SLS 23RS-375 REENGROSSED
2023 Regular Session
SENATE BILL NO. 206
BY SENATOR MILLIGAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INTERNATIONAL AFFAIRS. Provides relative to foreign interest in certain Louisiana
research facilities. (7/1/23)
1 AN ACT
2 To amend and reenact R.S. 17:1826.2(A)(2) and (3), (B)(1)(a) and (b), and (C)(4)(a),
3 1826.3(A)(1)(b) and (c), (C), (D)(6), and (E), 1826.4(A), (B)(2), (C), and (D) as
4 enacted by Section 1 of Act 767 of the 2022 Regular Session, relative to the Higher
5 Education Foreign Security Act of 2022; to provide for foreign gift reporting; to
6 provide for definitions; to provide for screening of foreign researchers; to provide
7 for foreign travel; to provide for research institutions; and to provide for related
8 matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 17:1826.2(A)(2) and (3), (B)(1)(a) and (b), and (C)(4)(a),
11 1826.3(A)(1)(b) and (c), (C), (D)(6) and (E), 1826.4(A), (B)(2), (C) and (D) as enacted by
12 Section 1 of Act 767 of the 2022 Regular Session are hereby amended and reenacted to read
13 as follows:
14 §1826.2. Foreign gift reporting
15 A. As used in this Section, the following words shall have the following
16 meanings unless the context clearly indicates otherwise:
17 * * *
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1 (2) "Contract" means any agreement for the acquisition by purchase, lease,
2 or barter of property or services by a foreign source for the direct benefit or use of
3 any of the parties, and any purchase, lease, or barter of property or services from a
4 foreign country of concern adversary.
5 (3) "Foreign country of concern" means any country subject to any sanction
6 or embargo program administered by the Office of Foreign Assets Control within the
7 United States Department of Treasury, including any federal license requirement;
8 custom rules; export controls; restrictions on taking institution property, including
9 but not limited to intellectual property abroad; restrictions on presentations, teaching,
10 and interactions with foreign colleagues; and other subjects important to the research
11 and academic property of the institution, subject to either or both the International
12 Traffic in Arms Regulations, 22 CFR Parts 120 through 130, and the Export
13 Administration Regulations, 15 CFR Parts 730 through 774. adversary" means any
14 foreign government or foreign non-government person determined by the
15 United States secretary of commerce to have engaged in a long-term pattern or
16 serious instances of conduct significantly adverse to the national security of the
17 United States or security and safety of United States persons as listed in 15 CFR
18 §7.4 Determination of Foreign Adversaries, as amended or renumbered.
19 * * *
20 B.(1)(a) Each institution shall report any gift received directly or indirectly
21 from a foreign source adversary with a value of fifty thousand dollars or more. This
22 report shall be made each January thirty-first and July thirty-first and shall include
23 the gifts made during the six-month period ending on the last day of the month
24 immediately preceding the reporting month. The institution shall include in its report
25 gifts received by all affiliate organizations of the institution.
26 (b) If a foreign source adversary provides more than one gift directly or
27 indirectly to an institution and its affiliate organizations in a single fiscal calendar
28 year and the total value of all gifts is fifty thousand dollars or more, then all gifts
29 received from that foreign source shall be reported.
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1 * * *
2 C. Reports of gifts subject to the requirements of this Section shall include
3 the following information, unless the information is exempt from disclosure under
4 the provisions of this Section or otherwise prohibited or deemed confidential under
5 federal or state law:
6 * * *
7 (4)(a) A copy of any gift agreement between the foreign source and the
8 institution, signed by the foreign source and the chief administrative officer of the
9 institution, or their respective designees, which includes a detailed description of the
10 purpose for which the gift is to be used by the institution, the identification of the
11 persons whom the gift is explicitly intended to benefit, and any applicable
12 conditions, requirements, restrictions, or terms made a part of the gift regarding the
13 control of curricula, faculty, student admissions, student fees, or contingencies
14 placed upon the institution to take a specific public position or to award an honorary
15 degree. If an agreement contains information protected from disclosure, an abstract
16 and redacted copy of the disclosure containing information that is not protected shall
17 be submitted in lieu of a copy of the agreement.
18 * * *
19 §1826.3. Screening foreign researchers
20 A.(1) Every person seeking employment with a postsecondary education
21 institution as defined in R.S. 17:1826.2 in a research or research-related support
22 position, or applying as a graduate student for a research or research-related support
23 position, or for a position as a visiting researcher shall, prior to being offered a
24 position of employment, be screened by the institution to determine if any of the
25 following apply to the person:
26 * * *
27 (b) The person is a citizen or permanent resident of the United States who has
28 any affiliation with an institution or program in with a foreign country of concern
29 as defined in R.S. 17:1826.2 adversary.
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1 (c) The person has at least one year of prior employment or training in a
2 foreign adversary country of concern as defined in R.S. 17:1826.2, except for
3 employment or training by an agency of the United States government.
4 * * *
5 C. Each applicant for a position listed in Subsection A of this Section shall
6 submit a complete resume and curriculum vitae, including every institution of higher
7 education attended; all previous employment since the applicant's eighteenth
8 birthday; a list of all published material for which the applicant received credit as an
9 author, a researcher, or otherwise or to which the applicant contributed significant
10 research, writing, or editorial support; a list of the applicant's current and pending
11 research funding, and its amount, from any source, including the applicant's role on
12 the project, and a brief description of the research; and a full disclosure of
13 nonuniversity professional activities, including any affiliation with an institution or
14 program in a foreign adversary country of concern. If an applicant has been
15 continually employed or enrolled in a postsecondary education institution in the
16 United States for twenty years or more, the resume may, but is not required to,
17 include employment history before the most recent twenty-year period.
18 D. The president or chief administrative officer of the institution shall adopt
19 a policy for the proper screening of all individuals subject to this Part for research-
20 related support positions and shall take necessary and reasonable steps to verify all
21 attendance, employment, publications, and contributions listed in the application
22 prior to any offer of a position to the applicant. Necessary and reasonable steps may
23 include the following:
24 * * *
25 (6) Requesting further investigation, including but not limited to a second
26 background check performed by the Federal Bureau of Investigation, the Louisiana
27 State Police, or any other qualified local law enforcement agency, if any of the
28 individual's information provided on the Online Nonimmigrant Visa Application,
29 Form DS-160 raises any security concerns for the institution about the individual's
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1 relationship with a foreign country of concern adversary.
2 E. Each institution may direct the research integrity officer shall develop a
3 policy to approve an applicant for hire based on a risk-based determination
4 considering the nature of the research and the background and ongoing affiliations
5 of the applicant.
6 * * *
7 §1826.4. Foreign travel; research institutions
8 A. By July 1, 2023, each postsecondary education institution as defined in
9 R.S. 17:1826.2 that receives state appropriations and has a research budget of ten
10 million dollars or more shall establish an international travel approval and
11 monitoring program. The program shall require preapproval and screening by the
12 institution for any employment-related foreign travel to foreign adversary
13 countries and employment-related foreign activities engaged in by any faculty
14 member, researcher, or any other research department staff with foreign
15 adversaries. This requirement is in addition to any other travel approval process
16 applicable to the institution.
17 B. * * *
18 (2) Preapproval shall be based on the binding commitment of the individual
19 traveler not to violate the institution's limitations on travel and activities abroad and
20 to obey all applicable federal laws. Any person subject to this Section traveling
21 abroad representing their respective institution, upon return, shall report any gifts of
22 funds or promises to pay offered by a foreign country of concern adversary or any
23 entity representing the interests of a foreign country of concern adversary.
24 C. The postsecondary education institution shall maintain records of all
25 employment-related foreign travel requests and approvals to foreign adversary
26 countries; expenses reimbursed by the institution or affiliate organization of the
27 institution during travel, including for transportation, food, and lodging; and
28 payments and honoraria received during the travel and activities, including for
29 transportation, food, and lodging. The institution shall keep records of the purpose
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1 of the travel and any records related to the foreign activity review. These records
2 shall be retained for at least three years or any longer period of time required by any
3 other applicable state or federal law.
4 D. The institution shall provide an annual report of travel to foreign
5 adversary countries of concern as defined in R.S. 17:1826.2 listing individual
6 travelers, foreign locations visited, and foreign institutions visited to the board of
7 supervisors of the applicable institution.
8 * * *
9 Section 2. This Act shall become effective on July 1, 2023; if vetoed by the governor
10 and subsequently approved by the legislature, this Act shall become effective on the day
11 following such approval by the legislature or July 1, 2023, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 206 Reengrossed 2023 Regular Session Milligan
Present law provides for the Higher Education Foreign Security Act of 2022.
Present law defines "foreign country of concern" as any country subject to any sanction or
embargo program administered by the Office of Foreign Assets Control within the United
States Department of Treasury, including any federal license requirement; custom rules;
export controls; restrictions on taking institution property, including but not limited to
intellectual property abroad; restrictions on presentations, teaching, and interactions with
foreign colleagues; and other subjects important to the research and academic property of
the institution, subject to federal present law.
Present law uses the definition of "foreign country of concern" throughout present law to
trigger reporting of gifts, screening of persons seeking employment with a postsecondary
education institution, and approval of foreign travel.
Proposed law defines "foreign adversary" as any foreign government or foreign non-
government person determined by the United States secretary of commerce to have engaged
in a long-term pattern or serious instances of conduct significantly adverse to the national
security of the United States or security and safety of United States persons as listed in
federal regulations.
Proposed law replaces the definition of "foreign country of concern" with the definition of
"foreign adversary" to trigger reporting of gifts, screening of persons seeking employment
with a postsecondary education institution, and approval of foreign travel contained in
present law.
Present law requires each institution to report any gift received directly or indirectly from
a foreign source with a value of $50,000 or more.
Proposed law retains present law, but changes "foreign source" to "foreign adversary".
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Present law requires an institution and its affiliate organizations to report the total value of
all gifts of $50,000 or more in a single fiscal year.
Proposed law retains present law, but changes "fiscal year" to "calendar year".
Present law requires the report of gifts subject to requirements to include a copy of any gift
agreement.
Present law authorizes each institution to direct the research integrity officer to approve 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 authorizes each institution to develop a policy to approve 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.
Present law requires an institution to approve all foreign travel and expense reimbursements.
Proposed law retains present law, but limits approval to employment-related travel to foreign
adversary countries.
Effective July 1, 2023.
(Amends R.S. 17:1826.2(A)(2) and (3), (B)(1)(a) and (b), and (C)(4)(a), 1826.3(A)(1)(b) and
(c), (C), (D)(6), and (E), 1826.4(A), (B)(2), (C), and (D) as enacted by Act 767 of the 2022
R.S.)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds to the definition of "foreign adversary" a determination be made by the
U.S. secretary of commerce that the foreign government or foreign non-
government person engaged in a long-term pattern or serious instances of
conduct significantly adverse to the national security of the U.S. or security
and safety of U.S. persons as listed in federal regulations.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Changes the proposed law reporting requirements of gift agreements between
foreign adversaries and higher education institutions to retain present law
applicability to gift agreements between foreign sources and higher education
institutions.
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