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Senators narrow provisions of a foreign-adversary registration bill after debate over AG authority and universities
Summary
Legislators debated LB644, which would create registration requirements related to activity on behalf of foreign principals; sponsors and critics negotiated limits on the attorney general’s discretion and added permissive language for postsecondary institutions.
On select file senators debated LB644, a proposal that would require certain persons and entities to register with the attorney general when acting on behalf of specified foreign principals. The bill drew questions about the breadth of covered activities, the delegation of investigative and rulemaking authority to the attorney general, and how the measure would interact with university governance and due process.
Senator John Kavanaugh, speaking in favor of removing one phrase, called several lines of language "flowery" and said it could create ambiguity about the attorney general’s standard. "If we put it into statute, people will think that it has meaning," Senator John Kavanaugh said during floor debate on FA233, urging removal of the qualifying phrase "having due regard for national security and public interest." Senator Bostar, the bill’s sponsor, supported later changes and sought to make some university requirements permissive rather than mandatory.
Debate focused on several topics: how the bill defines "covered activities" (including political activity and public relations counsel), the registration and recordkeeping duties placed on registrants, and a potentially broad delegation of investigatory and enforcement powers to the attorney general. Senators expressed concerns about chilling effects on nonprofits, professional service providers, and research institutions. After floor amendments, legislators adopted a change that makes postsecondary-institution consequences permissive rather than mandatory; that amendment passed 29-4. Other amendments to remove the contested phrase were rejected. Senator Grecker moved to advance the bill and it was advanced to engrossing for further processing.
