HASBSB473 PECKC 4505
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 473 2022 Regular Session Milligan
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
INTERNATIONAL AFFAIRS. Provides relative to foreign interest in certain
Louisiana research facilities. (7/1/23)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Changes definition of "foreign country of concern".
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 473 Re-Reengrossed 2022 Regular Session Milligan
Proposed law shall be known as the "Higher Education Foreign Security Act of 2022".
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 and its affiliate organizations 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, 2024, 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 student
for a research or research-related support position, or for a position as a visiting researcher
be screened prior to being 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. HASBSB473 PECKC 4505
(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
offer of a position to the applicant. Provides that verification steps may 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 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)Requesting further investigation, including but not limited to a second background
check performed by the Federal Bureau of Investigation, the La. State Police, or other
qualified local law enforcement agency, if any of the individual's information
provided on the Form DS-160 raises any security concerns for the institution about
the individual's relationship with a foreign country of concern.
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 or more to establish an international travel approval
and monitoring program. Requires preapproval and screening by the institution 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 any person subject to proposed law traveling abroad representing their
institution, upon return, to report any gifts of funds, or promises to pay by a foreign country
of concern or any entity representing the interests of a foreign country of concern. HASBSB473 PECKC 4505
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 July 1, 2023.
(Adds R.S. 17:1826.1 - 1826.4)
______________________
Christine Arbo Peck
Senate Counsel