

(e) Any other means;

(12) Person means an individual, a partnership, an association, a corporation, an organization, or any other entity or combination of individuals;

(13) Political activities means any activity that the person engaging in believes will, or that the person intends to, in any way influence any agency or official of this state or a political subdivision of this state with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or of this state with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party;

(14) Political consultant means any person who engages in informing or advising any other person with reference to the policies of this state or the political or public interest, policies, or relations of a foreign country or of a foreign political party;

(15) Political propaganda means information, especially of a biased or misleading nature, used to promote the political cause or point of view of an adversary nation, a foreign terrorist organization, or a political party from an adversary nation or a foreign terrorist organization;

(16) Postsecondary educational institution has the same meaning as postsecondary institution in the relevant section of the relevant statute;

(17) Prints means newspapers, periodicals, books, pamphlets, sheet music, visiting cards, address cards, printing proofs, engravings, photographs, pictures, drawings, plans, maps, patterns to be cut out, catalogs, prospectuses, and advertisements; printed, engraved, lithographed, or autographed notices of various kinds; and, in general, all impressions or reproductions obtained on paper or other material assimilable to paper, on parchment or on cardboard, by means of printing, engraving, lithography, autography, or any other easily recognizable mechanical process, with the exception of the copying press, stamps with movable or immovable type, and the typewriter;

(18) Public relations counsel means any person who engages directly or indirectly in informing, advising, or in any way representing a principal in any public relations matter pertaining to political or public interests, policies, or relations of such principal;

(19) Publicity agent means any person who engages directly or indirectly in the publication or dissemination of oral, visual, graphic, written, or pictorial information or matter of any kind, including publication by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or otherwise;

(20) Registration statement means the registration statement required to be filed with the Attorney General under section 4 of this act, and any supplements to such statement required to be filed under such section, and includes all documents and papers required to be filed with, or in amendment to, such statement or supplements, whether attached or incorporated by reference; and

(21) United States, when used in a geographical sense, means the several states, the District of Columbia, the territories, the insular possessions, and all other places now or hereafter subject to the civil or military jurisdiction of the United States.

Section 4.

(1) No person shall act as an agent of a foreign principal from an adversary nation or a foreign terrorist organization unless such person has filed with the Attorney General a true and complete registration statement and supplements to such statement as required by this section or unless such person is exempt from registration under the Foreign Adversary and Terrorist Agent Registration Act. Except as otherwise provided under the act, every person who becomes an agent of a foreign principal from an adversary nation or a foreign terrorist organization shall, within ten days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General. The obligation of such an agent to file a registration statement shall, after the tenth day of such person becoming such an agent, continue from day to day, and termination of such status shall not relieve such agent from the obligation to file a registration statement for the period during which such agent was an agent of a foreign principal from an adversary nation or a foreign terrorist organization. The registration statement shall include the following, which shall be regarded as material for the purposes of this subsection:

(a) The registrant’s name, principal business address, and all other business addresses in the United States or elsewhere, and all residence addresses, if any;

(b) The status of the registrant, including:

(c)

(d)

(e) The nature and amount of any contributions, income, money, or thing of value that the registrant has received within the preceding one hundred eighty days from each such foreign principal from an adversary nation or a foreign terrorist organization, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;

(f)

(g)

(h) Copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, or, if no agreement exists, a full statement of all the circumstances, by reason of which the registrant is performing, assuming or purporting to perform, directing others to perform, or has agreed to perform for the registrant, for a foreign principal from an adversary nation or a foreign terrorist organization, or for any other person, any activities that require registration under this section;

(2) Every agent of a foreign principal from an adversary nation or a foreign terrorist organization who has filed a registration statement required by subsection of this section shall, within thirty days after the expiration of each period of six months succeeding such filing, file with the Attorney General a supplement to such statement under oath, on a form prescribed by the Attorney General. Such statement shall set forth, with respect to such preceding six-month period, such facts as the Attorney General, having due regard for the national security and the public interest, deems necessary to make the information required under this section accurate, complete, and current with respect to such six month period. In connection with the information furnished under subdivisions (1)(c), (d), (f)(i), and (h) of this section, the registrant shall give notice to the Attorney General of any change therein within ten days after such change occurs. If the Attorney General, having due regard for the national security and the public interest, determines that it is necessary to carry out the purposes of the Foreign Adversary and Terrorist Agent Registration Act, the Attorney General may, in any particular case, require supplements to the registration statement to be filed at more frequent intervals with respect to all or particular items of information to be furnished.

(3) The registration statement and supplements to such statement shall be executed under oath as follows:

(a) If the registrant is an individual, by such individual;

(b) If the registrant is a partnership, by the majority of the partners thereof; and

(c) If the registrant is a person other than an individual or a partnership, by a majority of the officers thereof or persons performing the functions of officers or by a majority of the board of directors thereof or persons performing the functions of directors, if any.

(4) The fact that a registration statement or supplement has been filed shall not:

(a) Necessarily be deemed full compliance with the Foreign Adversary and Terrorist Agent Registration Act and the rules and regulations adopted and promulgated under the act on the part of the registrant;

(b) Indicate that the Attorney General has in any way passed upon the merits of such statement or supplement; or

(5) If any agent of a foreign principal required to register under the Foreign Adversary and Terrorist Agent Registration Act has previously registered with the Attorney General under the act, the Attorney General, in order to eliminate inappropriate duplication, may permit the incorporation by reference in the registration statement or supplements of any information or documents previously filed by such agent.

Section 5.

(1) Section 4 of this act shall not apply to the following agents of foreign principals:

(a) A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the United States Department of State, while such officer is engaged exclusively in activities that are recognized by the United States Department of State as being within the scope of the functions of such officer;

(b) Any official of a foreign government, if such government is recognized by the United States, who is not a public relations counsel, publicity agent, information service employee, or a citizen of the United States, whose name and status and the character of whose duties as such official are of public record in the United States Department of State, while such official is engaged exclusively in activities that are recognized by the United States Department of State as being within the scope of the functions of such official;

(c) Any member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the United States Department of State, other than a public relations counsel, publicity agent, or information service employee, whose name and status and the character of whose duties as such member or employee are of public record in the United States Department of State, while such member or employee is engaged exclusively in the performance of activities that are recognized by the United States Department of State as being within the scope of the functions of such member or employee;

(d) Any person qualified to practice law in this state, insofar as such person engages or agrees to engage in the legal representation of a foreign principal from an adversary nation or a foreign terrorist organization before any state or federal court or agency or any agency of a political subdivision of this state, except that for the purposes of the Foreign Adversary and Terrorist Agent Registration Act, legal representation does not include attempts to influence or persuade agency personnel or officials other than in the course of judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record; or

(e) Any person who advocates on behalf of an individual for individualized immigration relief.

(2) No person acting as an agent of a foreign principal from an adversary nation or a foreign terrorist organization shall subcontract for services for activities regulated under the Foreign Adversary and Terrorist Agent Registration Act requiring registration as an agent of a foreign principal, or otherwise induce another person to carry out activities that are so regulated under the act unless such person fully informs all parties of their status as such an agent. The requirements of this subsection apply to any person carrying out services or activities regulated under the act requiring registration as an agent of a foreign principal.

Section 6.

(1) Every person within this state who is an agent of a foreign principal from an adversary nation or a foreign terrorist organization and who is required to register under the Foreign Adversary and Terrorist Agent Registration Act and who transmits or causes to be transmitted in the United States mail, through digital communication, or by any means or instrumentality of interstate or foreign commerce any informational materials for, or in the interests of, such foreign principal in the form of prints or in any other form that is reasonably adapted to being, that such person believes will be, or that such person intends to be, disseminated or circulated among two or more persons shall, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Attorney General two copies thereof.

(2) It shall be unlawful for any person within this state who is an agent of a foreign principal from an adversary nation or a foreign terrorist organization and required to register under the Foreign Adversary and Terrorist Agent Registration Act to transmit or cause to be transmitted in the United States mail, through digital communication, or by any means or instrumentality of interstate or foreign commerce any informational materials for, or in the interests of, such foreign principal without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of such foreign principal, and that additional information is on file with the Attorney General. The Attorney General may by rule and regulation define what constitutes a conspicuous statement for the purposes of this section.

(3) The copies of informational materials required by this section to be filed with the Attorney General shall be available for public inspection under such rules and regulations as the Attorney General may adopt and promulgate.

(4) It shall be unlawful for any person within this state who is an agent of a foreign principal from an adversary nation or a foreign terrorist organization required to register under the Foreign Adversary and Terrorist Agent Registration Act to transmit, convey, or otherwise furnish to any agency or official of the state, including any agency or official of a political subdivision of the state, for or in the interests of such foreign principal, any political propaganda, or to request from any such agency or official for, or in the interests of, such foreign principal, any information or advice with respect to any matter pertaining to the political or public interests, policies, or relations of an adversary nation, a foreign terrorist organization, or a political party from an adversary nation or a foreign terrorist organization, or pertaining to the foreign or domestic policies of the United States or this state, unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under the Foreign Adversary and Terrorist Agent Registration Act.

(5) Whenever any agent of a foreign principal from an adversary nation or a foreign terrorist organization required to register under the Foreign Adversary and Terrorist Agent Registration Act appears before any committee of the Legislature or a local government to testify for, or in the interests of, such foreign principal, such agent shall, at the time of such appearance, furnish the committee with a copy of such agent’s most recent registration statement filed with the Attorney General for inclusion in the records of the committee as part of such agent’s testimony.

Section 7.

(1) Every person who is an agent of a foreign principal from an adversary nation or a foreign terrorist organization registered under the Foreign Adversary and Terrorist Agent Registration Act shall keep and preserve, while such person is such an agent, such books of account and other records with respect to all activities, the disclosure of which is required under the act, in accordance with such business and accounting practices, as the Attorney General, having due regard for the national security and the public interest, may by rule and regulation require as necessary or appropriate for the enforcement of the act and shall preserve such records for a period of three years following the termination of such status. Until rules and regulations are in effect under this section, every agent of a foreign principal from an adversary nation or a foreign terrorist organization shall keep books of account and shall preserve all written records with respect to such agent’s activities. Such books and records shall be open at all reasonable times to the inspection of any official charged with the enforcement of the act.

(2) No person shall willfully

(a) conceal, destroy, obliterate, mutilate, or falsify, any book or record that is required to be kept under the act,

(b) attempt such conduct, or

Section 8.

(1) The Attorney General shall retain in permanent form one copy of each registration statement furnished under the Foreign Adversary and Terrorist Agent Registration Act, and such statement shall be a public record and open to public examination and inspection at such reasonable hours, under such rules and regulations as the Attorney General may adopt and promulgate.

(2) The Attorney General shall, upon receipt, promptly transmit one copy of any registration statement filed, and one copy of every amendment or supplement to such statement filed, to the United States Secretary of State for such comment and use as the secretary may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General to transmit such copy shall not be a bar to prosecution under the Foreign Adversary and Terrorist Agent Registration Act.

(3) The Attorney General may furnish information obtained by the Attorney General in the administration of the act to state and federal agencies and to committees of the Legislature. The Attorney General may furnish such information as may be appropriate in light of the purposes of the act. This includes, but is not limited to, the names of registrants under the act, copies of registration statements, or parts thereof, and other documents or information filed under the act.

(4) The Attorney General shall report to the Legislature every six months concerning administration of the Foreign Adversary and Terrorist Agent Registration Act, including registrations filed pursuant to the act, and the nature, sources, and content of political propaganda disseminated and distributed.

(5) The Attorney General shall post a monthly report on the portal described in section of this act concerning administration of the Foreign Adversary and Terrorist Agent Registration Act, including registrations filed pursuant to the act, and the nature, sources, and content of political propaganda disseminated and distributed.

Section 9. For an agent of a foreign principal from an adversary nation or a foreign terrorist organization that is not an individual, each officer or director of such agent or person performing the functions of an officer or a director shall cause such agent to execute and file a registration statement and supplements to such statement as and when such filing is required under section 4 of this act and shall also cause such agent to comply with sections 6 and 7 of this act and all other requirements of the Foreign Adversary and Terrorist Agent Registration Act. Dissolution of any organization acting as an agent of a foreign principal from an adversary nation or a foreign terrorist organization shall not relieve any such agent from complying with this section. In case of the failure of any such agent to comply with any of the requirements of the act, each of such agent’s officers, directors, or persons performing the functions of officers or directors shall be subject to prosecution under the act.

Section 10. (1)(a) A person shall not:

(b) A person who violates this subsection shall be subject to a civil penalty of up to fifty thousand dollars. The total civil penalties a person may be required to pay under this subsection shall not exceed fifty thousand dollars for any violations occurring in the same calendar year. All penalties collected under this section shall be remitted to the State Treasurer for distribution in accordance with the relevant section of this state’s constitution.

(2) If a person found to be in violation of subsection (1) of this section is a student, a faculty member, a researcher, or an adjunct or is otherwise employed by or associated with a postsecondary educational institution, such person may be expelled or dismissed from any role with any postsecondary educational institution in this state and may be prohibited from entering any campus of such an institution in this state. It shall be the purview of the postsecondary educational institution to establish appropriate responses to violations of subsection (1) of this section.

(3) Each postsecondary educational institution in this state shall adopt a policy regarding any permanent expulsion and dismissal of persons found to be in violation of subsection (1) of this section.

(4) In any proceeding under the act brought by the Attorney General in which it is alleged that a person is an agent of a foreign principal from an adversary nation or a foreign terrorist organization, the specific identity of the principal shall be alleged, and it shall be the burden of the Attorney General to prove such identity.

(5) Failure to file any registration statement or supplements to such statement as required by section 4 of this act shall be considered a continuing violation for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary.

(6) Whenever, in the judgment of the Attorney General, any person has engaged in any act or practice that constitutes a violation of the Foreign Adversary and Terrorist Agent Registration Act or any rule or regulation under the act, the Attorney General may apply to the district court for an order enjoining such acts or practices or for an order directing compliance. Upon a showing by the Attorney General that such person has engaged in any such acts or practices, the court may issue a temporary or permanent injunction, restraining order, or such other order that it may deem proper.

(7) If the Attorney General determines that a registration statement does not comply with the requirements of the Foreign Adversary and Terrorist Agent Registration Act or the rules and regulations adopted and promulgated under the act, the Attorney General shall notify the registrant in writing, specifying in what respects the statement is deficient. No person shall act as an agent of a foreign principal from an adversary nation or a foreign terrorist organization at any time ten days or more after receipt of such notification without filing an amended registration statement in full compliance with the requirements of the act and the rules and regulations adopted and promulgated under the act.

(8) It shall be unlawful for any agent of a foreign principal from an adversary nation or a foreign terrorist organization required to register under the Foreign Adversary and Terrorist Agent Registration Act to be a party to any contract, agreement, or understanding, either express or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent, in whole or in part, upon the success of any political activities carried on by such agent.

Section 11.

(1) All businesses and nonprofit organizations operating within this state shall attest that they are cognizant of and in compliance with the Foreign Adversary and Terrorist Agent Registration Act.

(2) The attestation required by this section shall be filed as follows:

(a) For a domestic or foreign limited liability company, the attestation shall be included in the biennial report in each odd-numbered year under the relevant section of the relevant statute;

(b) For a domestic or foreign corporation subject to this state’s Model Business Corporation Act or other relevant Act, the attestation shall be included in the biennial report in each even-numbered year under the relevant section of the relevant statute;

(c) For a domestic or foreign nonprofit corporation, the attestation shall be included in the biennial report in each odd-numbered year under the relevant section of the relevant statute;

(d) For a domestic or foreign limited liability partnership, the attestation shall be included in the annual report under the relevant section of the relevant statute;

(e) For banking, insurance, and building and loan association corporations paying fees and making reports to the Director of Insurance or the Director of Banking and Finance, the attestation shall be included on a report filed with the Director of Insurance or the Director of Banking and Finance. Each director shall determine the frequency with which such reports must be filed but shall not require a report to be filed more frequently than on an annual basis; and

(f) For any other business or nonprofit organization not described in subdivisions (2)(a) through (e) of this section, the attestation shall be included on the annual or biennial report submitted to the Secretary of State as required by the organic law of the business or nonprofit organization.

(3) The Attorney General shall develop the attestation required by this section in consultation with the Secretary of State.

(4) The Secretary of State may adopt and promulgate rules and regulations to carry out this section.

(5) An unincorporated entity that is of a type that is not created by filing a public organic document with the Secretary of State is exempt from this section.

Section 12.

(1) In order to increase public transparency, the Attorney General shall provide information about agents of foreign principals registered in this state on a portal of the Attorney General’s website. The portal shall contain the information about each registrant and each registrant’s activities within this state.

(2) The Attorney General may exchange data with government officials in other states and the federal government in order to increase the transparency and registration compliance of foreign principals from adversary nations or foreign terrorist organizations that operate in multiple states.

Section 13.

(1) In order to ensure compliance with the Foreign Adversary and Terrorist Agent Registration Act, if the Attorney General has reasonable cause to believe that any person has engaged in or is engaging in any act or practice in violation of the Foreign Adversary and Terrorist Agent Registration Act, the Attorney General shall have the power to issue civil investigative demands to persons suspected of being agents of foreign principals from adversary nations or foreign terrorist organizations.

(2) The Attorney General may adopt and promulgate rules and regulations to carry out the act.

(3) In conducting investigations of potential violations of the Foreign Adversary and Terrorist Agent Registration Act and in enforcing the act, the Attorney General shall not infringe upon the protections set forth in the Personal Privacy Protection Act.

Section 14. Sections 14 to 21 of this act shall be known and may be cited as the Transnational Repression Act.

Section 15. The purpose of the Transnational Repression Act is to counter the threat and practice of transnational repression committed by foreign governments or foreign terrorist organizations against the citizens and residents of this state, and to counter the threat and practice of foreign government interstate harassment through extranational enforcement of foreign government laws and directives.

Section 16. For purposes of the Transnational Repression Act:

(1) Agent of a foreign principal means an agent directed or controlled by a foreign principal, or the proxies of such agent;

(2) Foreign adversary means a foreign adversary as determined pursuant to C.F.R. 791.4 as such regulation existed on April 1, 2025;

(3) Foreign political party means any organization or any other combination of individuals in a country other than the United States, or any unit or branch thereof, having for an aim or purpose, or that is engaged in any activity devoted in whole or in part to:

(a) The establishment, administration, control, or acquisition of administration or control, of a government of a foreign country or a subdivision thereof; or

(b) The furtherance or influencing of the political or public interests, policies, or relations of a government of a foreign country or a subdivision thereof;

(4) Foreign principal means:

(a) The government of a foreign country or any official or subdivision of such government;

(b) A foreign political party or any member or subdivision of such party;

(d) A partnership, association, corporation, organization, or other combination of persons that is:

(e) Any entity that is owned or controlled in whole or in part by a person or entity described in subdivision (4)(a), (b), (c), or (d) of this section;

(5) Foreign terrorist organization means an organization included on the United States Department of State’s list of designated foreign terrorist organizations pursuant to U.S.C. 1189, as such section existed on April 1, 2025;

(6)

(a) Government of a foreign country means any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country, other than the United States, or over any part of such country, and includes any subdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated.

(b) Government of a foreign country also includes any faction or body of insurgents within a country, other than the United States, assuming to exercise governmental authority whether such faction or body of insurgents has or has not been recognized by the United States; and

(7) Transnational repression includes actions and behaviors emanating from or attributable to a foreign principal committed by an agent of such foreign principal, acting outside or within the foreign principal’s territory, with the intention of harassing, intimidating, censoring, or otherwise extending such principal’s ability to influence, control, or impose such principal’s preferences on the behavior of individuals outside of the principal’s territory or jurisdiction. Such actions and behaviors include direct and indirect methods, including physical contact, threats, electronic targeting, actual or credible threats of collective punishment or harassment of individuals under the principal’s effective control, financial coercion, abuse of administrative processes, selective prosecution of laws of general application, or the use or direction of social media and telecommunications entities.

Section 17.

(1) For purposes of this section:

(a) Covered offense means:

(b) Protected conduct means conduct that is lawful under local, state, and federal law and consists of:

(2) Any person who commits a covered offense shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the covered offense if:

(a) The person committing the offense is an agent of a foreign principal who acts knowingly at the direction of, on behalf of, or under the influence of such foreign principal; and

(b) The person committed the offense with the intent to:

(3) If an offense is punishable as a Class I misdemeanor, the enhanced penalty under this section is a Class IV felony.

(4) The allegations supporting an enhancement under this section shall be set forth in the indictment or information, and it shall be the burden of the prosecuting attorney to prove such allegations beyond a reasonable doubt to the judge or jury in the state’s case in chief.

Section 18.

(1) A person commits an offense if, while acting as the agent of a foreign principal, such person:

(a) Intentionally engages in the prevention, detection, investigation, monitoring, surveilling, or prosecution of an offense under the law or rule of a government of a foreign country or a foreign terrorist organization at the direction of such foreign principal, government, or organization; and

(b) Such person acts without the knowledge and approval of the appropriate state or federal law enforcement agency of the United States.

(2) A violation of this section is a Class IIA felony.

Section 19. The State Patrol of this state may prepare or commission an empirical and qualitative report on the threat of transnational repression in this state and electronically submit such report to the Legislature.

Section 20. (1) The State Patrol of this state may develop a transnational repression recognition and response training. The training may be regularly updated to address emerging threats and specific information on tactics used by specific foreign principals.

(2) Such training may include:

(a) How to identify different tactics of transnational repression in physical and nonphysical forms;

(b) Those foreign principals that are known to employ transnational repression, including not only those who use it most frequently, but also those who use it most egregiously, including, but not limited to, tools of digital surveillance and other Internet-based tools frequently used to carry out transnational repression activities;

(d) Information about communities targeted by transnational repression and propaganda that may be perpetuated by foreign principals.

Section 21.

(1) The State Patrol of this state may develop a centralized and convenient website that allows members of the public to report instances of transnational repression. The website may include options for reporting in languages commonly spoken in this state, including particularly languages of communities affected more frequently by transnational repression.

(2) The patrol may conduct a public awareness campaign to inform the public:

(a) How to identify and report instances of transnational repression;

(b) How to use the website created under this section; and

(3) The patrol may electronically submit reports to the Legislature concerning complaints received on the website, outcomes of such complaints, and any instances of interference by foreign principals in the reporting process.

Section 22. The relevant section of the relevant statute is amended to read:

(1) Every person employed, retained, or authorized as a lobbyist shall, before commencing any lobbying activity:

(a) File an application with the Clerk of the Legislature for registration as a lobbyist, and if the clerk is satisfied that the application has been properly prepared, the registration shall be deemed to be complete. The application shall be on a form prescribed by the clerk and approved by the Executive Board of the Legislative Council, and shall include as a minimum the following:

(b) If any such lobbying activity is on behalf of a Chinese military company, disclose that such Chinese military company is a foreign adversary of the United States. For purposes of this subdivision (b), lobbying activity includes, but is not limited to, lobbying by means of telephone, electronic mail, United States mail or other mail delivery service, in-person meetings, or testimony at legislative hearings.

(2)(a) Every person employed, retained, or authorized as a consultant for a Chinese military company shall, before commencing any influencing activity in this state for such Chinese military company:

(i) File with the commission, on a form prescribed by the commission, information that shall include as a minimum, the following:

(A) The name, permanent residence address, and office address of the consultant;

(B) The name and address of the Chinese military company represented by such consultant;

(D) An identification of the matters on which the consultant expects to conduct influencing activity on behalf of such Chinese military company;

(E) An affirmative acknowledgment by the consultant that such consultant is influencing on behalf of, and thereby acting as an agent of, a foreign adversary of the United States; and

(F) The name and address of any official in the legislative or executive branch, and of any members of any such official’s staff or immediate family, who are employed by the consultant or any person acting on behalf of such consultant if such information is known or reasonably should have been known to the consultant; and

(ii) Disclose that such Chinese military company is a foreign adversary of the United States.

(b) For purposes of this subsection, influencing activity includes, but is not limited to, influencing by means of telephone, electronic mail, United States mail or other mail delivery service, or in-person meetings.

(3) Any person who violates subdivision (1)(a)(vi) or (1)(b) or subsection (2) of this section shall be subject to a civil penalty of one hundred thousand dollars for each violation. For any subsequent violation, the civil penalty shall be increased by one hundred thousand dollars more than the previously assessed penalty, not to exceed one million dollars per violation. All penalties collected under this section shall be remitted to the State Treasurer for distribution in accordance with the relevant section of this state’s constitution.

(4) For purposes of this section, Chinese military company has the same meaning as in the relevant section of the relevant law, as such section existed on April 1, 2025, and includes any subsidiary of a Chinese military company or any company owned or controlled, in whole or in part, by a Chinese military company.

Section 23. The relevant section of the relevant statute is amended to read:

(1) The statement of financial interests filed pursuant to the relevant section of the relevant statute shall be on a form prescribed by the commission.

(2) Individuals required to file shall file the following information for themselves:

(a) The name and address of and the nature of association with any business with which the individual was associated;

(b) The name and address of any entity in which a position of trustee was held;

(c) The name, address, and nature of business of a person or government body from whom any income in the value of one thousand dollars or more was received and the nature of the services rendered, except that the identification of patrons, customers, patients, or clients of such person from which employment income was received is not required;

(d) A description, but not the value, of the following, if the fair market value thereof exceeded one thousand dollars:

(e) The name and address of each creditor to whom the value of one thousand dollars or more was owed or guaranteed by the individual or a member of the individual’s immediate family, except for the following:

(f) The name, address, and occupation or nature of business of any person from whom a gift in the value of more than one hundred dollars was received, a description of the gift and the circumstances of the gift, and the monetary value category of the gift, based on a good faith estimate by the individual, reported in the following categories:

(g) An attestation that the individual is not an agent of a foreign principal from an adversary nation or a foreign terrorist organization, as such terms are defined in the Foreign Adversary and Terrorist Agent Registration Act. Such attestation shall be made by checking a box on the form attesting to such fact; and

(h) (g) Such other information as the individual or the commission deems necessary, after notice and hearing, to carry out the purposes of this state’s Political Accountability and Disclosure Act.

Section 24. This state’s relevant statute is amended to read:

(1) The commission, upon finding that there has been a violation of this state’s Political Accountability and Disclosure Act or any rule or regulation promulgated thereunder, may issue an order requiring the violator to do one or more of the following:

(a) (1) Cease and desist from the violation;

(b) (2) File any report, statement, or other information as required;

(c) (3) Pay a civil penalty of not more than five thousand dollars for each violation of the act, rule, or regulation; or

(d) (4) Pay the costs of the hearing in a contested case if the violator did not appear at the hearing personally or by counsel.

(2) Upon finding that there has been a violation of the relevant statute, the commission shall issue an order paying any person who provided the commission information that resulted in the finding of such violation a sum of fifty thousand dollars. Such payment shall be contingent upon the commission recovering any civil penalty sought under the statute.

Section 25. This state’s relevant statute is amended to read: This state’s Accountability and Disclosure Commission Cash Fund is hereby created. The fund shall consist of funds received by the commission pursuant to the relevant sections of the relevant statute. The fund shall be used by the commission in administering this state’s Political Accountability and Disclosure Act. Any money in the Accountability and Disclosure Commission Cash Fund available for investment shall be invested by the state investment officer pursuant to this state’s Capital Expansion Act and this state’s State Funds Investment Act. Transfers may be made from the fund to the General Fund at the direction of the Legislature. On a date to be determined, the State Treasurer shall transfer a reasonable sum from the Campaign Finance Limitation Cash Fund to the state’s Accountability and Disclosure Commission Cash Fund to be used for development, implementation, and maintenance of an electronic filing system for campaign statements and other reports under this state’s Political Accountability and Disclosure Act and for making such statements and reports available to the public on the website of the commission. The State Treasurer shall transfer the balance of the Campaign Finance Limitation Cash Fund to the Election Administration Fund on or before a date to be determined by this legislative chamber, or as soon thereafter as administratively possible.

Section 26. The relevant section of the relevant statute shall be known and may be cited as the Foreign Adversary Contracting Prohibition Act.

Section 27. For purposes of the Foreign Adversary Contracting Prohibition Act:

(1) Company means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that exists for the purpose of making a profit, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of any such entity or business association;

(2) Foreign adversary means a foreign adversary as determined pursuant to 15 C.F.R. 791.4, as such regulation existed on April 1, 2025

(3) Owned in whole or in part means:

(a) For a publicly traded company, any share of ownership that entails the ability to direct or influence the operations of the company, the ability to appoint or discharge any board members, officers, or directors, or any other rights beyond those available to a retail investor holding an equivalent share of ownership; and

(b) For a privately held company, any share of ownership;

(4) Public entity means the state or any department, agency, commission, or other body of state government, including publicly funded institutions of higher education, any political subdivision of the state, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any such public entity;

(5) Scrutinized company means:

(a) Any company organized under the laws of a foreign adversary or having its principal place of business within a foreign adversary, and any subsidiary of any such company;

(b) Any company owned in whole or in part or operated by the government of a foreign adversary, an entity controlled by the government of a foreign adversary, or any subsidiary or parent of any such company;

(c) Any company that sells to a public entity a final technology related product or service that originates with a company described in subdivision (5)(a) or (b) of this section without incorporating that product or service into another final product or service; and

(6) Technology-related product or service means a product or service used for information systems, surveillance, light detection and ranging, or communications. The term does not include unmanned aerial systems; and

(7) Unmanned aerial system means a powered, aerial vehicle that:

(a) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;

(b) Uses aerodynamic forces to provide vehicle lift;

(d) Can be expendable or recoverable.

Section 28.

(1) A public entity shall require a company that submits a bid or proposal or enters into any contract or contract renewal with any public entity for any technology-related product or service to certify:

(a) (1) That the company is not a scrutinized company;

(b) (2) That the company will not subcontract with any scrutinized company for any aspect of performance of the contemplated contract; and

(2) This section shall not apply to the contracts described in section 30 of this act.

Section 29.

(1) No public entity shall enter into any contract or contract renewal that would result in any state or local government funds being transferred:

(1) (a) To a scrutinized company in connection with any technologyrelated product or service; or

(2) (b) To any company in connection with any technology-related product or service that originates with a scrutinized company.

(2) Notwithstanding subsection (1) of this section, a public entity may enter into a contract for goods manufactured by a scrutinized company if:

(a)

(b) The purchasing entity is an electric supplier that is not out of compliance with the Critical Infrastructure Protection requirements issued by the North American Electric Reliability Corporation.

Section 30. A public entity may enter into a contract for goods manufactured by a scrutinized company if:

(1)

(a) There is no other reasonable option for procuring such goods;

(b) The contract is preapproved by the Department of Administrative Services;

(2) The purchasing entity is an electric supplier that is not out of compliance with the Critical Infrastructure Protection requirements issued by the North American Electric Reliability Corporation.

Section 31.

(1) For purposes of this section:

(a) Company means any corporation, partnership, association, organization, or other combination of persons;

(b) Foreign adversary means those countries listed in 15 C.F.R. 31 791.4, as such regulation existed on April 1, 2025;

(d) Government of a foreign adversary means any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any foreign adversary, or over any part of such country, and includes any subdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. Such term shall include any faction or body of insurgents within a country assuming to exercise governmental authority whether such faction or body of insurgents has or has not been recognized by the United States.

(2) A foreign adversarial company shall be ineligible to receive any benefits under an incentive program of this state, including under:

(a) The Beginning Farmer Tax Credit Act or other relevant Act;

(b) This state’s Advantage Microenterprise Tax Credit Act;

(d) This state’s Rural Development Act or other relevant Act;

(e) This state’s Job Creation and Mainstreet Revitalization Act or other relevant Act; (f) This state’s New Markets Job Growth Investment Act or other relevant Act;

(g) This state’s Urban Redevelopment Act or other relevant Act; and

(h) Any other tax or other incentive program created by legislative or executive action for the purpose of recruitment or retention of businesses in this state.

Section 32. For purposes of sections 32 to 35 of this act:

(1) Business means any:

(a) Sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability business, including a wholly owned subsidiary, majority-owned subsidiary, parent business, or affiliate of those entities or business associations that exists to make a profit; and

(b) Nonprofit organization;

(2) Domicile means the country where:

(a) A business is registered and headquartered;

(b) A business primarily completes its affairs; and

(3) Foreign adversary means any foreign government specified in federal code C.F.R. 791.4, as such regulation existed on April 1, 2025;

(4) Genetic sequencer means any device or platform used to conduct genetic sequencing, resequencing, isolation, or other genetic research;

(5) Genetic sequencing means any method used to determine the identity and order of nucleotide bases in the human genome;

(6) Human genome means deoxyribonucleic acid or ribonucleic acid found in human cells;

(7) Medical facility means a facility that provides any health service and:

(a) Receives any money from this state or the United States Government;

(b) Is registered with this state to provide any health care service; or

(8) Operational and research software means any computer program used for any operation, control, analysis, or other necessary function of genetic sequencing or genetic sequencers;

(9) Research facility means a facility that conducts research on, with, or relating to genetic sequencing or the human genome; and

(10) Software means any program, routine, or set of one or more programs or routines that is used or intended for use to cause the performance of a task or set of tasks relating to genetic sequencing or genetic sequencers by any computer, computer-related peripheral equipment, or combination thereof.

Section 33. No medical facility or research facility shall use any genetic sequencer or operational and research software for genetic sequencing if such genetic sequencer or operational and research software is produced in or by any:

(1) Foreign adversary;

(2) State-owned enterprise of any foreign adversary;

(3) Business domiciled in any foreign adversary; or

(4) Subsidiary or affiliate of a business domiciled in any foreign adversary.

Section 34. Any medical facility or research facility that is in possession of any genetic sequencer or operational and research software that is described in section 33 of this act shall:

(1) Permanently disable such genetic sequencer or operational and research software; or

(2) Remove such genetic sequencer or operational and research software from any facility associated with such medical facility or research facility.

Section 35.

(1) Any genetic sequencing data that is utilized in this state shall not be stored within any foreign adversary country.

(2) No person shall remotely access genetic sequencing data that is stored in this state from a foreign adversary country.

Section 36. This act becomes operative on a date designated by this legislature.

Section 37. If any section in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions.

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Foreign Adversary and Terrorist Agent Registration and Transnational Repression Act