1 Short Title. This act shall be known as the "State Counter-Intelligence Capacity Act."

2 Findings. The general court finds that New Hampshire faces increasing threats from foreign subversion, elite capture, and hostile military, paramilitary, and intelligence operations. This includes operations by adversaries such as China, Russia, cartel infiltrations, proxies, and terrorist organizations. This act establishes a modest capacity for resilience without overreach by enabling targeted investigations, intelligence collection, and counter-intelligence activities to be pursued for prosecution and action in coordination with appropriate state and federal authorities.

3 New Subdivision; State Intelligence and Counter-Intelligence Office. Amend RSA 21-P by inserting after section 71 the following new subdivision:

State Intelligence and Counter-Intelligence Office

21-P:72 Establishment; Placement. There is established within the department of safety the state intelligence and counter-intelligence office, consisting of 3 to 5 analysts, 2 to 5 investigators, and necessary support staff. Analysts and investigators shall have military or equivalent training in intelligence and counter-intelligence skills. Support staff shall be limited to basic office maintenance roles. In this subdivision "the office" means the state intelligence and counter-intelligence office.

21-P:73 Duties and Focus.

I. The office shall identify, investigate, analyze, and counter threats from foreign intelligence operations conducted by hostile foreign nations, including but not limited to, China and Russia, or their proxies, as well as cartels, and terrorist organizations, particularly targeting elite-capture operations, targeting or staging for attacks on critical infrastructure, and societal disruption. Those operations occurring with a physical presence in the state should be prioritized over online-only social-engineering type operations.

II. The office shall develop independent state-level intelligence capabilities, including verification processes, to supplement and assess the reliability of shared federal intelligence.

21-P:74 Powers.

I. The office shall have authority to subpoena records, coordinate with federal agencies as prudent and authorized by the governor, and recommend prosecutions to the attorney general, county attorney, or federal authorities as appropriate.

II. The office shall provide, at a minimum, quarterly briefings and annual public reports, redacted as necessary, to the New Hampshire house and senate.

III. The office shall coordinate with federal fusion centers but shall retain independent authority to conduct separate assessments to ensure objectivity and to identify threats not otherwise addressed.

IV. Information sharing with federal fusion centers shall be limited to verified, non-sensitive data that meets reasonable suspicion criteria under 28 C.F.R. part 23 and complies with RSA 21-U:6. The office shall not transmit personal identifying information or intelligence derived from state sources unless independently corroborated. Information received from fusion centers shall be adjudicated through an internal review process, including cross-verification against state sources and assessment for potential bias or subversion, as defined in department rules.

4 Appropriation. There is hereby appropriated to the department of safety the sum of $6,000,000 for the biennium ending June 30, 2027, for the purpose of establishing and operating the state intelligence and counter-intelligence office under this act, including salaries, benefits, training, equipment, such as secure air-gapped and online networks, nondescript surveillance vehicles, an unarmed aerial surveillance platform, and night vision or thermal imaging devices, or both, and operational costs. The appropriation shall be drawn first from any available general fund surplus or lapsed funds from prior appropriations, as determined by the commissioner of administrative services in consultation with the legislative budget assistant. If such funds are insufficient, the balance shall be drawn from the general fund. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. Any unexpended funds shall not lapse and shall be available for the purposes of this act in subsequent fiscal years.

5 Effective Date. This act shall take effect July 1, 2026.

1 Short Title. This act shall be known as the "State Counter-Intelligence Capacity Act."

2 Findings. The general court finds that New Hampshire faces increasing threats from foreign subversion, elite capture, and hostile military, paramilitary, and intelligence operations. This includes operations by adversaries such as China, Russia, cartel infiltrations, proxies, and terrorist organizations. This act establishes a modest capacity for resilience without overreach by enabling targeted investigations, intelligence collection, and counter-intelligence activities to be pursued for prosecution and action in coordination with appropriate state and federal authorities.

3 New Subdivision; State Intelligence and Counter-Intelligence Office. Amend RSA 21-P by inserting after section 71 the following new subdivision:

State Intelligence and Counter-Intelligence Office

21-P:72 Establishment; Placement. There is established within the department of safety the state intelligence and counter-intelligence office, consisting of 3 to 5 analysts, 2 to 5 investigators, and necessary support staff. Analysts and investigators shall have military or equivalent training in intelligence and counter-intelligence skills. Support staff shall be limited to basic office maintenance roles. In this subdivision "the office" means the state intelligence and counter-intelligence office.

21-P:73 Duties and Focus.

I. The office shall identify, investigate, analyze, and counter threats from foreign intelligence operations conducted by hostile foreign nations, including but not limited to, China and Russia, or their proxies, as well as cartels, and terrorist organizations, particularly targeting elite-capture operations, targeting or staging for attacks on critical infrastructure, and societal disruption. Those operations occurring with a physical presence in the state should be prioritized over online-only social-engineering type operations.

II. The office shall develop independent state-level intelligence capabilities, including verification processes, to supplement and assess the reliability of shared federal intelligence.

21-P:74 Powers.

I. The office shall have authority to subpoena records, coordinate with federal agencies as prudent and authorized by the governor, and recommend prosecutions to the attorney general, county attorney, or federal authorities as appropriate.

II. The office shall provide, at a minimum, quarterly briefings and annual public reports, redacted as necessary, to the New Hampshire house and senate.

III. The office shall coordinate with federal fusion centers but shall retain independent authority to conduct separate assessments to ensure objectivity and to identify threats not otherwise addressed.

IV. Information sharing with federal fusion centers shall be limited to verified, non-sensitive data that meets reasonable suspicion criteria under 28 C.F.R. part 23 and complies with RSA 21-U:6. The office shall not transmit personal identifying information or intelligence derived from state sources unless independently corroborated. Information received from fusion centers shall be adjudicated through an internal review process, including cross-verification against state sources and assessment for potential bias or subversion, as defined in department rules.

4 Appropriation. There is hereby appropriated to the department of safety the sum of $6,000,000 for the biennium ending June 30, 2027, for the purpose of establishing and operating the state intelligence and counter-intelligence office under this act, including salaries, benefits, training, equipment, such as secure air-gapped and online networks, nondescript surveillance vehicles, an unarmed aerial surveillance platform, and night vision or thermal imaging devices, or both, and operational costs. The appropriation shall be drawn first from any available general fund surplus or lapsed funds from prior appropriations, as determined by the commissioner of administrative services in consultation with the legislative budget assistant. If such funds are insufficient, the balance shall be drawn from the general fund. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. Any unexpended funds shall not lapse and shall be available for the purposes of this act in subsequent fiscal years.

5 Effective Date. This act shall take effect July 1, 2026.