(9) "Foreign government" shall mean the government of any country, nation,orgroupofnations,oranyprovinceorotherpoliticalsubdivisionofany country or nation, other than the government of the United States, including any agent of such foreign government.

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399 ENROLLED (10)"Foreigninstrumentality"shallmeananyagency,bureau,ministry, component, institution, association, or any legal, commercial, or business organization,corporation,firm,orentitythatissubstantiallyowned,controlled, sponsored, commanded, managed, or dominated by a foreign government.

(11) "Foreign source" shall mean any of the following:

(a) A foreign government or an agency of a foreign government.

(b) A legal entity, governmental or otherwise, created solely under the laws of a foreign state or states.

(c) An individual who is not a citizen or a national of the United States or a territory or protectorate ofthe United States.

(d) A partnership, association, corporation, organization, or any other combination of persons organized under the law or having its principal place of business in a foreign country, or a subsidiary of such entity.

(e) An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on behalf of a foreign source.

(f) A political party or member of a political party.

(12) "Gift" shall mean any gift, grant, endowment, award, or donation of money or thing of economic value, or any combination thereof, including a conditional or unconditional pledge of such gift, endowment, award, or donation.

(13) "Grant" shall mean a transfer of money for a specified purpose, including a conditional gift.

(14) "Institution of higher education" shall mean a state college or university or an independent nonprofit college or university that is located in and chartered by the state and grants baccalaureate or higher degrees, or any other institution that has a physical presence in the state and is required to report foreign gifts or contracts pursuant to 20 U.S.C.

1011f, or an affiliate organization to a covered institution.

(15)"Interest"in an entity shall mean any direct orindirectinvestment in or loan to the entity valued at five percent or more of the entity's net worth, Page 3 of 18 Coding:

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399 ENROLLED or any form of direct or indirect control exerting similar or greater influence on the governance of the entity.

(16) "Obtain or use" shall mean any manner of:

(a) Taking or exercising control over property.

(b) Making any unauthorized use, disposition, or transfer of property.

(c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise.

(d) Conduct previously known as stealing, larceny, purloining, abstracting, embezzlement, misapplication, misappropriation, conversion, or obtaining money or property by false pretenses, fraud, or deception;

or other conduct similar in nature.

(17) "Partnership" shall mean a faculty or student exchange program, a study abroad program, a matriculation program, a recruiting program, or a dual degree program.

(18) "Person" shall mean any natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(19) "Pledge" shall mean a promise, an agreement, or an expressed intention to give a gift.

(20) "Political party" shall mean an organization or combination of individuals whose aim or purpose is, or who is engaged in any activity devoted inwholeorinpartto,theestablishment,administration,control,oracquisition of administration or control of a government of a foreign country or a subdivision thereof.

(21) "Research partnership" shall mean a collaborative agreement between a Louisiana institution of higher education and another institution of higher education, research institute, government agency, nonprofit organization, or private sector company.

(22)"Tradesecret"shall meanthewholeoranyportionorphaseofany formula,pattern,device,combinationofdevices,orcompilationofinformation Page 4 of 18 Coding:

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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.

The term shall include any scientific, technical, or commercial information, including financial information.

It also includes any design, process, procedure, list of suppliers, list of customers, business code, or improvement thereof, whether tangible or intangible, and regardless of how it is stored, compiled, or memorialized physically, electronically, graphically, photographically,orinwriting.Irrespectiveofnovelty,invention,patentability, the state of the prior art, and the level of skill in the business, art, or field to which the subject matter pertains;

a trade secret is considered to be:

(a) Secret.

(b) Of value.

(c) For use or in use by a business, institution of higher education, research center, nonprofit, or other entity.

(d) Of advantage to the business, institution of higher education, research center, nonprofit, or other entity;

or providing an opportunity to obtain an advantage over those who do not know or use it.

(e) When the owner takes measures to prevent it from becoming available to persons other than those selected by the owner to have access for limited purposes.

(23) "Traffic" shall mean:

(a) To sell, transfer, distribute, dispense, or otherwise dispose of property.

(b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property.

(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:

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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.

§1828.2.

Louisiana Higher Education Research Security Council;

creation;

powers A.TheLouisianaHigherEducationResearchSecurityCouncilishereby established for the purpose of promoting secure academic research at institutions of higher education while mitigating the risk of foreign espionage and interference.

B.

The council shall be composed of the following members:

(1) The lieutenant governor, or his designee.

(2) The attorney general, or his designee.

(3) A representative from the Board of Regents.

(4)One researchsecurityofficerappointed by theBoard of Supervisors for the University of Louisiana System.

(5)One researchsecurityofficerappointed by theBoard of Supervisors of Louisiana State University and Agricultural and Mechanical College.

(6)One researchsecurityofficerappointed by theBoard of Supervisors of Southern University and Agricultural and Mechanical College.

(7)One researchsecurityofficerappointed by theBoard of Supervisors of Community and Technical Colleges.

(8) One researchsecurityofficerappointed by theBoardof Directorsof the Louisiana Association of Independent 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:

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399 ENROLLED designated by the chief academic officer of theUniversityof Louisiana System, and one designated by the 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 officeof technologyservices,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.

(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.

C.

The council member appointed by the Board of Regents shall serve as the chairman of the council.

The Board of Regents shall provide staff to the council.

D.

The council shall meet at least quarterly, but may meet more often upon the call of the presiding officer, who shall call a meeting upon the request ofamajorityofthemembers.Membersofthecouncilshallserveatthepleasure of the appointing authority and vacancies shall be filled in the manner of the original appointment.

E.

The council shall:

(1) Develop or adopt a model research security policy for Louisiana institutions of higher 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:

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399 ENROLLED background and academichistorychecksofresearchers,researchsecurityand integritytools,andsoftwarethatmustbeusedtopreventthelossofintellectual capital.

(3) Vet and review any gift, contract, or academic or research partnership to an institution of higher education from a foreign adversary source.

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

(4)Subjecttoappropriation,engageanintelligencefirmthatspecializes in identifying national security threats from foreign adversary sources.

(5) Not later than January thirty-first 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 research security at institutions of higher education and any associated recommendations.

§1828.3.Approvalrequirementsforgifts,contracts,researchpartnerships,and academic partnerships from foreign adversaries A.

Any institution of higher education that is offered directly or indirectlyanygift,contract,oracademicorresearchpartnershipwithanyvalue from a foreign adversary source shall reject such proposed gift, contract, or academicorresearchpartnershipunlessthefollowingconditionsaremetbythe institution of higher education:

(1) Within thirty days of receiving a proposal for the gift, contract, academic or research partnership, the institution shall request an assessment from federal law enforcement on potential national security risks, and after receiving the assessment, it shall be submitted to the Louisiana Higher EducationResearchSecurityCouncilalongwiththerequestforapprovalofthe proposed gift, contract, academic, or research partnership.

The council shall havevetoauthorityoversuchacademicandresearchpartnershipswithasimple majority vote of all council members.

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399 ENROLLED (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.

(3)ForpurposesofthisSection,agift,contract,oracademicorresearch partnershipreceivedfromaforeignadversarysourcethroughanintermediary shallbeconsideredanindirectgift,contract,orpartnershipwiththeinstitution of higher education, and is subject to the approval process described in this Section.

(4) Upon the request of the governor, the president of the Senate, or the speaker of the House of Representatives, the legislative auditor, as applicable, must inspect or audit a gift, contract, or academic or research partnership.

B.Aninstitutionofhighereducationoremployeethereofshallnotenter intoanycontract,academicpartnership,orresearchpartnershipwithaforeign adversary source for any project that is funded in whole or in part by the United States Department of War, United States Department of Energy, or United States Department of Health and Human Services.

C.Aninstitutionofhighereducationoremployeethereofshallnotenter intoanycontract,academicpartnership,orresearchpartnershipwithaforeign adversary source with known links to the foreign adversary's military or intelligence apparatus.

D.Allinstitutions ofhighereducationshallincludeintheiremployment policies a prohibition on their faculty or employees taking part in any foreign recruitment program by a foreign adversary nation.

§1828.4.

Enforcement;

penalties;

rewards A.

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

B.Anyagentorcomplianceofficerauthorizedbyaninstitutionofhigher Page 9 of 18 Coding:

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399 ENROLLED education may request records relevant to any reasonable suspicion of a violation of this Part.

An institution of higher education shall provide the required recordswithin ten days after such request or later as agreed to by the entity investigating the institution of higher education.

C.

Failure to make a disclosure required under this Part or failure to provide recordsrequestedunderSubsectionBof this Sectionconstitutesacivil violation punishable upon a final administrative finding.

D.

A final order determining a violation by an institution of higher educationmustincludeadeterminationoftheidentityoftheofficerresponsible for acceptance of the undisclosed gifts or contracts, or entrance into the undisclosed academic or research partnership.

Such order shall 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.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.

E.

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

The reward may be paid through an intermediate attorney or trustee designated by the whistleblower.

F.

The council may adopt policies, as applicable, to implement this Section.

Institutions of higher education shall be in compliance with such policies.

§1828.5.

International cultural exchange agreements and student associations A.Aninstitutionofhighereducationmaynotparticipateinanycultural Page 10 of 18 Coding:

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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:

(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 safety or security of Louisiana, its residents, or the United States.

B.

Prior to the execution of any cultural exchange agreement with a foreign source from a foreign adversary, the substance of the agreement shall besharedwithafederallawenforcementagency.Ifthefederalagencyprovides informationsuggestingthatsuchanagreementpromotesanagendadetrimental to the safety or security of Louisiana, the United States, or its residents, the institution of higher education may not enter into the agreement.

C.

Prior to the execution of any cultural exchange agreement with a foreign source from a foreign adversary, the substance of the agreement shall be shared with the Louisiana Higher Education Research Security Council.

If the council provides information suggesting that such an agreement promotes an agenda detrimental to the safety or security of Louisiana, the United States, or its residents, the institution of higher education may not enter into the agreement.

D.

Each institution of higher education shall submit the information required in this Section to the Board of Regents by July first of each year.

E.

By January thirty-first of each year, the Board of Regents shall submita reporttothegovernor,the president of the Senate, and thespeakerof the House of Representatives relating to partnerships and agreements of institutions 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 ENROLLED contractbetweenaninstitutionofhighereducationandanycollege,university, or entity that is based in or controlled by a foreign adversary.

(2) Data reflecting any office, campus, or physical location used or maintained by an institution of higher education in a foreign adversary.

(3)Thedateonwhichanysuchgrantprogram,agreement,partnership, or contract reported pursuant to this Section is expected to terminate.

F.

No student or scholar association affiliated with any institution of highereducationmayacceptanygiftorgrantfromaforeignsourceofaforeign adversary or enter into any contract or agreement with a foreign source of a foreign adversary, or be directed or controlled by the government of a foreign adversary or any agent thereof.

(1) Any violation of this Section shall result in the institution of higher education ending any affiliation with the student or scholar association.

(2) For purposes of this Subsection, member dues or fees shall not be considered a gift or grant from a foreign source of a foreign adversary.

G.

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

§1828.6.

Foreign travel and gifts;

prohibition A.

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 this state may not:

(1) Accept 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 the 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 ENROLLED 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.

B.

An employeeorvolunteerofaninstitutionof higher education of this stateshallreporttotheLouisianaHigherEducationResearchSecurityCouncil, intheformandmannerthecouncilrequires,eachinteraction,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.

The legislative auditor shall make available a report under this Subsection to the attorney general and the Department of Public Safety and Corrections on request.

§1828.7.

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, 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.

The safeguard requirements shall include but not be limited to the following:

(1) Compliance with all federal requirements, including the requirementsof federalresearchsponsors and federal export control agencies, including regulations regarding international traffic in arms and export administration regulations, andeconomicandtradesanctionsadministeredby 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.

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399 ENROLLED (3)Anoverwhelmingstateinteresttoenterintotheresearchoracademic partnership.

(4) There are no alternative institutions to engage with for a similar research or academic partnership.

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

B.

The Louisiana Higher Education Research Security Council shall havefulldiscretiontorejectorterminateany researchpartnership betweenan institution of higher education and an academic or researchinstitution located in a foreign adversary.

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.

C.TheBoardofRegents,inconsultationwiththeofficeofthegovernor, shall create a research and cultural exchange policy which shall prioritize research partnerships and academic exchange agreements with America's military treaty allies, Israel, and the Republic of China (Taiwan).

§1828.8.

Foreign educational software A.

The Board of Regents, in conjunction with the office of technology services, shall conduct a thorough review of all educational software used by institutions of higher education that may be linked to foreign adversaries.

The Board of Regents, in conjunction with the office of technology services, shall develop a plan to eliminate the usage of educational software from foreign adversary countries, as defined in 15 CFR 791.4, in each of the respective systems.

B.

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 ENROLLED systems.

C.

Protection of higher education from foreign adversary influence A.ThemanagementboardforeachpublicinstitutionofhighereducationA. in this state shall adopt and implement policies consistent with this Section to safeguard institutional integrity, research security, and compliance with applicable federal law.

The management board for each public institution of higher education in this state shall adopt and implement policies consistent with this Section to safeguard institutional integrity, research security, and compliance with applicable federal law.

(c) Entities formally designated by the United States Department of State, Department of Commerce, or Department of Defense, pursuant to Pagepublicly 15issued ofdeterminations, 18as Coding:participating in a military-civil fusion program or malign foreign talent recruitment program.

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

(b)Page Current2 or former affiliation with an entity described in Paragraph (B)(2) of this3 Section.CODING:

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HFASB399 3391 4925 (b) Currentorformeraffiliation with an entitydescribed in Paragraph (B)(2) of this Section.

(2) Enrollment,Enrollment,employment, employment,orresearchopportunities or research opportunities shall bebedenied, 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:

An applicant who knowingly provides false orormateriallymisleading materiallyinformation misleadingin Pagea 16disclosure required under this Section shall be subject to disciplinary action, up to and including denial or termination of 18enrollment, Coding:employment,orresearchparticipation, consistentwith institutional policy and applicable law.

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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.

(1) DoesDoesnot notdiscriminateon discriminatethebasis on the basis of race,ethnicity,race,ethnicity,nationalorigin, national origin, or political affiliation.

(2) IsIsconsistentwith consistenttheConstitution with the Constitution and lawslawsoftheUnitedStatesand of the United States and this state.

(3)Incorporatesdueprocessprotections,including(3) writtennoticeofIncorporatesdueprocessprotections,includingwrittennoticeofthe 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.security." AMENDMENT NO.

§1828.10.9 On page 16, between lines 5 and 6, insert the following:

Theft"§1828.12. of trade secrets Any theft of trade secrets or trafficking thereof from a Louisiana institution of higher education on behalf of a foreign source of a foreign adversary nation shall be charged as a crime under R.S.

14:67Existing withpolicy aAny penaltygift, onecontract, classificationacademic levelpartnership, higheror thanresearch theftpartnership ofin equalexistence valueon coveredJanuary under1, R.S.2027, may continue but shall not be renewed except through the process set forth in this Chapter." Page 3 of 3 CODING:

14:67.Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

For theft of trade secrets of twenty-five thousand dollars or more, the penaltyshallbeimprisonmentathardlaborfornotlessthan five yearsand not more than twenty-five years.

§1828.11.

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 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.

Section 2.

This Act shall become effective on January 1, 2027.

If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval by the legislature or January 1, 2027, whichever is later.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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