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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1262
Introduced by Andersen, 49; at the request of the Governor.
Read first time January 30, 2026
Committee: Education
A BILL FOR AN ACT relating to postsecondary education; to adopt the1
Foreign Adversaries Out of Postsecondary Education Act; to harmonize2
provisions; to provide an operative date; to provide severability;3
to outright repeal section 85-906, Revised Statutes Supplement,4
2025; and to declare an emergency. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Sections 1 to 11 of this act shall be known and may be1
cited as the Foreign Adversaries Out of Postsecondary Education Act.2
Sec. 2. The Legislature finds that: 3
(1) Institutions of postsecondary education play a vital role in4
research, national competitiveness, development of future leaders, and5
nurturing core American liberties, and should be catalysts of6
strengthening ties with American allies who share our democratic values7
rather than adversaries who exploit them; 8
(2) Section 117 of the Higher Education Act of 1965, 20 U.S.C.9
1011f, requires American universities to report all foreign gifts, yet a10
2020 United States Department of Education investigation found that11
section 117 reporting is systemically underinclusive and inaccurate;12
(3) In 2025, the United States House of Representatives passed HR13
1048, which would amend section 117 to tighten up reporting requirements14
for foreign gifts to American universities; 15
(4) The United States Department of Education maintains the Section16
117 Foreign Gift and Contract Public Transparency Dashboard which lists17
all foreign gifts to universities and lists Qatar and China as the first18
and fourth largest contributors to U.S. universities, with Qatar19
contributing two billion dollars more than any other country;20
(5) Foreign governments and affiliated entities, particularly the21
People's Republic of China, in part via the Confucius Institute network,22
Qatar, in part via the Muslim Brotherhood network, as well as Russia,23
Iran, and North Korea, have systematically utilized partnerships,24
research sponsorships, media collaboration, funding mechanisms, student25
clubs and other campus outreach efforts, and clandestine relationships to26
exert ideological influence or intelligence collection within American27
universities; 28
(6) Columbia University shuttered its Chinese Students and Scholars29
Association chapter because of concerns the group was being used as a30
tool of the People's Republic of China to carry out influence operations31
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on campus; 1
(7) The former President of Northwestern University admitted in 20252
testimony to Congressional investigators that Qatar's funding to3
Northwestern came with the requirement that students and faculty at4
Northwestern's Doha campus comply with Qatari penal code prohibitions5
outlawing public criticism of Qatar's government and online postings6
deemed harmful by the regime, and that mandatory antisemitism training7
from Northwestern's main campus was not offered at its Qatar branch;8
(8) Florida enacted legislation in 2023 to restrict postsecondary9
education institutions from entering into agreements with or accepting10
funding from countries of concern, Texas enacted legislation in 2025 to11
prohibit acceptance of funding from governments of foreign adversaries,12
and the governors of both Texas and Florida issued executive orders in13
2025 designating the Muslim Brotherhood as a foreign terrorist14
organization; 15
(9) In January 2026, the United States Department of the Treasury,16
in coordination with the United States Department of State, designated17
certain branches of the Muslim Brotherhood and the Lebanese Secretary18
General of the Muslim Brotherhood as specially designated global19
terrorists and foreign terrorist organizations; 20
(10) Campus safety and intellectual freedom can be at risk when21
foreign adversaries directly or indirectly intimidate or influence22
students and faculty through various means, including via aggressive23
protests restricting access to campus facilities to those with certain24
identities and views, and when campus informants send reports to25
repressive foreign security agencies; 26
(11) There is a compelling state interest in protecting academic27
independence, research security, and intellectual property from foreign28
adversary influence; and 29
(12) A prohibition on acceptance of direct or indirect funding or30
contractual benefits from designated foreign adversaries is necessary to31
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protect the sovereignty and interests of the state.1
Sec. 3. For purposes of the Foreign Adversaries Out of2
Postsecondary Education Act: 3
(1) Affiliate organization means any foundation, research institute,4
direct-support organization, or contracting entity formed for the benefit5
of a postsecondary institution; 6
(2) Foreign adversary means: 7
(a) The People's Republic of China, including entities associated8
with the Hanban, the Ministry of Education, or the Confucius Institutes;9
(b) The Russian Federation; 10
(c) The Islamic Republic of Iran; 11
(d) The Democratic People's Republic of Korea;12
(e) The state of Qatar, including the state-owned Al Jazeera Media13
Network and the Qatar Foundation as well as Hamas and other affiliated14
Muslim Brotherhood organizations or persons operating in this state,15
including those under government patronage and protection;16
(f) Any foreign terrorist organization or specially designated17
global terrorists designated by the United States Department of State or18
the United States Department of the Treasury, including key branches and19
individuals of the Muslim Brotherhood; 20
(g) Any additional country, entity, or person designated by the21
Governor pursuant to section 8 of this act; and 22
(h) Any agent or entity under control of or acting on behalf of such23
foreign adversary; 24
(3) Foreign principal means any person or entity acting directly or25
indirectly on behalf of a foreign adversary, including through a26
subsidiary, nonprofit, or front organization; 27
(4) Gift, grant, contract, or funding means monetary contributions,28
research sponsorships, in-kind support, subsidized travel, programmatic29
assistance, or any type of value transfer; 30
(5) Knowingly means having actual knowledge or acting with31
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deliberate ignorance or reckless disregard of the Foreign Adversaries Out1
of Postsecondary Education Act; and 2
(6) Postsecondary institution has the same meaning as in section3
85-2403 and is inclusive of research divisions, laboratories, centers,4
and grant-funded programs. 5
Sec. 4. (1) No postsecondary institution, or any affiliate6
organization, may accept, solicit, or enter into, directly or indirectly,7
a gift, grant, contract, or funding, a research sponsorship, a program8
agreement, a partnership, or any other funding relationship with a9
foreign adversary or foreign principal. 10
(2) Funds accepted in violation of this section shall be returned or11
forfeited to the State Treasurer to be credited as required by Article12
VII, section 7, of the Constitution of Nebraska. 13
(3) Cultural exchange agreements are prohibited with a foreign14
adversary or any entity controlled by a foreign adversary unless the15
postsecondary institution certifies in writing to the Coordinating16
Commission for Postsecondary Education that the agreement in no way17
constrains freedom of speech, controls curricular materials, or promotes18
an agenda detrimental to the safety of this state or the United States.19
(4) No student or scholar association affiliated with or operating20
at any postsecondary institution may coordinate activities with a foreign21
adversary or any entity controlled by a foreign adversary. Any violation22
of this prohibition shall result in the postsecondary institution ending23
any affiliation with the student or scholar association.24
Sec. 5. (1) Each postsecondary institution shall submit a report to25
the Coordinating Commission for Postsecondary Education for any contract26
with or gift from a foreign country valued at ten thousand dollars or27
more or with an aggregated value within a twelve-month period of fifty28
thousand dollars or more. The report shall identify the donor, country of29
origin, total value, date received, terms of any contract, purpose of any30
gift, and outcome of any due diligence review. The report shall also31
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identify any stipulation regarding how or on what the funding may be1
spent, including, but not limited to: 2
(a) Nondisclosure agreements; 3
(b) Hiring requirements, including, but not limited to, requirements4
to hire specific individuals or individuals of specific nationalities or5
specific religions; 6
(c) Requirements to enroll specific students or students from7
specific countries or practicing specific religions;8
(d) Requirements to discuss the foreign country in a positive manner9
or to refrain from discussing the foreign country in a negative manner;10
(e) Required actions regarding a foreign country or issues related11
to a foreign country; or 12
(f) Requirements to allow certain student clubs or other activities13
on campus or for such student clubs to receive school funding and14
support. 15
(2) The submitted report shall also include a copy of any gift16
agreement between the foreign source and the postsecondary institution,17
which shall include any description of the purpose for which the gift is18
to be used. 19
(3) The report shall be submitted within one month of receiving a20
gift or entering into a contract in a searchable or sortable digital21
format in compliance with the specifications of the Coordinating22
Commission for Postsecondary Education. 23
(4) The Coordinating Commission for Postsecondary Education shall24
maintain a transparency database with the information required under this25
section accessible to the public on the commission's website.26
(5) Each postsecondary institution shall also comply with the27
requirements of 20 U.S.C. 1011f. 28
Sec. 6. (1) Any institution or affiliate organization found to be29
in violation of the Foreign Adversaries Out of Postsecondary Education30
Act shall: 31
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(a) Forfeit to the State Treasurer a sum equal to the prohibited1
gift or contract value; 2
(b) Be ineligible for state-funded research grants for up to five3
years; and 4
(c) Be subject to civil penalties of up to two hundred fifty5
thousand dollars per violation. 6
(2) Any employee of a postsecondary institution who knowingly7
conceals prohibited funding shall be subject to termination by the8
postsecondary institution. 9
(3) An egregious violation may result in a postsecondary institution10
losing its authorization to operate pursuant to the Postsecondary11
Institution Act. 12
(4) The Auditor of Public Accounts shall annually inspect or audit a13
random sample of at least ten percent of postsecondary institutions,14
including postsecondary institutions that did not submit a disclosure15
report under this section, to determine compliance with the requirements16
of the Foreign Adversaries Out of Postsecondary Education Act.17
(5) The Attorney General may commence a civil action in any18
appropriate district court to enforce the provisions of this section.19
(6) Any penalties collected under this section shall be remitted to20
the State Treasurer for distribution in accordance with Article VII,21
section 5, of the Constitution of Nebraska. Any forfeitures to the State22
Treasurer under this section shall be paid into the permanent school fund23
in accordance with Article VII, section 7, of the Constitution of24
Nebraska. 25
Sec. 7. (1) No postsecondary institution may operate or host any26
Confucius Institute or equivalent entity funded or supported by the27
People's Republic of China or its affiliates. 28
(2) No postsecondary institution may host or employ any individual29
faculty, staff, or student or operate or allow to operate any entity30
funded by Qatar or its affiliates, including the state-owned Al Jazeera31
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Network, Qatar Foundation, Hamas, and other affiliated Muslim Brotherhood1
organizations. 2
(3) Any program subject to this section shall be closed or3
terminated on or before December 31, 2026, or when any existing contract4
ends, whichever comes first. 5
Sec. 8. (1) The Governor, in consultation with the Attorney6
General, may designate any additional country, entity, or person as a7
foreign adversary or foreign principal for purposes of the Foreign8
Adversaries Out of Postsecondary Education Act. 9
(2) Notice of any such designation shall be filed electronically10
with the Clerk of the Legislature and the Coordinating Commission for11
Postsecondary Education. The Coordinating Commission for Postsecondary12
Education shall post any such notice on the commission's website.13
(3) A postsecondary institution may petition the Governor for14
reconsideration of such a designation. 15
(4) Any country, entity, or person designated as a foreign adversary16
or foreign principal pursuant to this section may appeal such designation17
to any appropriate district court. 18
Sec. 9. (1) In furtherance of the mandate to protect the state from19
fraud, the Attorney General shall utilize all existing statutory powers20
of investigation, including subpoena power and advanced investigative21
tools, to monitor compliance with the Foreign Adversaries Out of22
Postsecondary Education Act and to investigate any other attempts by23
foreign adversaries or foreign principals to conceal funding, exert24
ideological influence, or gather intelligence in the state. The Attorney25
General shall ensure that the mechanisms for reporting potential abuse26
include appropriate protections for whistleblowers and establish clear27
internal guidelines for investigations to comply with state and federal28
law. 29
(2) The Nebraska State Patrol, in consultation with the Governor and30
the Attorney General, shall provide an educational module on how foreign31
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adversaries and foreign principals exploit America's open society to1
infiltrate postsecondary institutions, including the use of direct2
funding, front entities, and nonprofit charitable organizations. The3
module shall train law enforcement officials to recognize and investigate4
such efforts as well as best practices for protecting students and5
teachers from repression, drawing upon relevant federal statutes and case6
law. 7
(3) Every peace officer shall complete the educational module8
provided under subsection (3) of this section at least once every three9
years. 10
Sec. 10. On or before December 31 of each year, the Attorney11
General, in collaboration with the Coordinating Commission for12
Postsecondary Education and the Auditor of Public Accounts, shall13
electronically submit to the Governor and the Clerk of the Legislature a14
report summarizing investigations conducted related to the Foreign15
Adversaries Out of Postsecondary Education Act. The report shall not16
include any information that would compromise any ongoing investigations.17
Sec. 11. It is the intent of the Legislature to appropriate to the18
Nebraska State Patrol two hundred fifty thousand dollars annually for law19
enforcement training and to the Attorney General two hundred fifty20
thousand dollars annually for investigating potential violations of the21
Foreign Adversaries Out of Postsecondary Education Act.22
Sec. 12. This act becomes operative on July 1, 2026.23
Sec. 13. If any section in this act or any part of any section is24
declared invalid or unconstitutional, the declaration shall not affect25
the validity or constitutionality of the remaining portions.26
Sec. 14. The following section is outright repealed: Section27
85-906, Revised Statutes Supplement, 2025. 28
Sec. 15. Since an emergency exists, this act takes effect when29
passed and approved according to law. 30
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