§1826.3. Screening foreign researchers

            A.(1) Every person seeking employment with a postsecondary education institution as defined in R.S. 17:1826.2 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, shall, prior to being offered a position of employment, be screened by the institution to determine if any of the following apply to the person:

            (a) The person is a citizen of a foreign country and not a permanent resident of the United States.

            (b) The person is a citizen or permanent resident of the United States who has any affiliation with an institution or program with a foreign adversary.

            (c) The person has at least one year of prior employment or training in a foreign adversary country, except for employment or training by an agency of the United States government.

            (2) The provisions of this Subsection shall apply only to institutions that receive state appropriations and have annual research budgets of ten million dollars or more.

            B. Each foreign applicant for a position listed in Subsection A of this Section shall submit a copy of the applicant's current passport and the most recently submitted Online Nonimmigrant Visa Application, DS-160. After extraction of all information relevant to the requirements of this Section, the institution may destroy or return the copy of the DS-160 submitted by an applicant.

            C. Each applicant for a position listed in Subsection A of this Section shall 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 nonuniversity professional activities, including any affiliation with an institution or program in a foreign adversary country. If an applicant has been continually employed or enrolled in a postsecondary education institution in the United States for twenty years or more, the resume may, but is not required to, include employment history before the most recent twenty-year period.

            D. The president or chief administrative officer of the institution shall adopt a policy for the proper screening of all individuals subject to this Part for research-related support positions and shall take necessary and reasonable steps to verify all attendance, employment, publications, and contributions listed in the application prior to any offer of a position to the applicant. Necessary and reasonable 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 ten 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 or state law.

            (6) Requesting further investigation, including but not limited to a second background check performed by the Federal Bureau of Investigation, the Louisiana State Police, or any other qualified local law enforcement agency, if any of the individual's information provided on the Online Nonimmigrant Visa Application, Form DS-160 raises any security concerns for the institution about the individual's relationship with a foreign adversary.

            E. Each institution shall 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.

            F. The requirements of this Section shall be completed before offering any position to an applicant for a position listed in Subsection A of this Section.

            G. Prior to July 1, 2025, the office of the legislative auditor shall perform an operational audit regarding implementation of the provisions of this Section.

            See Acts 2022, No. 767, §1, eff. July 1, 2023; Acts 2023, No. 106, §1, eff. July 1, 2023.