SB 399 — COLLEGES/UNIVERSITIES: Creates the Louisiana Higher Education Research Security Council. (1/1/27) (EN NO IMPACT See Note)

words in boldface type and underscored are additions.

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399 governmental subdivision or agency, or any other legal or commercial entity.

(22)"Tradesecret"shallmeanthewhole(22)"Tradesecret"shall oranymeanthewholeoranyportionorphaseofany portionorphaseofany formula,pattern,device,combinationofdevices,orcompilationofinformation whichPage is4 for use, or is used, in the operation of a18 businessCoding: and which provides thebusinessanadvantage,oranopportunitytoobtainanadvantage,overthose who do not know or use it.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

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399 ENROLLED which is for use, or is used, in the operation of a business and which provides thebusinessanadvantage,oranopportunitytoobtainanadvantage,overthose who do not know or use it.

(d) Of advantage to the business, institution of higher education, Pageresearch 5center, ofnonprofit, 20or Coding:other entity;

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-642 REENGROSSED SB NO.

399 research center, nonprofit, or other entity;

(24) "United Front Political Influence System" shall mean the Chinese Communist Party's extensivenetworkof organizations operating in parallel to the People's Republic of China's foreign ministry and intelligence servicesand seeking to influence universities, think tanks, civic groups, other prominent Page 5 of 18 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

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399 ENROLLED individuals and institutions, and public opinion broadly.

It includes but is not limitedtotheChinese People's Political Consultative Conference,theOverseas Chinese Affairs Office, the United Front Work Department, the Chinese Overseas Exchange Association, the China Overseas Friendship Association, and the All-China Federation of Returned Overseas Chinese, and any subsidiary or affiliate organization thereof.

Page(8) 6One researchsecurityofficerappointed by theBoardof Directorsof the Louisiana Association of 20Independent Coding:Colleges and Universities.

(9)Oneadditionalresearchsecurityofficerappointedbyeachgoverning board of a university that oversees one or more medical schools.

(10)Threefacultymemberswithresearchexperience,onedesignatedby the chief academic officer of the Louisiana State University System, one Page 6 of 18 Coding:

SLS 26RS-642 REENGROSSED SB NO.

399 (8)ENROLLED Onedesignated researchsecurityofficerappointed by theBoardofthe Directorsofchief theacademic officer of theUniversityof Louisiana AssociationSystem, and one designated by the chief academic officer of Independentthe CollegesSouthern andUniversity Universities.System.

(9)Oneadditionalresearchsecurityofficerappointedbyeachgoverning board of a university that oversees one or more medical schools.

(10)Threefacultymemberswithresearchexperience,onedesignatedby the chief academic officer of the Louisiana State University System, one designated by thechief academicofficer of the University of Louisiana System, and one designated by the chief academic officer of the Southern University System.

(14)The chief information officerofofficer of the officeof technologytechnologyservices,or services,or his designee.

(16) One designated research security officer or senior security officer or senior research administrator from each institution that engages in sponsored research that is a member of the Louisiana Association of Independent Colleges and Universities.

(1) Develop or adopt a model research security policy for Louisiana Pageinstitutions 7 of 20higher Coding:education to improve research security.

(2) Develop, offer or otherwise provide an annual training program for institutions of higher education's research security officers that includes Page 7 of 18 Coding:

SLS 26RS-642 REENGROSSED SB NO.

399 institutionsENROLLED ofbackground higherand educationacademichistorychecksofresearchers,researchsecurityand tointegritytools,andsoftwarethatmustbeusedtopreventthelossofintellectual improvecapital. research security.

(2) Develop, offer or otherwise provide an annual training program for institutions of higher education's research security officers that includes background andacademichistorychecksofresearchers,researchsecurityand integritytools,and softwarethatmustbeusedtopreventthelossofintellectual capital.

The vetting and review shall exclude information about trade secrets and protected information pursuant to nondisclosure or confidentiality agreements.

Any institution of higher education that is offered directly or indirectlyanygift,contract,oracademicorresearchpartnershipwithanyvalue from a foreign source of a foreign adversary nationsource shall reject such proposed gift, contract, or academicacademicorresearchpartnershipunlessthefollowingconditionsaremetbythe or research partnership unless the following conditions are met by the institution of higher education:

The council shall Pagehavevetoauthorityoversuchacademicandresearchpartnershipswithasimple 8majority vote of 20all Coding:council members.

Page 8 of 18 Coding:

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399 havevetoauthorityoversuchacademicandresearchpartnershipswithasimpleENROLLED majority(2) voteThe Board of allRegents councilshall members.maintain a public web portal disclosing proposed gifts, contracts, or academic or research partnerships from foreign adversary sources described in this Section, along with the final decision on whether to allow the relevant institution of higher education to accept the gift.

(2) The Board of Regents shall maintain a public web portal disclosing proposed gifts, contracts, or academic or research partnerships from foreign adversary sources described in this Section, along with the final decision on whether to allow the relevant institution of higher education to accept the gift.

Upon receiving a referral from an officer of an institution of higher education or any sworn complaint based upon substantive information and Pagereasonable 9belief, the attorney general must investigate an allegation of 20a Coding:violation of this Part.

B.Anyagentorcomplianceofficerauthorizedbyaninstitutionofhigher Page 9 of 18 Coding:

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399 reasonableENROLLED belief,education themay attorneyrequest generalrecords mustrelevant investigateto anany allegationreasonable suspicion of a violation of this Part.

B.AnyagentorcomplianceofficerauthorizedbyaninstitutionofhigherAn institution of higher education mayshall provide the required recordswithin ten days after such request recordsor relevantlater as agreed to anyby reasonablethe suspicionentity ofinvestigating athe violationinstitution of thishigher Part.education.

An institution of higher education must provide the required records within ten days after such request or later agreed to by the entity investigating the institution of higher education.

Failure to make a disclosure required under this Part or failure to providerecordsrequestedunderprovide SubsectionrecordsrequestedunderSubsectionBof B of this Sectionconstitutesacivil violation punishable upon a final administrative finding.

Such order mustshall also include a referral to the system president or other officer authorized to suspend or remove from public office the officer responsible for acceptance of the undisclosed gifts or contracts or entrance into the undisclosed academic or researchpartnership.Acopyofsuchreferralmustbeprovidedtothepresidentresearchpartnership.Acopyofsuchreferralshallbeprovidedtothepresident of the Senate, the speaker of the House of Representatives, the governor, and the Louisiana Higher Education Research Security Council for oversight of such suspension and removal authority.

A whistleblower who reports an undisclosed foreign gift or contract mayalsoreportsuchundisclosedgiftorcontracttotheattorneygeneral'soffice andretainwhistleblowerprotectionunderR.S.23:967.Suchwhistleblowershall be entitled to receive a reward in the amount of twenty-five percent of any penalty recovered.recovered.The attorney general is authorized to incur expenditures to provide such reward from the penalty recovery.

The attorney general is authorized to incur expenditures to provide such reward from the penalty recovery.

The council may adopt policies, as applicable, to implement this PageSection. 10 of 20 Coding:

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399 Section.

International cultural exchange agreements and student associations A.Aninstitutionofhighereducationmaynotparticipateinanycultural exchangePage agreement10 withof a18 foreignCoding: source from a foreign adversary, or any entity controlled by foreign adversaries unless it addresses an overwhelmingly under-addressed state or national need and it avoids:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

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399 ENROLLED exchange agreement with a foreign source from a foreign adversary, or any entity controlled by foreign adversaries unless it addresses an overwhelmingly under-addressed state or national need and it avoids:

By January thirty-first of each year, the Board of Regents shall submitsubmita areporttoreporttothegovernor,the thegovernor,thepresidentofpresident of the Senate, and thespeakerof the speakerHouse of PageRepresentatives 11relating to partnerships and agreements of 20institutions Coding:of higher education made with educational institutions or other institutionsbasedinforeignadversaries.Ataminimum,thereportshallinclude the following information for the previous fiscal year:

(1) Data reflecting any grant program, agreement, partnership, or Page 11 of 18 Coding:

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399 theENROLLED Housecontractbetweenaninstitutionofhighereducationandanycollege,university, ofor Representativesentity relatingthat tois partnershipsbased andin agreements of institutions of higher education made with educational institutions or othercontrolled institutionsby baseda in foreign adversaries.adversary.

At a minimum, the report must include the following information for the previous fiscal year:

(1) Data reflecting any grant program, agreement, partnership, or contractbetweenaninstitutionofhighereducationandanycollege,university, or entity that is based in or controlled by a foreign adversary.

The Board of Regents governing board of each institution of higher education shall adopt rules and regulations, respectively, to administer this Sectioninconsultationwiththecouncilandathird-partyadvisor,includingbutSection in consultation with the council and a third-party advisor, including but not limited to an intelligence firm.

Page(1) 12Accept transportation or lodging in a country that is a foreign adversary and that is paid for by the foreign adversary or a foreign adversary source because of 20the Coding:employee's or volunteer's position with the state or a political subdivision.

(2) Accept a gift or item of value from a person representing a foreign adversary for any purpose, including to pay for travel expenses or as Page 12 of 18 Coding:

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399 (1)ENROLLED Acceptreimbursement transportationfor the costs of attending a conference or lodgingother event in a country that is a foreign adversary andor that is paidhosted foron bybehalf theof a foreign adversary or a foreignprincipal adversary source because of the employee's or volunteer's position with the state or a politicalforeign subdivision.adversary.

(2) Accept a gift or item of value from a person representing a foreign adversary for any purpose, including to pay for travel expenses or as reimbursement for the costs of attending a conference or other event in a country that is a foreign adversary or that is hosted on behalf of a foreign adversary or a principal of a foreign adversary.

An employeeorvolunteerofaninstitutionofhigheremployeeorvolunteerofaninstitutionof higher education of this statestateshallreporttotheLouisianaHigherEducationResearchSecurityCouncil, shallintheformandmannerthecouncilrequires,eachinteraction,communication, report to the Louisiana Higher Education Security Council, in the form and manner the council requires, each interaction, communication, or meeting the employee, researcher, or volunteer has with a person acting on behalf of a foreign adversary not later than thirty days after the date of the interaction, communication, or meeting.

Research partnerships A.Aninstitutionofhighereducationshallonlyenterintoaneworrenew an existing research partnership with an academic or research institution, business, ornonprofitlocatedin a foreign adversary if the institution of higher education maintains sufficient structural safeguards to protect the state institution's intellectualproperty,thesecurityofthestateofLouisiana,andtheintellectualproperty,thesecurityofthestateofLouisiana, andthe nationalsecurityinterestsoftheUnitedStates.TheLouisianaHigherEducation Research Security Council shall only approve an institution of higher education's partnership if the council determines the partnership meets the safeguard requirements prescribed under this Section.

(1) Compliance with all federal requirements, including the Pagerequirementsof 13federalresearchsponsors and federal export control agencies, including regulations regarding international traffic in arms and export administration regulations, andeconomicandtradesanctionsadministeredby the office of 20foreign Coding:assets control of the United States Department of the Treasury.

(2) Annual formal institution level programs for faculty on conflicts of interest and conflicts of commitment.

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399 requirementsENROLLED of(3)Anoverwhelmingstateinteresttoenterintotheresearchoracademic federalpartnership. researchsponsors and federalexportcontrol agencies, including regulations regarding international traffic in arms and export administrationregulations,andeconomicand tradesanctionsadministeredby the office of foreign assets control of the United States Department of the Treasury.

(2) Annual formal institution level programs for faculty on conflicts of interest and conflicts of commitment.

(3)Anoverwhelmingstateinteresttoenterintotheresearchoracademic partnership.

The Louisiana Higher Education Research Security Council shall havehavefulldiscretiontorejectorterminateany full discretiontorejectorterminateany researchpartnership betweenan institution of higher education and an academic or researchinstitution located in a foreign adversaryadversary. at any time and for any purpose.

However, prior to denying or terminating any partnership, the council shall provide written notice, specific findings, an opportunity for the institution to respond, and an opportunity for administrative appeal.

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The Board of Regents, in conjunction with the office of technology services, shall promulgate rules and regulations prohibiting the future contracting with educational technology and software-providing entities domiciled in, or owned by companies or other entities domiciled in, foreign adversary countries as defined in 15 CFR 791.4, in each of the respective Page 14 of 18 Coding:

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399 B.ENROLLED systems.

TheC. Board of Regents, in conjunction with the office of technology services, shall promulgate rules and regulations prohibiting the future contracting with educational technology and software-providing entities domiciled in, or owned by companies or other entities domiciled in, foreign adversary countries as defined in 15 CFR 791.4, in each of the respective systems.

This Section shall apply only to contracts entered into or renewed after January 1, 2027.

PoliticalProtection partiesof higher education from foreign adversary influence A.Themanagementboardforeachpublicinstitutionofhighereducation in this state shall adopt and membersimplement A.policies consistent with this Section to safeguard institutional integrity, research security, and compliance with applicable federal law.

TheB.(1) managingNo boardConfucious ofInstitute, eachor institutionany ofprogram, higherinstitute, educationcenter, inassociation, thisor stateother shallentity adoptthat is directly established, funded, substantially directed, or controlled by any of the following policies:entities shall be permitted to operate on, conduct activities on, or use any property owned or controlled by a public postsecondary education institution in this state:

(1)(a) NoThe branch,government cell, subsidiary, or affiliate organization of the ChinesePeople's CommunistRepublic Party shall be allowed to operate on or use any property of anyChina. institution of higher education in this state.

(2)(b) NoThe members of the Chinese Communist Party,Party. People's Liberation Army, any Chinese intelligence agency, or any affiliate or subsidiary thereof, shall enroll in any Louisiana institution of higher education nor receive employment or research opportunities in any Louisiana institution of higher education.

B.(c) The People's Liberation Army.

A(d) student,Any academic,intelligence oragency researcher,of who matriculates from the People's Republic of China,China. shall sign an affidavit to certify that the student is notamemberoftheChineseCommunistParty,People'sLiberationArmy,any Chinese intelligence agency, or any affiliate or subsidiary thereof.

(e) Any subordinate or affiliated organization of the organizations providedforinSubparagraphs(a)through(d)ofthisParagraph,includingthe UnitedFrontPoliticalInfluenceSystemandanyofitssubsidiariesandaffiliated organizations.

(2) For purposes of this Section, entities which shall be considered "substantially directed or controlled" include but are not limited to the following:

(a) Entities appearing on the United States Department of Commerce Entity List as provided in 15 CFR 744.16.

(b) Entities appearing on the United States Department of Commerce Military End-User List as provided in 15 CFR 744.21.

(c) Entities formally designated by the United States Department of State, Department of Commerce, or Department of Defense, pursuant to Page 15 of 18 Coding:

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399 ENROLLED publicly issued determinations, as participating in a military-civil fusion program or malign foreign talent recruitment program.

(d) Entities receiving funding from a foreign source of a foreign adversary country without approval of the Research Security Council.

(e) Entities directly affiliated with and reporting to the Chinese Communist Party's United Front Political Influence System.

C.(1) Each applicant for enrollment, employment, or research funding at a public postsecondary education institution shall disclose, under penalty of perjury pursuant to Subsection E of this Section, either of the following:

(a) Current or former participation in a malign foreign talent recruitment program identified by the United States government.

(b) Current or former affiliation with an entity described in Paragraph (B)(2) of this Section.

(2) Disclosure requirements under this Section shall be applied uniformly to all applicants and shall not be based solely on citizenship, nationality, or country of origin.

D.(1) An institution shall conduct an individualized, risk-based assessment of any disclosed information under Subsection C of this Section.

(2) Enrollment, employment, or research opportunities shall be denied, conditioned, or terminated only if the institution determines, based on specific and articulable facts, that the disclosed information presents a credible risk of any of the following:

(a) Espionage or malign influence operations.

(b) Unlawful technology transfer in violation of export control laws.

(c) Compromise of research integrity.

(d) Violation of federal or state law.

(3) Mere past, incidental, or nominal membership in a political organization,includingtheChineseCommunistParty,shallnotsolelyconstitute sufficient grounds for denial, conditioning, or termination.

E.

An applicant who knowingly provides false or materially misleading Page 16 of 18 Coding:

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399 ENROLLED information in a disclosure required under this Section shall be subject to disciplinary action, up to and including denial or termination of enrollment, employment,orresearchparticipation, consistentwith institutional policy and applicable law.

The applicant will also be liable for committing the crime of perjury.

F.

All policies adopted pursuant to this Section shall be applied in a manner that comports with all of the following:

(1) Does not discriminate on the basis of race,ethnicity, national origin, or political affiliation.

(2) Is consistent with the Constitution and laws of the United States and this state.

(3)Incorporatesdueprocessprotections,including writtennoticeof the basis for any adverse action and a meaningful opportunity to respond prior to thedenialorterminationofenrollment,employment,orresearchopportunities, except where immediate action is required to comply with federal law or to address an imminent threat to public safety or national security.

For theft of trade secrets of twenty-five thousand dollars or more, the penaltyshallbeimprisonmentathardpenaltyshallbeimprisonmentathardlaborfornotlessthan laborfive fornotlessthanfiveyearsandnotyearsand not more than twenty-five years.

Page§1828.11. 15 of 20 Coding:

Severability If any provision of this Part, or the application of any provision to any personorcircumstance,isheldtobeinvalid, theremainder ofthisPartandthe application of its provisions to any other person or circumstance shall not be affected thereby.

§1828.12.

Existing policy Page 17 of 18 Coding:

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399 §1828.11.ENROLLED Any gift, contract, academic partnership, or research partnership in existence on January 1, 2027, may continue but shall not be renewed except through the process set forth in this Chapter.

Severability If any provision of this Part, or the application of any provision to any personorcircumstance,isheldtobeinvalid,theremainder of this Partandthe application of its provisions to any other person or circumstance shall not be affected thereby.

ThePRESIDENT originalOF instrumentTHE andSENATE theSPEAKER followingOF digest,THE whichHOUSE constitutesOF noREPRESENTATIVES partGOVERNOR ofOF theTHE legislativeSTATE instrument,OF wereLOUISIANA preparedAPPROVED: bySenate Legislative Services.

ThePage keyword,18 summary, and digest do not constitute part of the18 lawCoding: or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 399 Reengrossed 2026 Regular Session Bass Proposed law (R.S.

17:1828) will be referred to and may be cited as the "Research and Education Protection Act of 2026".

Proposed law (R.S.

17:1828.1) provides for the following definitions:

"Academic partnership";

"Affiliate organization";

"Agreement";

"Contract";

"Council";

"Director- support organization";

"Foreign adversary";

"Foreign agent";

"Foreign government";

"Foreign instrumentality";

"Foreign source";

"Gift";

"Grant";

"Institution of higher education";"Interest";"Obtainoruse";

"Partnership";

"Person";

"Pledge";

"Political party";

"Research partnership";

"Trade secret";

and "Traffic".

Proposedlaw(R.S.

17:1828.2)createsthe La.

Higher EducationResearchSecurityCouncil topromotesecureacademicresearchatinstitutions ofhighereducationwhilemitigatingthe risk of foreign espionage and interference;

and be composed of the followingmembers:

(1) The lieutenant governor, or his designee.

(2) The attorney general, or his designee.

(3) A representative from the Board of Regents.

(4) One research security officer appointed by the Board of Supervisors for the University of La.

System.

(5) One research securityofficer appointed by the Board of Supervisors of L.S.U.

(6) One research security officer appointed by the Board of Supervisors of Southern University.

(7) One research securityofficer appointed bythe Board of Supervisors of Community and Technical Colleges.

(8) One research security officer appointed by the Board of Directors of the La.

Association of Independent Colleges and Universities.

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words in boldface type and underscored are additions.

SLS 26RS-642 REENGROSSED SB NO.

399 (9) One additional research security officer appointed by each governing board of a university that oversees one or more medical schools.

(10) Three faculty members with research experience, one designated by the chief academicofficeroftheL.S.U.

System, onedesignated bythe chief academicofficer of the Universityof La.

System and one designated bythe chief academic officer of the Southern University System.

(11) The chairman of the House Select Committee on Homeland Security, or his designee.

(12) The chairman of the Senate Select Committee on Homeland Security, or his designee.

(13) The superintendent of the Louisiana State Police, or his designee.

(14) The chief information officer of the office of technology services, or his designee.

(15) The lead special agent of the Federal Bureau of Investigation, New Orleans Field Office, or his designee, shall be invited as a nonvoting ex officio member.

Proposed law provides that the council shall do the following:

(1) Develop or adopt a model research security policy for La.

institutions of higher education to improve research security.

(2) Develop, offer or otherwise provide an annual training program for institution of highereducation's researchsecurityofficersthatincludesbackgroundandacademic historychecksofresearchers,researchsecurityandintegritytools, andsoftwarethat must be used to prevent the loss of intellectual capital.

(3) Vetandreviewanygift,contractoracademicorresearchpartnershiptoaninstitution of higher education from a foreign adversary source.

(4) Subject to appropriation, engage an intelligence firm that specializes in identifying national security threats from foreign adversarysources.

(5) Not later than Jan.

31st of each even-numbered year, the council shall prepare and submit to the governor, the attorney general's office, and the Senate and House committees on education a report on the status of researchsecurityat institutions of higher education and anyassociated recommendations.

Proposed law (R.S.

17:1828.3) provides that any institution of higher education that is offered any gift, contract, or academic or research partnership from a foreign adversary source or foreign adversary nation must reject the proposed gift, contract, or partnership unless certain conditions are met.

Proposed law provides that, within 30 days of receiving a proposal for the gift, contract, academicorresearchpartnership,thecollegeoruniversityshallrequestanassessmentfrom federal law enforcement on potential national security risks, and after receiving the assessment, it shall be submitted to the La.

Higher Education Research Security Council along with the request for approval of the proposed gift, contract, academic, or research partnership.

The council shall have veto authority over such academic and research partnerships with a simple majority vote of all council members.

Proposed law requires the Board of Regents to maintain a public web portal that discloses proposedgifts,contracts,orpartnershipsfromforeignadversarysources,alongwiththefinal decision on whether to allow the institution to accept the gift.

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SLS 26RS-642 REENGROSSED SB NO.

399 Proposed law (R.S.

17:1828.4) provides that upon receiving a referralfrom an officer of an institution or sworn complaint, the attorney general must investigate an allegation of a violation;

andanyagentorcomplianceofficermayrequestrecordsrelevantto thesuspicion of a violation;

an entitymust provide the records within 10 days of request or later if agreed to.

Proposedlaw(R.S.17:1828.5)providesthataninstitutionmaynotparticipateinanycultural exchange agreement with a foreign source, or any entity controlled by foreign adversaries unlessitaddressesanoverwhelminglyunder-addressedstateornationalneedandavoidsthe following:

(1) Constraining the freedom of contract of such public entity.

(2) Allowing the curricula or values of a program in the state to be directed, controlled, or influenced by the foreign adversaries.

(3) Promoting an agenda detrimental to the safetyor securityof La., its residents, or the United States.

Proposed law provides that prior to any execution of a cultural exchange agreement with a foreignsource,theagreementmustbesharedwithafederallawenforcementagencyandthe La.

Higher Education Research Security Council.

If the federal agency or the council provides information that suggests the agreement is detrimental to the safety or security of La., the United States, or its residents, the institution cannot enter into the agreement.

ProposedlawprovidesthateachinstitutionmustsubmitinformationtotheBoardofRegents by Jan.

31st of each year and the Board of Regents must submit a report to the governor, president of the Senate, and the speaker of the House of Representatives relating to partnerships and agreements with foreign adversaries by December first of each year.

Proposed law includes required information that must be included in the report from the Board of Regents.

Proposed law (R.S.

17:1828.6) provides that, unless requested by a federal agency, the governor, the president of the Senate, or the speaker of the House of Representatives, an employee, researcher,or volunteer of an institution of higher education of the state maynot accept transportation or lodging in a country that is a foreign adversary or accept a gift or item of value from a person representing a foreign adversary for any purpose, including to pay for travel expenses or as reimbursement for the costs of attending a conference in a country that is a foreign adversary.

Proposed law provides that an employee or volunteer of an institution of higher education of this state must report to the La.

Higher Education Security Council any interaction, communication, or meeting the employee, researcher,or volunteer has with a person acting on behalf of a foreign adversary, not later than 30 days after the date of interaction.

Proposed law (R.S.

17:1828.7) provides that an institution must only enter into a new or renew an existing research partnership with an institution, business, or nonprofit located in a foreign adversaryifthe institution maintains sufficientstructural safeguards to protect the institution's intellectual property, the securityof La., and the nationalsecurityinterests.The La.

Higher Education Research Security Council must only approve an institution's partnership if the council determines it to meet the safeguard requirements that follow:

(1) Compliance with all federal requirements, including the requirements of federal research sponsors and federal export control agencies, including regulations regarding international traffic in arms and export administration regulations, and economic and trade sanctions administered bythe office of foreign assets control of the United States Department of the Treasury.

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Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-642 REENGROSSED SB NO.

399 (2) Annual formal institution level programs for faculty on conflicts of interest and conflicts of commitment.

(3) An overwhelming state interest to enter into the research or academic partnership.

(4) Therearenoalternativeinstitutionstoengagewithforasimilarresearchoracademic partnership.

(5) A formalized foreign visitor process and uniform visiting scholar agreement.

Proposed law (R.S.

17:1828.8) requires the Board of Regents in cooperation with the La.

office of technology services to do all of the following:

(1) Review of educationalsoftwareusedbyinstitutions ofhighereducationthatmaybe linked to foreign adversaries.

(2) Developaplantoeliminatetheusageofeducationalsoftwarefromforeignadversary countries in each of the respective systems.

(3) Promulgaterulesthatprohibitfuturecontractingwitheducationalsoftware-providing entities domiciled in, or owned bycompanies or other entities domiciled in, foreign adversary countries.

Proposedlaw(R.S.17:1828.9)providesthatthemanagingboardofeachinstitutionofhigher education must adopt the following policies:

(1) Nobranch,cell,subsidiary,oraffiliateorganizationoftheChineseCommunistParty shall be allowed to operate on or use any property of any institution of higher education in this state.

(2) No members of the Chinese Communist Party, People's Liberation Army, any Chineseintelligenceagency,oranyaffiliateorsubsidiarythereof,shall enrollinany La.institutionofhighereducationnorreceiveemploymentorresearchopportunities in any La.

institution of higher education.

Proposed law provides that a student, academic or researcher, who matriculates from the People's Republic of China must sign an affidavit to certifythatthe student is not a member oftheChineseCommunistPart,People'sLiberationArmy,andChineseintelligenceagency, or any affiliate or subsidiary thereof.

Proposed law (R.S.

17:1828.10) provides that anytheft of a trade secret or trafficking there of from an institution on behalf of a foreign source will be charged as a crime under the criminal code (R.S.

14:67) with a penalty one classification level higher than theft of equal value covered under the criminal code (R.S.

14:67).

For theft of trade secrets of $25,000 or more, the penaltywill be imprisonment at hard labor for not less than 5 years and not more than 25 years.

Proposed law (R.S.

17:1828.11) provides that if any provision or application of any provision is held to be invalid, the remainder of proposed law and the application of its provisions will not be affected.

Effective January 1, 2027.

(Adds R.S.

17:1828-1828.11) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Education to the Page 19 of 20 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-642 REENGROSSED SB NO.

399 original bill 1.

Adds additional members to the La.

Higher Education Research Security Council.

2.

Changes reporting deadlines.

3.

Requires the office of technology services to assist the Bd.

of Regents.

4.

Removes administrative fines and civil penalties.

Senate Floor Amendments to engrossed bill 1.

Makes technical changes.

2.

Clarifies language to correctthe names of certain departments and agencies.

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