Foreign adversary registration bill amended, advanced

A measure that would establish registration and reporting requirements for certain foreign entities in Nebraska was amended and advanced from select file May 14.

LB644, introduced by Lincoln Sen. Eliot Bostar at the request of Gov. Jim Pillen, would create two new acts in state law: the Foreign Adversary and Terrorist Agent Registration Act and the Crush Transnational Repression in Nebraska Act.

Under the bill, agents of foreign principals from adversary nations or terrorist organizations would be required to file a detailed registration statement with the Nebraska Attorney General’s Office, including the nature of all activities, agreements and financial transactions.

Agents also could face expulsion or dismissal from Nebraska postsecondary institutions for violations of the act.

State employees who currently are required to file financial interest statements would be required to deny foreign agent status and businesses and nonprofits would be required to indicate compliance with the act in biennial reports to the Nebraska secretary of state.

The attorney general would have authority to issue civil investigative demands of potential violations of the act.

Omaha Sen. Terrell McKinney offered and later withdrew a motion to bracket the bill until June 9 during select file debate, saying the bill required more conversation.

Sen. Danielle Conrad of Lincoln supported the motion, saying she continued to have concerns about the “nuances” and “mechanics” of LB644. She said the measure could have a “chilling effect” on free speech and free association by requiring individuals to “prove” to their government that they aren’t foreign adversaries.

“It casts suspicion on all Americans and all Nebraskans without cause,” Conrad said.

Lincoln Sen. George Dungan reasserted concerns he expressed during the previous round of debate that Nebraska court precedent clearly prohibits the Legislature from dictating policy to the university.

He offered an amendment to remove the requirement that postsecondary institutions expel or dismiss violators of the bill’s provisions. The amendment instead would simply require universities to have policies regarding violations.

The Dugan amendment failed on a vote of 12-19.

Bostar later offered a compromise amendment, however, that would make the bill’s language related to university action in regard to violators permissive rather than mandatory. He said the change would ensure that the Legislature does not violate the sovereignty of universities to set their own policies while still adhering to the “spirit” of the bill.

The Bostar amendment was adopted 29-4. After adopting three additional technical amendments, lawmakers advanced LB644 to final reading by voice vote.