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Session of 2026
HOUSE BILL No. 2661
By Committee on Education
Requested by Representative Proctor
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AN ACT concerning postsecondary education; enacting the foreign
adversaries out of higher education act; prohibiting the acceptance of
gifts, grants and other moneys by postsecondary educational
institutions from foreign adversaries and their affiliates; prohibiting
certain foreign adversary affiliates from operating on campuses;
providing training and education on such foreign adversaries and their
affiliates; establishing the foreign adversaries out of higher education
fund.
Be it enacted by the Legislature of the State of Kansas:
Section 1. The provisions of sections 1 through 12, and amendments
thereto, shall be known and may be cited as the foreign adversaries out of
higher education act.
Sec. 2. The legislature hereby finds that:
(a) Institutions of higher education play a vital role in research,
national competitiveness, development of future leaders and nurturing core
American liberties and should be catalysts of strengthening ties with
American allies who share our democratic values rather than adversaries
who exploit them.
(b) Section 117 of the higher education act of 1965 requires American
universities to report all foreign gifts, yet a 2020 United States department
of education investigation found that "Section 117 reporting is
systemically underinclusive and inaccurate."
(c) The United States house of representatives in 2025 passed house
resolution no. 1048 amending section 117 to strengthen reporting
requirements for foreign gifts to American universities.
(d) The United States department of education maintains the section
117 foreign gift and contract public transparency dashboard that lists all
foreign gifts to universities and lists Qatar and China as the first and fourth
largest contributors to American universities, with Qatar contributing $2
billion more than any other country.
(e) Foreign governments and affiliated entities—particularly the
people’s republic of China, in part via the Confucius institute network,
Qatar, in part via the Muslim brotherhood network, as well as Russia, Iran
and North Korea—have systematically utilized partnerships, research
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sponsorships, media collaboration, funding mechanisms, student clubs and
other campus outreach efforts and clandestine relationships to exert
ideological influence or intelligence collection within American
universities.
(f) Columbia university shuttered its Chinese students and scholars
association (CSSA) chapter because of concerns the group was being used
as a tool of the people’s republic of China to carry out influence operations
on campus.
(g) The former president of northwestern university admitted in 2025
testimony to congressional investigators that Qatar’s funding to
northwestern came with the requirement that students and faculty at
northwestern's Doha campus comply with Qatari penal code prohibitions
outlawing public criticism of Qatar’s government and online postings
deemed harmful by the regime and that mandatory antisemitism training
from northwestern's main campus was not offered at its Qatar branch.
(h) Florida enacted legislation to restrict agreements and funding
from countries of concern to higher education institutions. Texas enacted
legislation to prohibit acceptance of funding from governments of foreign
adversaries. The governors of both Texas and Florida issued executive
orders designating the Muslim brotherhood a foreign terrorist organization.
(i) In January 2026, the United States department of the treasury, in
coordination with the United States department of state, designated certain
branches and the Lebanese secretary general of the Muslim brotherhood as
specially designated global terrorists and/or foreign terrorist organizations.
(j) Campus safety and intellectual freedom can be at risk when
foreign adversaries directly or indirectly intimidate or influence students
and faculty through various means, including via aggressive protests
restricting access to campus facilities to those with certain identities and
views, and when campus informants send reports to repressive foreign
security agencies.
(k) There is a compelling state interest in protecting academic
independence, research security and intellectual property from foreign
adversary influence.
(l) A prohibition on acceptance of direct or indirect funding or
contractual benefits from designated foreign adversaries is necessary to
protect the sovereignty and interests of the state.
Sec. 3. As used in sections 1 through 12, and amendments thereto:
(a) "Affiliate organization" means any foundation, including any
institutional foundation exempt from federal income taxation pursuant to
section 501(c)(3) of the federal internal revenue code, research institute,
direct-support organization or contracting entity formed for the benefit of a
postsecondary educational institution.
(b) "Country of concern" means the following:
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(1) People’s republic of china;
(2) Russian federation;
(3) islamic republic of Iran;
(4) democratic people’s republic of Korea;
(5) state of Qatar; and
(6) any other country designated by the governor in accordance with
section 7, and amendments thereto.
(c) "Foreign principal" means any person or entity acting directly or
indirectly on behalf of a country of concern or another foreign principal,
including through a subsidiary entity, nonprofit organization or front
organization. "Foreign principal" includes:
(1) With respect to the people's republic of China, any entity
associated with Hanban, the ministry of education or Confucius institutes;
(2) with respect to the state of Qatar, the state-owned Al Jazeera
media network, the Qatar foundation, Hamas and any other affiliated
Muslim brotherhood organizations or persons that are operating in this
state, including any such organizations or persons that are under
government patronage and protection;
(3) any foreign terrorist organization or specially designated global
terrorists that have been so designated by the United States department of
state or department of the treasury and identified in a concurrent resolution
adopted by the legislature; and
(4) any other entity or person designated by the governor in
accordance with section 7, and amendments thereto.
(d) "Gift," "grant," "contract" or "funding" means any monetary
contributions, research sponsorships, in-kind support, subsidized travel,
programmatic assistance or any other thing of value.
(e) "Postsecondary education institution" means the same as defined
in K.S.A. 74-3201b, and amendments thereto.
Sec. 4. (a) No postsecondary educational institution or any affiliate
organization shall, directly or indirectly through a United States
intermediary entity, accept, solicit or enter into a gift, grant, contract,
research sponsorship, program agreement, partnership or any other
funding relationship with a country of concern or a foreign principal that
has an aggregate value of $100,000 or more.
(b) Any moneys or other thing of value accepted in violation of this
section shall be returned by the postsecondary educational institution or
affiliate organization or surrendered to the state. Any moneys surrendered
to the state shall be remitted to the attorney general. Any nonmonetary
thing of value shall be transferred to the attorney general who shall dispose
of such item through sale or other transfer. Any moneys surrendered to the
state and any proceeds from such sale or transfer of an item of value shall
be remitted to the state treasurer in accordance with K.S.A. 75-4215, and
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amendments thereto. Upon receipt of any such remittance the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the foreign adversaries out of higher education fund established under
section 10, and amendments thereto.
(c) No postsecondary educational institution shall enter into any
cultural exchange agreement with a country of concern or any foreign
principal unless the psotsecondary educational institution certifies to the
state board of regents that such agreement does not constrain freedom of
speech, control curricular materials or promote an agenda detrimental to
the safety of this state or the United States.
(d) No student organization or scholar association affiliated with or
operating at any postsecondary educational institution shall coordinate
activities with a country of concern or any foreign principal. If any student
organization or scholar association violates this subsection, the
postsecondary educational institution shall terminate any affiliation with
such student organization or scholar association.
Sec. 5. (a) All postsecondary educational institutions shall comply
with section 117 of the higher education act, 20 U.S.C. § 1011f. Each
postsecondary educational institution shall report any contract with or gift
from a country of concern or foreign principal that has a value of $10,000
or more or an aggregate value within a 12-month period of $50,000 or
more to the state board of regents within 30 days after entering into such
contract or receiving such gift.
(b) Reports submitted to the state board of regents under subsection
(a) shall be submitted in such form and manner as prescribed by the board.
Each report shall identify the:
(1) Entity contracting with or making the gift to the postsecondary
educational institution;
(2) entity's country of origin;
(3) total value of such contract or gift;
(4) date such contract was entered into or such gift was received;
(5) purpose of such contract or gift;
(6) terms or conditions of such contract or gift regarding how any
moneys provided may be expended, including:
(A) Any items listed as restricted under section 117 of the higher
education act, 20 U.S.C. § 1011f, in effect on July 1, 2026;
(B) required nondisclosure agreements;
(C) hiring requirements, including, but not limited to, requirements to
hire specific individuals or individuals of specific nationalities or religions;
(D) requirements to admit specific students, students from specific
countries or students who adhere to a specific religion;
(E) restrictions on discussing a country of concern in a positive
manner or to refrain from discussing a country of concern in a negative
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manner;
(F) required actions by the postsecondary educational institution
regarding a country of concern or issues related to such country of
concern; and
(G) requirements that certain student organizations or other activities
be allowed to operate on the campus of such postsecondary educational
institution or receive funding and support from such postsecondary
educational institution; and
(7) conclusions of any due diligence review performed by the
postsecondary educational institution with respect to such contract or gift.
(c) The state board of regents shall create and maintain a public
transparency database that contains the information required to be reported
under this section. Such database shall be accessible through a website
maintained by the board.
Sec. 6. (a) No postsecondary educational institution shall operate or
host any Confucius institute or any similar entity that is funded or
supported by the people’s republic of China or any foreign principal
thereof.
(b) No postsecondary educational institution shall operate or host any
entity or individual, including any member of the faculty, staff or student
body of such postsecondary educational institution, that is funded by the
state of Qatar or any foreign principal thereof.
(c) Unless specifically authorized to continue to operate at a
postsecondary educational institution by a concurrent resolution adopted
by the legislature, any entity or program that is subject to this section shall
be closed or terminated on or before January 1, 2027, or on the date of
termination or expiration of the contract providing for the operation of
such entity or program, if any, whichever occurs first.
Sec. 7. (a) The governor, in consultation with the attorney general,
may designate additional countries as countries of concern or entities or
persons as foreign principals. A postsecondary educational institution may
submit an appeal to the governor requesting reconsideration of any such
designation.
(b) The governor shall provide written notice of any such designation
to the legislature. Any such designation shall be published on a website
maintained by attorney general.
Sec. 8. (a) Upon receipt of a complaint of a violation of section 4, 5
or 6, and amendments thereto, the attorney general shall investigate such
alleged violation. The attorney general may also investigate any other
alleged violations of section 4, 5 or 6, and amendments thereto, or other
attempts by a country of concern or foreign principal to conceal funding
directed to a postsecondary educational institution, exert ideological
influence at any postsecondary educational institution or gather
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intelligence in this state. Any such investigations shall include appropriate
protections for individuals who report alleged violations.
(b) Upon finding that a violation of section 4, 5 or 6, and amendments
thereto, has occurred, the attorney general may bring an action seeking:
(1) The repayment or forfeiture of moneys or other things of value
received by a postsecondary educational institution through a prohibited
contract or gift;
(2) civil penalties in an amount of not to exceed $250,000 per
violation; and
(3) such other equitable and declaratory relief the attorney general
deems appropriate.
(c) If a postsecondary educational institution is determined to have
violated section 4, 5 or 6, and amendments thereto, by a court of
competent jurisdiction in a final adjudication, the attorney general shall
certify such decision to the director of budget. Such postsecondary
educational institution shall not be eligible to receive any state moneys
provided through research grants for a period of five years from the date of
such court decision.
(d) At the discretion of the attorney general and subject to the
availability of sufficient funds, any individual who files a complaint with
the attorney general alleging a violation of section 4, 5 or 6, and
amendments thereto, may receive a portion of any moneys paid by a
postsecondary educational institution to the attorney general pursuant to a
court order issued in an action based on such violation in an amount not to
exceed 10% of such moneys.
(e) Any individual employed by or who is an agent of a
postsecondary educational institution or an affiliate organization who
knowingly conceals funding provided to such postsecondary educational
institution or an affiliated organization through a prohibited contract or gift
may be subject to termination and may be referred to the district or county
attorney for criminal investigation.
Sec. 9. (a) The Kansas bureau of investigation, in consultation with
the governor and attorney general, shall develop and publish educational
materials on how countries of concern and foreign principals infiltrate
postsecondary educational institutions through direct funding, front
organizations and the abuse of nonprofit charitable organizations. Such
educational materials shall train law enforcement officers to recognize and
investigate such efforts and the best practices for protecting faculty and
students from influence and repression by such countries of concern and
foreign principals.
(b) Each law enforcement officer shall complete training based on the
educational materials at least once every three years as part of such
officer's in-service training requirements.
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(c) As used in this section, "law enforcement officer" means:
(1) Any person employed by a state agency who by virtue of such
person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes; or
(2) any police officer employed by the chief executive officer of a
postsecondary educational institution.
Sec. 10. (a) There is hereby established in the state treasury the
foreign adversaries out of higher education fund to be administered by the
attorney general. The attorney general shall remit all moneys received
from any postsecondary educational institution pursuant to section 4, and
amendments thereto, or pursuant to a court order issued in any action
brought under section 7, and amendments thereto, to the state treasurer in
accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the foreign adversaries out of higher
education fund. All expenditures from the foreign adversaries in higher
education fund shall be for the purposes of enforcing the provisions of the
foreign adversaries out of higher education act, paying any amounts
pursuant to section 8(d), and amendments thereto, and providing
educational materials under section 9, and amendments thereto, and shall
be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the attorney general or the attorney general's designee.
(b) On July 1, 2026, and each July 1 thereafter, or as soon thereafter
as moneys are available, the director of accounts and reports shall transfer
$500,000 from the state general fund to the foreign adversaries out of
higher education fund.
Sec. 11. (a) Each year the state treasurer shall audit a random sample
of at least 10% of the postsecondary educational institutions, which shall
include any such institutions that did not submit any reports required under
section 5, and amendments thereto, to determine compliance with the
requirements of this act.
(b) On or before December 31, 2026, and each December 31
thereafter, the attorney general, in collaboration with the state board of
regents and the state treasurer, shall submit a report to the governor and the
legislature providing a summary of investigations conducted by the
attorney general pursuant to this act. Any such report shall redact any
information that would compromise any ongoing investigation.
Sec. 12. Sections 1 through 11, and amendments thereto, are declared
severable. Any provision of sections 1 through 11, and amendments
thereto, or the application thereof to any person or circumstance that is
held to be unconstitutional or invalid shall not affect the validity of any
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remaining provisions of sections 1 through 11, and amendments thereto, or
the applicability of such provisions to any person or circumstance.
Sec. 13. This act shall take effect and be in force from and after its
publication in the statute book.
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