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SENATE BILL 2235
By Johnson
HOUSE BILL 2549
By Lamberth
HB2549
011245
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AN ACT to amend Tennessee Code Annotated, Title 3,
Chapter 6 and Title 4, relative to agents of foreign
entities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 3, Chapter 6, is amended by adding the
following as a new part:
3-6-401. Short title. - Definitions.
(a) This act is known and may be cited as the "Foreign Agent Registration Act."
(b) As used in this part:
(1) "Agent of a foreign adversary" means an individual who engages in political
activity and:
(A) Who acts as an agent, employee, representative, or servant, or
otherwise acts at the order, request, or under the direction or control of:
(i) A foreign adversary;
(ii) A foreign-supported political organization;
(iii) A legal entity organized under the laws of or having its
principal place of business in a foreign adversary country; or
(iv) A legal entity that is at least twenty percent (20%) beneficially
owned by a foreign adversary, a nonresident alien of a foreign adversary
country, or an entity organized under the laws of or having its principal
place of business in a foreign adversary country; or
(B) Whose actions are financed in whole or in part by a foreign
adversary;
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(2) "Foreign adversary" means a foreign government, country, or non-
government entity designated by the United States department of commerce pursuant to
15 CFR Part 791, Subpart A, as amended, transferred, or succeeded;
(3) "Foreign-supported political organization" means a political party or legal
entity that has, within the past five (5) calendar years, received money or other things of
value from a foreign adversary or an agent of a foreign adversary and that engages in
political activity; and
(4) "Political activity" means an activity that is performed to influence an agency
or public official of this state, a local governmental entity within this state, or the public
within this state, with reference to formulating, adopting, or changing the policies or laws
of this state, supporting or opposing a candidate for local or state public office, or
supporting or opposing a ballot measure.
3-6-402. Registration of representatives of hostile foreign principals.
(a) A person shall not act as an agent of a foreign adversary unless the person
has filed with the Tennessee ethics commission a true and complete registration
statement and supplements to such statements as required by this part.
(b) A person shall, within seven (7) days after becoming an agent of a foreign
adversary, file with the Tennessee ethics commission a sworn registration, under penalty
of perjury, on a form prescribed by the Tennessee ethics commission. The obligation of
an agent of a foreign adversary to register shall, after the seventh day of becoming an
agent, continue from day to day, and the termination of such status does not relieve
such agent from the obligation to register for the period during which the person was an
agent of a foreign adversary.
(c) The registration must include the following:
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(1) The registrant's name, principal business address, and all other
business addresses in the United States or elsewhere, telephone number, and
email address;
(2) The name of the foreign adversary, foreign-supported political
organization, or legal entity as described in § 3-6-401(b)(1)(A)(iii) or (iv) which the
agent represents, and the names, titles, and business addresses of all officers or
directors thereof, including name, telephone number, and email address of the
agent's immediate director;
(3) A comprehensive statement of the nature of the registrant's business,
including a detailed statement of the registrant's existing and proposed political
activity and the nature and method of performance of such political activity;
(4) Copies of each written agreement or the terms and conditions of each
oral agreement, where no written agreement exists;
(5) A comprehensive statement of all the circumstances detailing the
process by which the registrant came to be an agent of a foreign adversary;
(6) Name and business address of each member of the agent's
immediate family who is an official within the legislative or executive branch;
(7) The extent of each direct business arrangement or partnership
between the agent and a candidate for public office or an official in the legislative
or executive branch; and
(8) Any other information that the Tennessee ethics commission, having
due regard for national security and the public interest, may require.
(d) Throughout the year, by amendment filed with the Tennessee ethics
commission, each agent of a foreign adversary shall update, correct, or otherwise modify
the agent's registration statement not later than seven (7) days following the occurrence
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of an event, action, or changed circumstance that renders the registration statement
inaccurate or incomplete.
(e) Within ten (10) days following the conclusion of quarterly periods ending
March 31, June 30, September 30, and January 15, each agent of a foreign adversary
shall file an additional statement with the ethics commission of all compensation or
contributions received and all expenditures made by or on behalf of the agent in
connection to the agent's political activities during the reporting period.
(f) Registration and filing fees for agents of foreign adversaries must be
established by rule, promulgated pursuant to § 4-55-103(1). The fees must be paid no
later than thirty (30) days following submission of a statement to the Tennessee ethics
commission.
3-6-403. Prohibited conduct.
An agent of a foreign adversary is prohibited from the same conduct as a lobbyist
pursuant to §§ 3-6-304 and 3-6-305.
3-6-404. Penalties for violation; Authority of Tennessee ethics commission; Role
of attorney general and reporter.
(a) Upon receipt of a complaint that an agent of a foreign adversary has failed to
comply with the requirements of this part, or upon its own determination, the Tennessee
ethics commission shall investigate and assess penalties for the violation of this part.
(b) The Tennessee ethics commission shall assess penalties up to and including
the following:
(1) For any violation, up to five hundred dollars ($500) per infraction; and
(2) For willful or repeated violations, up to ten thousand dollars ($10,000)
per infraction and, if the violator is an attorney, a reference of the matter to the
Tennessee supreme court for disbarment.
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(c) The Tennessee ethics commission may refer any matter to the attorney
general and reporter for further civil or criminal action.
(d) Upon receipt of a complaint that an agent of a foreign adversary has failed to
comply with the requirements of this part, or upon its own determination, the attorney
general and reporter is authorized to:
(1) Investigate any suspected violation of this part;
(2) Issue subpoenas and compel the production of documents; and
(3) Initiate civil or criminal actions to enforce compliance.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. If any provision of this act or the application of any provision of this act to
any person or circumstance is held invalid, 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 4. This act takes effect July 1, 2026, the public welfare requiring it.