The app for independent voices
Idaho Legislature: Ask Legislators to VOTE NO on H0356 - State assets, foreign adversaries (posted 03/09/25, updated 04/04/25)
Bill: legislature.idaho.gov/s…
Contact Legislators: Please use Idaho Legislature website to find contact info. Details here: tinyurl.com/2r4uuj32
(Check the linked page or use My Bill Tracker for the bill’s current status.)
____________________________________
NEW (after Senate amendment on 04/03/25) - References unchanged
____________________________________
H0356 would limit what kind of property certain foreign governments or their agents may own in Idaho. H0356 is similar to H0221, H0063, and H0012 (all 2025).
📌Recent amendments from the Senate are highlighted with *** below...
H0356 protects military installations and state assets by prohibiting foreign adversaries from purchasing land near military bases or from purchasing agricultural land, forest land, *** water rights, *** mining claims, or mineral rights.
H0356 defines "foreign adversary" as "any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons as determined under 15 CFR 791.4, *** as it existed on January 1, 2025.***"
15 CFR 791.4, as it existed on January 1, 2025, included the following foreign adversaries: People's Republic of China, including Hong Kong special administrative region (China); Republic of Cuba (Cuba); Islamic Republic of Iran (Iran); Democratic People's Republic of Korea (North Korea); Russian Federation (Russia); and Venezuelan politician Nicolás Maduro (Maduro regime).
This bill recently was revised by the Senate to include two important and excellent changes:
Adds “water rights.”
Fixes the federalism issue with the highlighted phrase in the foreign adversary definition:
“as determined under 15 CFR 791.4, *** as it existed on January 1, 2025.***”
The highlighted change will prevent the list of affected countries from being changed by the federal government without the Legislature's approval.
References:
House Bill 356 — State assets, foreign adversaries: tinyurl.com/42nbkcyj
H0221: tinyurl.com/5723c6zp
H0063: tinyurl.com/wdztz7wy
H0012: tinyurl.com/5n8ksrsy
15 CFR 791.4: tinyurl.com/4c6h7fx6
____________________________________
OLD (prior to Senate amendment on 04/03/25)
____________________________________
H0356 would limit what kind of property certain foreign governments or their agents may own in Idaho. H0356 is similar to H0221, H0063, and H0012 (all 2025). Main difference between H0221 and H0356 is a new subsection stating parts of H0356 "shall not apply to an entity that has a national security agreement with the committee on foreign investment in the United States as of July 1, 2025, and maintains such national security agreement."
We agree with Idaho Freedom Foundation's assessment in “House Bill 356 — State assets, foreign adversaries (-1)” —
Key points from IFF:
H0356 defines a "foreign adversary" as "any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons as determined under 15 CFR 791.4."
It specifically names foreign adversaries from 15 CFR 791.4, as of January 1, 2025 to include: People's Republic of China, including Hong Kong special administrative region (China); Republic of Cuba (Cuba); Islamic Republic of Iran (Iran); Democratic People's Republic of Korea (North Korea); Russian Federation (Russia); and Venezuelan politician Nicolás Maduro (Maduro regime)."
However, the definition is not fixed to federal code as of Jan. 1, 2025. Instead, it is dynamic because 15 CFR 791.4 also says, "Pursuant to the Secretary's discretion, the list of foreign adversaries will be revised as determined to be necessary. … The Secretary will periodically review this list in consultation with appropriate agency heads and may add to, subtract from, supplement, or otherwise amend this list."
The problem: H0356 automatically limits the right to own property and force sale of owned property based solely on Washington, DC's decision that a foreign country or regime is an adversary. Such countries and adversaries can be re-classified on a dime, as we've seen during Biden and Trump administrations. One day of good (or bad) diplomacy could change the list and create a slippery slope for defining “foreign adversary.” Yielding Idaho's state sovereignty to federal government is problematic, especially for fundamental matters like property rights.
_______________
