This provision defines key terms used in the act, including company, foreign adversary, public entity, scrutinized company, technology-related product or service, and unmanned aerial system.
For purposes of the Foreign Adversary Contracting Prohibition Act: (1) Company means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that exists for the purpose of making a profit, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of any such entity or business association; (2) Foreign adversary means a foreign adversary as determined pursuant to 15 C.F.R. 791.4, as such regulation existed on April 1, 2025; (3) Owned in whole or in part means: (a) For a publicly traded company, any share of ownership that entails the ability to direct or influence the operations of the company, the ability to appoint or discharge any board members, officers, or directors, or any other rights beyond those available to a retail investor holding an equivalent share of ownership; and (b) For a privately held company, any share of ownership; (4) Public entity means the state or any department, agency, commission, or other body of state government, including publicly funded institutions of higher education, any political subdivision of the state, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any such public entity; (5) Scrutinized company means: (a) Any company organized under the laws of a foreign adversary or having its principal place of business within a foreign adversary, and any subsidiary of any such company; (b) Any company owned in whole or in part or operated by the government of a foreign adversary, an entity controlled by the government of a foreign adversary, or any subsidiary or parent of any such company; or (c) Any company that sells to a public entity a final technology-related product or service that originates with a company described in subdivision (5)(a) or (b) of this section without incorporating that product or service into another final product or service; (6) Technology-related product or service means a product or service used for information systems, surveillance, light detection and ranging, or communications. The term does not include unmanned aerial systems; and (7) Unmanned aerial system means a powered, aerial vehicle that: (a) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (b) Uses aerodynamic forces to provide vehicle lift; (c) Can fly autonomously or be piloted remotely; and (d) Can be expendable or recoverable. History: Laws 2024, LB1300, § 9; Laws 2025, LB644, § 27.