81-836.

Policy of the state; Committee on Pacific Conflict; created; members; meetings; powers; Governor; annual state threat assessment.

(1) It shall be the policy of the State of Nebraska to:

(a) Support the civilian and military command of the United States and its efforts to promote and maintain prosperity, peace, and security for America and its allies;

(b) Enhance the defensive posture of this state so as to protect state citizens and assets and to contribute to the broader defensive posture of the United States by reducing security vulnerabilities within this state; and

(c) Exercise foresight and make reasonable preparations for a potential regional or global conflict centered on the Pacific theater which could involve attacks upon the United States and its allies in the Pacific theater, which could involve asymmetrical attacks on the American homeland, and which could cause the disruption or complete severing of supply chains between this state and its vendors and the People's Republic of China, the Republic of China, or other countries in the Pacific theater.

(2) The Committee on Pacific Conflict is hereby created. The committee shall consist of the following seven voting members:

(a) The Director of State Homeland Security, appointed pursuant to section 81-830, who shall serve as chairperson of the committee;

(b) The Director of Administrative Services;

(c) The state investment officer;

(d) The Adjutant General; and

(e) Three individuals with applicable knowledge of the threats posed to this state in the event of a Pacific conflict, including at least one individual who represents an entity that is responsible for the operation and maintenance of critical infrastructure in this state. Such individuals shall be appointed by the Governor.

(3) The committee shall also include four members of the Legislature, to be appointed by the Executive Board of the Legislative Council. The legislative members shall be nonvoting members of the committee.

(4) Appointments to the committee shall be made within sixty days after April 17, 2024.

(5) The committee shall be authorized for an initial period of three years.

(6) The first meeting of the committee shall be held within ninety days after April 17, 2024.

(7) The committee shall meet no less than once every three months. Additional meetings may be called at the will of the majority of the voting members of the committee, and emergency meetings may be called at the will of the chairperson of the committee or the Governor. In the interest of state and national security, meetings of the committee shall not be subject to the Open Meetings Act and the records and documents of the committee shall not be considered public records for purposes of sections 84-712 to 84-712.09.

(8) At the discretion of the committee, an advisory board may be established and subject matter experts may be consulted to provide expertise or collaborative research support.

(9) The committee is authorized to liaise with relevant federal government authorities, authorities from other state governments, and experts from research institutions for the purpose of obtaining information that is useful for the committee's work.

(10) The committee is authorized to produce policy recommendations for the State of Nebraska.

(11) The committee is authorized to conduct secure hearings or briefings with critical infrastructure providers for the purpose of understanding the threats, risks, and vulnerabilities posed to critical infrastructure in the event of a Pacific conflict, including potential mitigation or emergency response strategies.

(12) The Governor shall annually produce and publish a state threat assessment no later than the day prior to the annual address made to the Legislature by the Governor. The annual state threat assessment shall provide an overview of the substantial threats to state or national security, state or national economic security, state or national public health, or any combination of such matters, occurring within and threatening the State of Nebraska to the extent such information can be provided and stored in a manner that meets national security standards. The state threat assessment shall include summary nonconfidential findings of the Committee on the Pacific Conflict. Such summary nonconfidential findings shall include no information that would create any risk to state critical infrastructure or other sensitive state assets.

(13) The committee may, at the discretion of the committee and upon an affirmative vote of five of the committee's seven voting members, produce a confidential report that shall be kept in a secure location to be determined by the Governor and which shall only be accessed with the approval of the Governor. Such report shall contain information, instructions, and other findings that the committee deems useful to preserve for the elected leaders of the State of Nebraska.