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".
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.