§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
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§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.