House Study Bill 752 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN) A BILL FOR An Act relating to certain activities associated with foreign 1 entities in the state, providing penalties, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6918YC (1) 91 ss/ns
H.F. _____ DIVISION I 1 DRONES —— SECURITY AND PROCUREMENT 2 Section 1. NEW SECTION . 8A.311C Remotely piloted 3 aircraft —— procurement —— limitations —— state and political 4 subdivisions. 5 The state or a political subdivision of the state shall 6 not purchase, lease, or operate a remotely piloted aircraft, 7 as defined in section 715E.1, that is manufactured, in 8 whole or in part, by a company listed on the covered list 9 developed pursuant to 47 C.F.R. §1.50002 and published by the 10 public safety and homeland security bureau of the federal 11 communications commission. 12 Sec. 2. NEW SECTION . 715E.3A Aggravated intrusion by use of 13 a remotely piloted aircraft —— offense. 14 A person commits aggravated intrusion by the use of a 15 remotely piloted aircraft if the person knowingly controls the 16 flight of a remotely piloted aircraft within four hundred feet 17 of a power plant, water treatment facility, or national guard 18 facility, and the remotely piloted aircraft was manufactured 19 outside of the United States. A person who commits aggravated 20 intrusion by the use of a remotely piloted aircraft is guilty 21 of a class “D” felony. 22 Sec. 3. REMOTELY PILOTED AIRCRAFT —— FLEET 23 REPLACEMENT. Each state entity and political subdivision of 24 the state that owns, leases, or operates a remotely piloted 25 aircraft, as defined in section 715E.1, shall develop a plan to 26 replace all remotely piloted aircraft that were manufactured, 27 in whole or in part, by a company listed on the covered list 28 developed pursuant to 47 C.F.R. §1.50002 and published by the 29 public safety and homeland security bureau of the federal 30 communications commission, with remotely piloted aircraft 31 listed on the blue list of the federal defense contract 32 management agency. 33 Sec. 4. REMOTELY PILOTED AIRCRAFT —— PROTOCOL AUDIT. The 34 chief information officer of the department of management 35 -1- LSB 6918YC (1) 91 ss/ns 1/ 5
H.F. _____ shall conduct an audit of the transmission protocols utilized 1 by remotely piloted aircraft, as defined in section 715E.1, 2 operated by state entities and political subdivisions of the 3 state to ensure compliance with the secure-by-design standards 4 of the federal cybersecurity and infrastructure security agency 5 with respect to data encryption and server localization. 6 DIVISION II 7 FOREIGN AGENTS —— REGISTRATION 8 Sec. 5. NEW SECTION . 68B.37 Foreign agent registration —— 9 penalties. 10 1. a. A foreign principal or agent of a foreign principal 11 shall register with the board within forty-eight hours after 12 engaging in lobbying or political consulting in this state. 13 b. A foreign principal or agent of a foreign principal 14 that engages in lobbying or political consulting in this state 15 shall file with the board a copy of each contract, compensation 16 schedule, and communication log related to foreign-funded 17 influence operations targeting legislators or executive branch 18 agencies in this state. 19 c. Registration as a foreign principal or agent of a foreign 20 principal pursuant to the federal Foreign Agents Registration 21 Act of 1938, as amended, 22 U.S.C. §611 et seq., does not 22 satisfy the requirements of this subsection. 23 2. The board shall impose a civil penalty, to be deposited 24 in the general fund of the state, of one hundred dollars per 25 day on a person who fails to register as required by subsection 26 1, to a maximum of five thousand dollars per violation. 27 3. For purposes of this section, “foreign principal” and 28 “agent of a foreign principal” mean the same as those terms are 29 defined in the federal Foreign Agents Registration Act of 1938, 30 as amended, 22 U.S.C. §611 et seq. 31 DIVISION III 32 INTERNATIONAL DIRECTIVES —— STATE SOVEREIGNTY 33 Sec. 6. NEW SECTION . 1.19 International directives —— 34 legislative approval —— audit. 35 -2- LSB 6918YC (1) 91 ss/ns 2/ 5
H.F. _____ 1. A treaty, accord, emergency guideline, or other document 1 issued by the world health organization, united nations, or 2 world economic forum does not have the force of law in this 3 state unless the accord, emergency guideline, or other document 4 is affirmatively adopted as law in this state by the general 5 assembly. 6 2. The state of Iowa or a political subdivision of the 7 state of Iowa shall not use tax revenues or direct personnel 8 to enforce mandates derived from a treaty, accord, emergency 9 guideline, or other document issued by an international 10 organization. 11 3. Each department, authority, and agency of this 12 state shall annually conduct a review of all memoranda of 13 understanding entered into by the department, authority, or 14 agency to ensure that the department, authority, or agency is 15 not using any resources of the state to support international 16 regulatory goals that have not been adopted as law in this 17 state by the general assembly. 18 4. The state of Iowa hereby affirms, pursuant to the tenth 19 amendment to the Constitution of the United States, that 20 powers relating to public health and police powers in this 21 state reside exclusively with the state of Iowa and not any 22 international organization. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to certain activities associated with 27 foreign entities in the state. 28 DIVISION I —— DRONES —— SECURITY AND PROCUREMENT. The 29 bill prohibits the state or a political subdivision of the 30 state from purchasing, leasing, or operating a remotely 31 piloted aircraft, defined as a self-propelled vehicle used 32 for navigation and flight that is controlled by the use of an 33 electronic system and is not designed to carry a human, that 34 is manufactured, in whole or in part, by a company listed on 35 -3- LSB 6918YC (1) 91 ss/ns 3/ 5
H.F. _____ the covered list published by the public safety and homeland 1 security bureau of the federal communications commission. 2 The bill creates the crime of aggravated intrusion by the 3 use of a remotely piloted aircraft, which a person commits if 4 the person controls the flight of a remotely piloted aircraft, 5 that was manufactured outside of the United States, within 400 6 feet of a power plant, water treatment facility, or national 7 guard facility. A person who commits aggravated intrusion by 8 the use of a remotely piloted aircraft is guilty of a class “D” 9 felony. A class “D” felony is punishable by confinement for no 10 more than five years and a fine of at least $1,025 but not more 11 than $10,245. 12 The bill requires each state entity and political 13 subdivision of the state that owns, leases, or operates a 14 remotely piloted aircraft to develop a plan to replace all 15 remotely piloted aircraft that were manufactured, in whole or 16 in part, by a company listed on the covered list published by 17 the public safety and homeland security bureau of the federal 18 communications commission with remotely piloted aircraft listed 19 on the blue list of the federal defense contract management 20 agency. 21 The bill also requires the chief information officer 22 of the department of management to conduct an audit of the 23 transmission protocols utilized by remotely piloted aircraft 24 operated by state entities and political subdivisions of the 25 state to ensure compliance with the secure-by-design standards 26 of the federal cybersecurity and infrastructure security agency 27 with respect to data encryption and server localization. 28 DIVISION II —— FOREIGN AGENTS —— REGISTRATION. The bill 29 requires a foreign principal, or the agent of a foreign 30 principal, as defined in federal law, to register with the 31 Iowa ethics and campaign disclosure board (board) within 48 32 hours after engaging in lobbying or political consulting in 33 this state, as well as to file with the board a copy of each 34 contract, compensation schedule, and communication log related 35 -4- LSB 6918YC (1) 91 ss/ns 4/ 5
H.F. _____ to foreign-funded influence operations targeting legislators 1 or executive branch agencies in this state. The bill directs 2 the board to impose a civil penalty of $100 per day on a person 3 who does not register as required by the bill, up to a maximum 4 penalty of $5,000 for a single violation, to be deposited in 5 the general fund of the state. 6 By operation of law, a person who knowingly and 7 intentionally violates this provision of the bill is guilty of 8 a serious misdemeanor and may be reprimanded, suspended, or 9 dismissed from the person’s position or otherwise sanctioned 10 (Code section 68B.34). A serious misdemeanor is punishable by 11 confinement for no more than one year and a fine of at least 12 $430 but not more than $2,560. 13 DIVISION III —— INTERNATIONAL DIRECTIVES —— STATE 14 SOVEREIGNTY. The bill specifies that a treaty, accord, 15 emergency guideline, or other document issued by the world 16 health organization, united nations, or world economic 17 forum does not have the force of law in this state unless 18 it is affirmatively adopted as law in this state by the 19 general assembly. The bill also prohibits the state or a 20 political subdivision of the state from using tax revenues or 21 directing personnel to enforce mandates derived from a treaty, 22 accord, emergency guideline, or other document issued by an 23 international organization. The bill requires each department, 24 authority, and agency of this state to annually conduct a 25 review of all memoranda of understanding to ensure that the 26 entity is not using any resources of the state to support 27 international regulatory goals that have not been adopted as 28 law in this state by the general assembly. 29 The bill affirms, pursuant to the 10th amendment to the 30 Constitution of the United States, that powers relating 31 to public health and police powers in this state reside 32 exclusively with the state of Iowa and not any international 33 organization. 34 -5- LSB 6918YC (1) 91 ss/ns 5/ 5