New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S938

Introduced
1/13/26  

Caption

Prohibits State contractors from distributing data to foreign adversaries.

Impact

If enacted, SB 938 will significantly alter the landscape for state contractors, mandating a thorough vetting process to ensure compliance. Entities found to have engaged in data transactions with foreign adversaries will be denied access to state contracts, economic development subsidies, and a host of other financial benefits, which could create substantial barriers for businesses operating in sectors prone to foreign interactions. Furthermore, the bill requires the Department of the Treasury to maintain a rolling list of such offenders based on credible public information, reflecting a proactive approach to data security.

Summary

Senate Bill 938 aims to prohibit state contractors from distributing data to foreign adversaries. The bill defines 'foreign adversary' as any foreign government or entity that poses a significant risk to the national security of the United States. By restricting the flow of data to these entities, the bill seeks to safeguard sensitive information and bolster national security efforts. Specifically, it prohibits any business on the Department of the Treasury's blacklist from entering into contracts with state agencies or receiving various types of state-related economic benefits.

Contention

Notable points of contention surrounding this bill include concerns about overreach and the potential chilling effect on legitimate business operations. Critics argue that the threshold for being labeled a foreign adversary may be vague, leading to unjust penalties against entities that engage in routine international business communications. The bill also raises questions about the rights of those placed on the blacklist, particularly in terms of transparency and the process by which they might contest their inclusion.

Summary_conclusion

Overall, SB 938 represents a substantial step towards reinforcing data security measures within state contracts, reflecting a growing concern over national security and foreign influence. As discussions unfold, it will be crucial to address the balance between safeguarding sensitive information and ensuring that businesses can operate without undue hindrance.

Companion Bills

NJ S4275

Carry Over Prohibits State contractors from distributing data to foreign adversaries.

NJ A5678

Carry Over Prohibits State contractors from distributing data to foreign adversaries.

NJ A214

Same As Prohibits State contractors from distributing data to foreign adversaries.

Similar Bills

TX HB119

Relating to the registration as a lobbyist of persons who engage in certain lobbying activities on behalf of a foreign adversary and to prohibitions on the receipt of compensation related to those lobbying activities; providing a civil penalty.

IL SB2365

FOREIGN ADVERSARY DIVESTMENT

TX SB2514

Relating to establishing the hostile foreign adversaries unit at the Department of Public Safety and training, prohibitions, and reporting requirements designed to combat foreign influence and foreign adversary operations; creating a criminal offense.

AZ SB1308

Foreign adversary fraud office; appropriation

AZ HB2542

State contracts; foreign adversary; prohibition

AZ SB1100

Foreign adversary; lobbying; registration; disclosure

TX SB1845

Relating to the registration as a lobbyist of persons who engage in certain lobbying activities on behalf of a foreign adversary and to prohibitions on the receipt of compensation related to those lobbying activities; providing a civil penalty.

SC S0204

Alien Ownership of Real Property