The original instrument was prepared by Thomas L. Tyler. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Alan
Miller.
DIGEST
SB 473 Engrossed 2022 Regular Session Milligan
Proposed law provides for reporting of gifts and contracts funded from foreign sources, screening
of foreign researchers, and travel involving institutions of higher education.
Proposed law defines certain terms including "affiliate organization", "foreign country of concern",
and "foreign source".
Proposed law requires each institution of higher education to report any gift received directly or
indirectly from a foreign source having a value of $50,000 or more in a fiscal year and that the report
include all gifts valued at $50,000 or more. Provides that the report be made to the following:
(1)The institution's board of supervisors and an annual summary to the Board of Regents.
(2)Unless already reported to the institution's board of supervisors, an annual summary of the
gifts shall be filed with the Board of Regents for any institution of higher education or an
affiliate organization of the institution.
Proposed law requires that the report include the amount of the gift and the date received; if the gift
is a contract, its start and end date; name of the foreign source and country of principal residence or
domicile; and a copy of the agreement between the foreign source and the institution.
Proposed law, beginning July 1, 2023, requires the internal auditor of the Board of Regents to
annually audit a random sample of at least five percent of the total number of gifts. Provides for
audits upon request by the governor or the presiding officers of the legislature.
Proposed law subjects an institution of higher education to a civil penalty of 105% of the amount
of undisclosed gifts if it knowingly, willfully, or negligently fails to disclose the information required
in proposed law.
Proposed law requires that every person seeking employment in an institution of higher education
that receives state appropriations and has an annual research budget of $10 million or more, in a
research or research-related support position, or applying as a graduate or undergraduate student for
a research or research-related support position, or for a position as a visiting researcher be screened
prior to being interviewed or offered a position of employment to determine the following:
(1)Whether the person is a citizen of a foreign country and not a permanent resident of the
United States. (2)Whether the person is a citizen or permanent resident of the United States who has any
affiliation with an institution or program in a foreign country of concern.
(3)Whether the person has at least one year of prior employment or training in a foreign country
of concern, except for employment or training by an agency of the United States government.
Proposed law requires foreign applicants to provide a copy of their current passport and the most
recently submitted Online Nonimmigrant Visa Application, DS-160.
Proposed law requires every applicant to submit a complete resume and curriculum vitae, including
every institution of higher education attended; all previous employment since the applicant's
eighteenth birthday; a list of all published material for which the applicant received credit as an
author, a researcher, or otherwise or to which the applicant contributed significant research, writing,
or editorial support; a list of the applicant's current and pending research funding, and its amount,
from any source, including the applicant's role on the project, and a brief description of the research;
and a full disclosure of non-university professional activities, including any affiliation with an
institution or program in a foreign country of concern. If an applicant has been continually employed
or enrolled in a postsecondary education institution in the United States for 20 years or more, the
resume may but does not have to, include employment history before the most recent twenty year
period.
Proposed law requires review and verification of all materials submitted as well as attendance,
employment, publications, and contributions listed in the application prior to any interview for or
offer of a position to the applicant. Provides that verification steps include the following:
(1)Searching public databases for research publications and presentations.
(2)Searching public conflict of interest records to identify any research publication or
presentation that may have been omitted from the application.
(3)Contacting all employers from the previous 10 years to verify employment.
(4)Contacting all institutions of higher education attended to verify enrollment and educational
progress.
(5)Searching public listings of persons subject to sanctions or restrictions under federal law.
(6)Submission of the applicant's name and other identifying information to the Federal Bureau
of Investigation or other federal agency to review the applicant for purposes of national
security.
Proposed law authorizes each institution to direct the approval of an applicant for hire based on a
risk-based determination considering the nature of the research and the background and ongoing
affiliations of the applicant. Proposed law requires, by July 1, 2023, each institution receiving state appropriations and with a
research budget of $10 million dollars or more to establish an international travel approval and
monitoring program. Requires preapproval and screening by a research integrity officer for any
employment-related foreign travel and employment-related foreign activities engaged in by all
faculty, researchers, and research department staff. Provides that preapproval be based on the
applicant's review and acknowledgment of guidance from the institution which relates to countries
under sanctions or other restrictions imposed by the state or federal government, including any
federal license requirement; customs rules; export controls; restrictions on taking institution
property, including intellectual property, abroad; restrictions on presentations, teaching, and
interactions with foreign colleagues; and other subjects important to the research and academic
integrity of the institution.
Proposed law requires each institution to maintain records of all foreign travel requests and
approvals; expenses reimbursed by the institution during travel, including for transportation, food,
and lodging; and payments and honoraria received during the travel and activities, including for
transportation, food, and lodging; keep records of the purpose of the travel and any records related
to the foreign activity review. Requires retention of records for at least three years or any longer
period of time required by any law.
Proposed law requires an annual report of foreign travel to countries of concern listing individual
travelers, foreign locations visited, and foreign institutions visited to the college or university's board
of supervisors.
Proposed law requires office of legislative auditor to perform an operational audit on implementation
of proposed law by July 1, 2025.
Effective January 1, 2023.
(Adds R.S. 17:1818.1 - 1818.3)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Makes technical change.