49-1492.02. Chinese military company; consultant; filing and disclosure; required, when; civil penalty.

410 words·~2 min read·/ne/chapter-49/49-1492-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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

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

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

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

(iii)A description of the business activity of the consultant;

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

(v)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

(vi)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

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

(2)Any person who violates 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 Article VII, section 5, of the Constitution of Nebraska.

(3)For purposes of this section:

(a)Chinese military company has the same meaning as in section 1260H of Public Law 116-283, 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;

(b)Consultant means any person who engages in informing or advising any other person regarding the policies of the State of Nebraska or the political or public interest, policies, or relations of a foreign country or of a foreign political party; and

(c)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.