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SENATE BILL 2644
By Roberts
HOUSE BILL 2279
By Cochran
HB2279
012517
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AN ACT to amend Tennessee Code Annotated, Title 4;
Title 38 and Title 39, relative to foreign actors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 16, is amended by adding
Sections 2 through 6 of this act as a new part.
SECTION 2.
(a) This part is known and may be cited as the "Crush Transnational Repression
in Tennessee Act."
(b) The purpose of this part 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 a foreign
government's laws and directives.
SECTION 3.
As used in this part, unless the context requires otherwise:
(1) "Agent of a foreign adversary" means an agent directed or controlled by a
foreign adversary, or such agent's proxy;
(2) "Agent of a foreign terrorist organization" means an agent directed or
controlled by a foreign terrorist organization, or a foreign terrorist organization agent's
proxy;
(3) "Foreign adversary" means the countries specified in 15 CFR 791.4(a), or a
successor regulation;
(4) "Foreign law":
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(A) Means a law, legal code, or system of governance of a jurisdiction
other than the United States or a state or territory of the United States; and
(B) Includes, but is not limited to, Sharia Law;
(5) "Foreign terrorist organization" means an entity designated as a foreign
terrorist organization by the United States department-of state in accordance with § 219
of the Immigration and Nationality Act (8 U.S.C. § 1189), or by the United States
department of the treasury as a specially designated entity in accordance with 31 CFR
subtitle B, chapter V;
(6) "Protected conduct" means conduct that is:
(A) Lawful under federal, state, or local law of the United States; and
(B) Is:
(i) Free exercise of religion;
(ii) Speech, orally or in writing in print or digital form, on a matter
of public interest or concern;
(iii) Petitioning any federal, state, or local government entity for
redress of grievances; or
(iv) Peaceably assembling; and
(7) "Transnational repression" means an act emanating from or attributable to a
foreign adversary or foreign terrorist organization that is committed:
(A) By an agent of that foreign adversary or foreign terrorist organization;
(B) With the intent to harass, intimidate, censor, or otherwise extend the
foreign adversary's or foreign terrorist organization's ability to influence, control,
or impose the foreign adversary's or foreign terrorist organization's preferences
on the behavior of individuals outside of the foreign adversary's territorial
jurisdiction, if applicable; and
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(C) Either:
(i) Directly by means of physical contact, threats, or electronic
targeting; or
(ii) Indirectly by means such as actual or credible threats of
collective punishment or harassment of other individuals under the
regime'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 4.
Except in the case of a Class A felony offense, a criminal offense must be punished one
(1) classification higher than is otherwise provided by law if the offense is:
(1) Committed by an agent of a foreign adversary or agent of a foreign terrorist
organization while acting knowingly at the direction of, on behalf of, or under the
influence of the foreign adversary or foreign terrorist organization or a proxy of the
foreign adversary or foreign terrorist organization;
(2) Committed with the intent to:
(A) Coerce a person to act on behalf of a foreign adversary or foreign
terrorist organization;
(B) Coerce a person to leave the United States or cause another person
to leave the United States;
(C) Cause a person to forebear from engaging in protected conduct; or
(D Retaliate against a person for engaging in protected conduct; and
(3) Not protected by the First Amendment to the Constitution of the United
States.
SECTION 5.
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(a) Notwithstanding a law to the contrary, a ruling or decision of a state court,
arbitration panel, tribunal, or administrative agency that is based in whole or in part on a
foreign law is void and unenforceable in this state if it would deny a party a liberty, right,
or privilege guaranteed by the constitution of Tennessee or the constitution of the United
States.
(b) A contract or contractual provision that is based in whole or in part on a
foreign law is void and unenforceable in this state if it would deny a party a liberty, right,
or privilege guaranteed by the constitution of Tennessee or the constitution of the United
States.
(c) It is an offense to intentionally engage in the prevention, detection,
investigation, monitoring, surveilling, or prosecution of an offense under the law or rule of
a foreign adversary or foreign terrorist organization in violation of the laws of this state or
the United States without the knowledge and approval of a state or federal law
enforcement agency that is authorized to give such approval.
(d)
(1) Except as provided in subdivision (d)(2), a violation of subsection (c)
is a Class D felony.
(2) A violation of subsection (c) is a Class C felony if, at the time that the
offense was committed, the person who committed the offense was acting as an
agent of a foreign adversary government or an agent of a foreign terrorist
organization.
SECTION 6.
(a) On or before July 1, 2027, the Tennessee bureau of investigation may
provide or adopt a training program for transnational-repression recognition and
response and make the training program available for use by all law enforcement
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agencies in this state. The Tennessee bureau of investigation may obtain a training
program for transnational repression recognition and response from another state or
federal governmental unit, or from a non-governmental entity that specializes in such
training. The training may be updated to address emerging threats and specific
information on tactics used by specific foreign governments.
(b) The training may include topics such as the following:
(1) How to identify different tactics of transnational repression in physical
and nonphysical forms;
(2) The foreign adversaries and foreign terrorist organizations 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 cybertools frequently used to
carry out transnational repression activities;
(3) Best practices for appropriate local and state law enforcement
prevention, reporting, and response tactics; and
(4) Information about communities targeted by transnational repression
that may be perpetuated by foreign adversaries and foreign terrorist
organizations.
(c) The Tennessee bureau of investigation may develop and implement a public
awareness campaign to inform members of the public about how to identify and report
instances of transnational repression, as well as tools and remedies that are available
for victims of transnational repression. If implemented, the public awareness campaign
must include:
(1) A centralized and easy to find website for reporting purposes that is
advertised widely to the public;
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(2) Reporting mechanisms available in multiple languages, including in
the languages of communities that are frequently the-victims of transnational
repression; and
(3) Annual reporting on the number of complaints received and
outcomes, as well as instances of foreign interference in the reporting process.
The Tennessee bureau of investigation shall provide any reports made pursuant
to this subdivision (c)(3) to the governor and the general assembly in unredacted
form. The Tennessee bureau of investigation shall make any reports made
pursuant to this subdivision (c)(3) available to the public, but may provide the
publicly available reports in redacted form to protect ongoing criminal
investigations and the identities of victims.
SECTION 7. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by
adding the following as a new section:
Each state agency shall include information on transnational repression, as
defined in Section 3 of this act, in agency policies and procedures and provide for direct
complaints of transnational repression to be made to a representative of the agency.
SECTION 8. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 9. This act takes effect upon becoming a law, the public welfare requiring it.