Nebraska § 85-906 - Covered institution; reportable funding; foreign adversarial source; report to Coordinating Commission for Postsecondary Education.

§ 85-906. Covered institution; reportable funding; foreign adversarial source; report to Coordinating Commission for Postsecondary Education.

(1) For purposes of this section:

(a) Contract means any agreement between a covered institution and a foreign adversarial source for the acquisition by purchase, lease, or barter of property or services, for the direct benefit or use of either of the parties;

(b) Covered institution means any public or private two-year or four-year college or university having a campus or place of business in Nebraska;

(c) Foreign adversarial source means:

(i) A foreign adversary government, including an agency of a foreign adversary government;

(ii) A legal entity, governmental or otherwise, created solely under laws of a foreign adversary government;

(iii) An individual who is a citizen or a national of a foreign adversary government; and

(iv) An agent of any entity or individual described in subdivision (1)(c)(i), (ii), or (iii) of this section, including a subsidiary or affiliate of a foreign adversary legal entity acting on behalf of any such entity or individual;

(d) Foreign adversary means a foreign adversary as determined pursuant to 15 C.F.R. 791.4, as such regulation existed on January 1, 2025; and

(e) Reportable funding means revenue or the fair-market value of anything received as the result of any contract, gift, grant, endowment, award, scholarship, or donation, including a conditional or unconditional pledge of a contract, gift, grant, endowment, award, scholarship, or donation from a foreign adversarial source.

(2)(a) Except as provided in subdivision (b) of this subsection, each covered institution shall provide a report biannually to the Coordinating Commission for Postsecondary Education, in a manner prescribed by the commission, detailing all reportable funding received by the covered institution. Unless the information is exempt or prohibited from disclosure or deemed confidential under federal or state law, the report shall include the following information:

(i) The amount of the reportable funding and the date that such funding was received;

(ii) A description of the type of reportable funding and the purpose for such funding, including whether the reportable funding is part of an ongoing relationship with the foreign adversarial source;

(iii) A detailed description of the foreign adversarial source providing the reportable funding, including the name of the foreign adversarial source and, if not a foreign government, the country of citizenship, if known, and the country of principal residence or domicile of the foreign adversarial source; and

(iv) A copy of any contract, agreement, pledge, or memorandum of understanding associated with the funding.

(b) This section shall not require reporting of payments made to a covered institution by a natural person who would otherwise qualify as a foreign adversarial source for tuition or related fees to support an individual enrolled or planning to attend a covered institution.

(c) The Coordinating Commission for Postsecondary Education shall post the report on its public website.