Lobbying, Lobbyists

Plain English Breakdown

The bill's enforcement mechanisms and consequences for misunderstanding the goals of Chinese military companies remain unspecified.

Tennessee Foreign Adversary and Chinese Military Company Disclosure Act

This bill requires lobbyists representing foreign adversary principals or Chinese military companies to file additional affidavits and imposes penalties for non-compliance.

What This Bill Does

• Requires lobbyists representing foreign adversary principals to complete an affidavit stating they are lobbying voluntarily on behalf of a foreign adversary principal.
• Defines 'foreign adversary' as countries listed by the U.S. Department of Commerce, including China, Cuba, Iran, North Korea, and Russia.
• Requires lobbyists working for Chinese military companies to file affidavits acknowledging their voluntary representation and understanding of the goals and activities of these companies.
• Imposes civil penalties of up to $50,000 per day for failing to comply with lobbying disclosure requirements.

Who It Names or Affects

• Lobbyists representing foreign adversary principals or Chinese military companies in Tennessee.
• Foreign adversaries and their representatives operating within Tennessee.

Terms To Know

foreign adversary

A country listed by the U.S. Department of Commerce as a threat, such as China, Cuba, Iran, North Korea, or Russia.

Chinese military company

A company blacklisted by the U.S. Department of Defense for its ties to the Chinese military and involvement in activities that threaten national security.

Limits and Unknowns

• The bill does not specify how it will be enforced or monitored.
• It is unclear what happens if a lobbyist fails to understand the goals of Chinese military companies as required by the affidavit.

Official Summary Text

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
.

Current Bill Text

SENATE BILL 1397
By Roberts

HOUSE BILL 887
By Todd

HB0887
002249
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 3,
Chapter 6; Title 4; Title 39, Chapter 16, Part 5 and
Title 58, Chapter 2, relative to lobbying regulation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding the following
as a new chapter:
4-40-101.
This part is known and may be cited as the "Tennessee Foreign Adversary and
Chinese Military Company Disclosure and Accountability Act."
4-40-102.
The purpose of this act 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 military companies within this
state.
4-40-103.
As used in this part, unless context otherwise requires:
(1) "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 National Defense Authorization Act;
(2) "Foreign adversary" means a country or territory on the list
maintained by the department of commerce and compiled in 15 CFR 791.4(a), as
of January 1, 2025;

- 2 - 002249

(3) "Foreign adversary principal" means:
(A) A government of a foreign adversary country and a foreign
political party;
(B) A person residing in a foreign adversary country; provided,
however, the person 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; or
(C) A legal entity that is twenty percent (20%) or more beneficially
owned by a person 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;
(4) "Lobby" has the same meaning as defined in § 3-6-301;
(5) "Lobbyist" means any person who engages in lobbying for
compensation; and
(6) "Person" means an individual, group of individuals, partnership,
association, corporation, or any other business unit or legal entity.
4-40-104.
(a) In addition to any other disclosures required by law, a lobbyist who engages
in lobbying on behalf of a foreign adversary principal must complete an affidavit
certifying that the person is lobbying voluntarily on behalf of the foreign adversary

- 3 - 002249

principal, under the lobbyist's free will, on behalf of a foreign adversary of the United
States.
(b) In addition to any other disclosures required by law, a lobbyist who engages
in lobbying on behalf of a Chinese military company must complete an affidavit certifying
the lobbyist:
(1) Voluntarily and under the lobbyist's free will is engaging in lobbying
on behalf of a Chinese military company operating within the United States;
(2) 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 towards free and democratic values;
(3) 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; and
(4) 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.
(c) A certification made by a lobbyist under subsection (b) is sufficient to satisfy
the certification requirement under subsection (a).
4-40-105.
(a) It is unlawful for a person to engage in lobbying for a foreign adversary or
Chinese military company covered under this part without having first made the lobbying
disclosures, as required under § 4-40-104. This section does not limit or repeal any
other lobbying disclosure requirements required under state or federal law.
(b)

- 4 - 002249

(1) A person who engages in lobbying for a foreign adversary or Chinese military
company covered under this part without having first made the lobbying disclosures
required by § 4-40-104 shall be fined a civil penalty of fifty thousand dollars ($50,000)
per violation, up to a maximum of twenty (20) violations per year.
(2) Each day a lobbyist engages in lobbying for a foreign adversary or Chinese
military company covered under this part without having made the lobbying disclosures
required by § 4-40-104 is a separate violation.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.