As used in this part:
(1) "Conditional gift" means a gift as defined in Subsection (4) that is subject to conditions:
- (a) imposed, requested, or provided by a foreign government or foreign person; and
(b) that relate to:
- (i) what kinds of teachers or students may benefit from the gift; or
- (ii) a description of the subject matter to be taught with the support of the gift.
(2) "Foreign government" means a government other than the government of:
- (a) the United States;
- (b) a state within the United States;
- (c) a territory or possession of the United States; or
- (d) a political subdivision of the United States.
(3) "Foreign person" means:
- (a) a foreign government defined in Subsection (2);
- (b) an individual who is not a citizen or national of the United States or of a territory or protectorate of the United States;
- (c) a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized under the laws of a foreign government or that has its principal place of business located outside the United States;
(d) if known by the institution, a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized pursuant to the laws of the United States or a state within the United States, if a majority of the stock or other equity interest is directly or indirectly owned by, or which derives a majority of its funding from:
- (i) a foreign government;
- (ii) an individual described in Subsection (3)(b); or
- (iii) an entity described in Subsection (3)(c) or (d); or
(e) if known by the institution, a committee or other group in which a majority of the membership is composed of:
- (i) a foreign government;
- (ii) an individual described in Subsection (3)(b); or
- (iii) an entity described in Subsection (3)(c) or (d).
- (4) "Gift" means an endowment, scholarship, gift, donation, or grant of money or property of any kind.
(5) "Restricted foreign entity" means:
- (a) a company that the United States Secretary of Defense is required to list as a military company under the requirements of federal national defense authorization acts;
- (b) any affiliate of a company described in Subsection (6)(a);
- (c) the country with a commercial or defense industrial base of which a company described in Subsection (6)(a) is a part; or
- (d) any subsidiary of a company described in Subsection (6)(a) or a country described in Subsection (6)(c).
Renumbered and Amended by Chapter 8, 2025 Special Session 1