Florida Senate - 2021 CS for SB 2010 By the Committee on Education; and Senator Diaz 581-03563A-21 20212010c1 1 A bill to be entitled 2 An act relating to foreign influence; creating s. 3 286.101, F.S.; providing definitions; requiring any 4 state agency or political subdivision to disclose 5 certain gifts or grants received from any foreign 6 source to the Department of Financial Services within 7 a specified timeframe; providing an exception; 8 requiring any entity that applies for a certain grant 9 or proposes a certain contract to disclose to a state 10 agency or political subdivision any current or prior 11 interest of, contract with, or grant or gift received 12 from a foreign country of concern under certain 13 circumstances; specifying information to be included 14 in the disclosure; requiring such entity to provide a 15 copy of such disclosure to the department within a 16 specified timeframe before applying for any grant or 17 proposing any contract; requiring such entity to 18 revise its disclosure within a specified timeframe 19 under certain circumstances; providing exceptions to 20 disclosure requirements; requiring the Department of 21 Management Services to screen certain vendors 22 periodically; requiring certain notification on the 23 online procurement system; requiring the Department of 24 Financial Services to establish and maintain an 25 Internet website to publish the disclosures; 26 authorizing the department to establish an online 27 system for making such disclosures; authorizing the 28 Department of Management Services to coordinate with 29 the Department of Financial Services to establish such 30 online system; requiring the Department of Financial 31 Services to investigate allegations of certain 32 violations under certain circumstances; authorizing 33 the department or specified persons to request certain 34 records; providing for the assessment of fines and 35 penalties under certain circumstances; requiring the 36 department to include and maintain a list of 37 ineligible entities on a certain Internet website; 38 providing that certain information and records 39 relating to a gift or grant from a foreign source are 40 not confidential or exempt from public records 41 requirements; providing exceptions; authorizing 42 rulemaking; creating s. 288.860, F.S.; providing 43 definitions; prohibiting certain agencies and entities 44 from participating in agreements with or accepting 45 grants received from foreign countries of concern 46 under certain circumstances; prohibiting such agencies 47 and entities from accepting anything of value as a 48 condition for participation in certain programs or 49 endeavors that promote the language or culture of 50 foreign countries of concern; creating s. 1010.25, 51 F.S.; providing definitions; requiring institutions of 52 higher education to semiannually report to certain 53 entities regarding certain gifts they received 54 directly or indirectly from a foreign source; 55 authorizing the report to be consolidated with 56 affiliate organizations; requiring such institutions 57 to provide certain information regarding such gifts; 58 requiring random inspections or audits of gifts or 59 gift agreements by certain inspectors general; 60 providing requirements for such inspections or audits; 61 requiring the Board of Governors or State Board of 62 Education, as applicable, to sanction institutions 63 that fail to report certain gifts within a specified 64 timeframe; providing for a civil penalty for willful 65 violations; requiring that the proceeds from such 66 penalty be deposited in a specified fund; providing a 67 lesser civil penalty under specified conditions; 68 authorizing the Attorney General or Chief Financial 69 Officer to bring a civil action under certain 70 circumstances; providing for attorney fees and costs; 71 providing that certain information and records 72 relating to a gift from a foreign source are not 73 confidential or exempt from public records 74 requirements; providing exceptions; authorizing the 75 Board of Governors and State Board of Education to 76 adopt regulations and rules, respectively; creating s. 77 1010.35, F.S.; requiring certain state universities 78 and other entities to screen certain foreign 79 applicants seeking employment in specified research 80 positions; requiring such applicants to provide 81 additional specified information as part of the 82 application process; requiring screening to be 83 completed before an interview or offer of employment; 84 requiring the president or chief administrative 85 officer of the state university or entity to designate 86 a research integrity office to verify certain 87 information contained in such applications, search 88 certain public databases, and submit certain 89 information to specified federal agencies; specifying 90 the conditions under which a university may approve a 91 hire based on a risk-based determination; prohibiting 92 the employment of an applicant who fails to make 93 certain disclosures; providing an exception; requiring 94 certain records to be maintained by the research 95 integrity office; requiring such office to report the 96 identity of any applicant who was rejected for 97 employment to certain law enforcement agencies; 98 requiring certain inspectors general or the Auditor 99 General to perform an operational audit by a specified 100 date; creating s. 1010.36, F.S.; requiring certain 101 state universities and other entities to establish an 102 international travel approval and monitoring program; 103 providing requirements for such program; providing 104 requirements for preapproval and screening for foreign 105 travel and foreign employment-related activities 106 engaged in by faculty, researchers, and research 107 department staff; requiring state universities and 108 entities to maintain certain records relating to 109 foreign travel and activities for at least 3 years; 110 requiring a state university or entity to provide a 111 certain annual report to the Board of Governors or the 112 governing board of the applicable entity; requiring a 113 specified entity to conduct an operational audit of 114 institutions by a specified date; providing an 115 effective date. 116 117 Be It Enacted by the Legislature of the State of Florida: 118 119 Section 1. Section 286.101, Florida Statutes, is created to 120 read: 121 286.101 Foreign gifts and contracts.— 122 (1) As used in this section, the term: 123 (a) “Contract” means any agreement for the direct benefit 124 or use of any party to such agreement, including an agreement 125 for the sale of commodities or services. 126 (b) “Foreign country of concern” means the People’s 127 Republic of China, the Russian Federation, the Islamic Republic 128 of Iran, the Democratic People’s Republic of Korea, the Republic 129 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 130 Arab Republic, including any agency of or any other entity under 131 significant control of such foreign country of concern. 132 (c) “Foreign government” means the government of any 133 country, nation, or group of nations, or any province or other 134 political subdivision of any country or nation, other than the 135 government of the United States or the government of a state or 136 political subdivision, including any agent of such foreign 137 government. 138 (d) “Foreign source” means any of the following: 139 1. A foreign government or an agency of a foreign 140 government. 141 2. A legal entity, governmental or otherwise, created 142 solely under the laws of a foreign state or states. 143 3. An individual who is not a citizen or a national of the 144 United States or a territory or protectorate of the United 145 States. 146 4. An agent, including a subsidiary or an affiliate of a 147 foreign legal entity, acting on behalf of a foreign source. 148 (e) “Gift” means any transfer of money or property from one 149 entity to another without compensation. 150 (f) “Grant” means a transfer of money for a specified 151 purpose, including a conditional gift. 152 (g) “Interest” in an entity means any direct or indirect 153 investment in or loan to the entity valued at 5 percent or more 154 of the entity’s net worth or any form of direct or indirect 155 control exerting similar or greater influence on the governance 156 of the entity. 157 (h) “State agency” means any agency or unit of state 158 government created or established by law. 159 (2) Any state agency or political subdivision that receives 160 directly or indirectly any gift or grant with a value of $50,000 161 or more from any foreign source shall disclose such gift or 162 grant to the Department of Financial Services within 30 days 163 after receiving such gift or grant. Such disclosure shall 164 include the date of the gift or grant, the amount of the gift or 165 grant and the name and country of residence or domicile of the 166 foreign source. Disclosure is not required if such gift or grant 167 is disclosed under s. 1010.25. 168 (3)(a) Any entity that applies to a state agency or 169 political subdivision for a grant or proposes a contract having 170 a value of $100,000 or more shall disclose to the state agency 171 or political subdivision any current or prior interest of, any 172 contract with, or any grant or gift received from a foreign 173 country of concern if such interest, contract, or grant or gift 174 has a value of $50,000 or more and such interest existed at any 175 time or such contract or grant or gift was received or in force 176 at any time during the previous 5 years. Such disclosure shall 177 include the name and mailing address of the disclosing entity, 178 the amount of the contract, grant or gift or the value of the 179 interest disclosed, the applicable foreign country of concern 180 and, if applicable, the date of termination of the contract or 181 interest, the date of receipt of the grant or gift, and the name 182 of the agent or controlled entity that is the source or interest 183 holder. Within 1 year before applying for any grant or proposing 184 any contract, such entity must provide a copy of such disclosure 185 to the Department of Financial Services. 186 (b) Disclosure under this subsection is not required with 187 respect to: 188 1. A proposal to sell commodities through the online 189 procurement program established pursuant to s. 287.057(22); 190 2. An application or proposal from an entity that discloses 191 foreign gifts or grants under subsection (2) or s. 1010.25; 192 3. An application or proposal from a foreign source that, 193 if granted or accepted, would be disclosed under subsection (2) 194 or s. 1010.25; or 195 4. An application or proposal from a public or not-for 196 profit research institution with respect to research funded by 197 any federal agency. 198 (c) A disclosure published online pursuant to subsection 199 (5) is deemed disclosed to every state agency and political 200 subdivision for purposes of paragraph (a). From the time a 201 disclosure is made under paragraph (a) through the term of any 202 awarded state grant or contract, the entity must revise its 203 disclosure within 30 days after entering into a contract with or 204 receiving a grant or gift from a foreign country of concern or 205 within 30 days after the acquisition of any interest in the 206 entity by a foreign country of concern. 207 (4) At least once every 5 years, the Department of 208 Management Services shall screen each vendor of commodities 209 participating in the online procurement system if such vendor 210 has the capacity to fill an order of $100,000 or more. Screening 211 must be conducted through federal agencies responsible for 212 identifying persons and organizations subject to trade 213 sanctions, embargoes, or other restrictions under federal law. 214 If a vendor is identified as being subject to any such 215 sanctions, embargoes, or other restrictions, the vendor must 216 make the disclosures required under subsection (3) until such 217 restriction expires. A notification regarding the applicability 218 of the disclosure requirement in subsection (3) to the vendor 219 must be included on the online procurement system when 220 applicable. The Department of Management Services must ensure 221 that purchasers through the online procurement system may easily 222 access all disclosures made by vendors participating in the 223 system. 224 (5) The Department of Financial Services must establish and 225 maintain an Internet website to publish the disclosures required 226 under this section. The Department of Financial Services may 227 establish an online system for making such disclosures. The 228 Department of Management Services may coordinate with the 229 Department of Financial Services to establish the online system. 230 (6)(a) Upon receiving a referral from an inspector general 231 or other compliance officer of a state agency or political 232 subdivision or any sworn complaint based upon substantive 233 information and reasonable belief, the Department of Financial 234 Services must investigate an allegation of a violation of this 235 section. 236 (b) The Department of Financial Services, an inspector 237 general, or any other agent or compliance officer authorized by 238 a state agency or political subdivision may request records 239 relevant to any reasonable suspicion of a violation of this 240 section. An entity must provide the required records within 30 241 days after such request or at a later time agreed to by the 242 investigating state agency or political subdivision. 243 (7)(a) Failure to make a disclosure required under this 244 section or failure to provide records requested under paragraph 245 (6)(b) constitutes a civil violation punishable upon a final 246 order of the Department of Financial Services by an 247 administrative fine of $5,000 for a first violation or $10,000 248 for any subsequent violation. 249 (b) In addition to any fine assessed under paragraph (a), a 250 final order determining a third or subsequent violation by a 251 state agency or political subdivision must include a 252 determination of the identity of the officer responsible for 253 acceptance of the undisclosed grant or gift. Such order must 254 also include a referral by the Department of Financial Services 255 to the Governor or other officer authorized to suspend or remove 256 the officer responsible for acceptance of the undisclosed grant 257 or gift from public office. A copy of such referral must be 258 provided to the President of the Senate and the Speaker of the 259 House of Representatives for oversight of such suspension and 260 removal authority. 261 (c) In addition to any fine assessed under paragraph (a), a 262 final order determining a third or subsequent violation by an 263 entity other than a state agency or political subdivision shall 264 automatically disqualify the entity from eligibility for any 265 grant or contract funded by a state agency or any political 266 subdivision until such ineligibility is lifted by the 267 Administration Commission for good cause. The Department of 268 Financial Services shall include and maintain an active and 269 current list of such ineligible entities on the Internet website 270 maintained under subsection (5). 271 (8) Except as provided in s. 1004.22(2), or information 272 protected by any statute that is a trade secret as defined in s. 273 812.081(1)(c) or s. 688.002(4), information and records relating 274 to a gift or grant from a foreign source are not confidential or 275 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 276 Constitution. 277 (9)(a) The Department of Management Services may adopt 278 rules necessary to carry out its responsibilities under this 279 section. The rules may identify the federal agencies to be 280 consulted under subsection (4) and the procedure for notifying a 281 vendor of the disclosure requirements under this section when 282 applicable. The Department of Management Services may also adopt 283 rules providing for the application of this section to the 284 online procurement system. 285 (b) The Department of Financial Services may adopt rules 286 necessary to carry out its responsibilities under this section. 287 (c) Any rules necessary to implement this section must be 288 published by December 31, 2021, unless the applicable department 289 head certifies in writing that a delay is necessary and the date 290 by which the proposed rules will be published. Such 291 certification must be published in the Florida Administrative 292 Register and a copy provided to the Joint Administrative 293 Procedures Committee. 294 Section 2. Section 288.860, Florida Statutes, is created to 295 read: 296 288.860 International cultural agreements.— 297 (1) As used in this section, the term: 298 (a) “Foreign country of concern” means the People’s 299 Republic of China, the Russian Federation, the Islamic Republic 300 of Iran, the Democratic People’s Republic of Korea, the Republic 301 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 302 Arab Republic, including any agency of or any other entity under 303 significant control of such foreign country of concern. 304 (b) “Political subdivision” includes any entity under the 305 control of or established for the benefit of a political 306 subdivision. 307 (c) “Public school” means any education institution under 308 the supervision of a school district and any entity under the 309 control of or established for the benefit of a public school or 310 school district. 311 (d) “State agency” means any agency or unit of state 312 government created or established by law and any entity under 313 the control of or established for the benefit of a state agency. 314 (e) “State college” means any postsecondary education 315 institution under the supervision of the State Board of 316 Education, including any entity under the control of or 317 established for the benefit of a state college. 318 (f) “State university” means any state university under the 319 supervision of the Board of Governors, including any entity 320 under the control of or established for the benefit of a state 321 university. 322 (2) A state agency, political subdivision, public school, 323 state college, or state university authorized to expend state 324 appropriated funds or levy ad valorem taxes may not participate 325 in any agreement with or accept any grant from a foreign country 326 of concern, or any entity controlled by a foreign country of 327 concern, which establishes a program or other endeavor to 328 promote the language or culture of a foreign country of concern. 329 (3) A state agency, political subdivision, public school, 330 state college, or state university may not accept anything of 331 value conditioned upon participation in a program or other 332 endeavor to promote the language or culture of a foreign country 333 of concern. 334 Section 3. Section 1010.25, Florida Statutes, is created to 335 read: 336 1010.25 Foreign gift reporting.— 337 (1) As used in this section, the term: 338 (a) “Affiliate organization” means any entity under the 339 control of or established for the benefit of an organization 340 required to report under this section, including a direct 341 support organization. 342 (b) “Contract” means any agreement for the acquisition by 343 purchase, lease, or barter of property or services by the 344 foreign source, for the direct benefit or use of either of the 345 parties, and any purchase, lease or barter of property or 346 services from a foreign country of concern as defined in s. 347 286.101(1)(b). 348 (c) “Direct-support organization” has the same meaning as 349 provided in ss. 1004.28(1)(a), 1004.70(1)(a), and 1004.71(1)(a). 350 (d) “Foreign government” means the government of any 351 country, nation, or group of nations, or any province or other 352 political subdivision of any country or nation, other than the 353 government of the United States or the government of a state or 354 political subdivision, including any agent of such foreign 355 government. 356 (e) “Foreign source” means any of the following: 357 1. A foreign government or an agency of a foreign 358 government. 359 2. A legal entity, governmental or otherwise, created 360 solely under the laws of a foreign state or states. 361 3. An individual who is not a citizen or a national of the 362 United States or a territory or protectorate of the United 363 States. 364 4. An agent, including a subsidiary or an affiliate of a 365 foreign legal entity, acting on behalf of a foreign source. 366 (f) “Gift” means any contract, gift, grant, endowment, 367 award, or donation of money or property of any kind, or any 368 combination thereof, including a conditional or an unconditional 369 pledge of such contract, gift, grant, endowment, award, or 370 donation. For purposes of this paragraph, the term “pledge” 371 means a promise, an agreement, or an expressed intention to give 372 a gift. 373 (g) “Institution of higher education” means a state 374 university, an entity listed in subpart B of part II of chapter 375 1004 that has its own governing board, a Florida College System 376 institution, an independent nonprofit college or university that 377 is located in and chartered by the state and grants 378 baccalaureate or higher degrees, any other institution that has 379 a physical presence in the state and is required to report 380 foreign gifts or contracts pursuant to 20 U.S.C. s. 1011f, or an 381 affiliate organization of an institution of higher education. 382 (2) Each institution of higher education must semiannually 383 report, each January 31 and July 31, any gift received directly 384 or indirectly from a foreign source with a value of $50,000 or 385 more during the fiscal year. If a foreign source provides more 386 than one gift directly or indirectly to an institution of higher 387 education in a single fiscal year and the total value of those 388 gifts is $50,000 or more, all gifts received from that foreign 389 source must be reported. For purposes of this subsection, a gift 390 received from a foreign source through an intermediary shall be 391 considered an indirect gift to the institution of higher 392 education. An institution of higher education may consolidate 393 its report with that of all its affiliate organizations. A 394 report required under this subsection must be made to the 395 following entities: 396 (a) The Board of Governors, if the recipient is a state 397 university, an entity listed in subpart B of part II of chapter 398 1004 that has its own governing board, or an affiliate 399 organization of such university or entity. 400 (b) Unless already reported to the Board of Governors 401 pursuant to paragraph (a), the State Board of Education, if the 402 recipient is any other institution of higher education or an 403 affiliate organization of such institution. 404 (3) For each gift subject to the reporting requirement in 405 subsection (2), the report of the institution of higher 406 education must provide all of the following information, unless 407 otherwise prohibited or deemed confidential under federal law 408 having no exemption applicable to such reporting: 409 (a) The amount of the gift and the date it was received. 410 (b) The contract start and end date if the gift is a 411 contract. 412 (c) The name of the foreign source and, if not a foreign 413 government, the country of citizenship, if known, and the 414 country of principal residence or domicile of the foreign 415 source. 416 (d)1. A copy of a gift agreement between the foreign source 417 and the institution of higher education, signed by the foreign 418 source and the chief administrative officer of the institution 419 of higher education, or their respective designees, which must 420 include a detailed description of the purpose for which the gift 421 will be used by the institution of higher education, the 422 identification of the persons for whom the gift is explicitly 423 intended to benefit, and any applicable conditions, 424 requirements, restrictions, or terms made a part of the gift 425 regarding the control of curricula, faculty, student admissions, 426 student fees, or contingencies placed upon the institution of 427 higher education to take a specific public position or to award 428 an honorary degree. With respect to an agreement containing 429 information protected from disclosure under s. 1004.22(2), an 430 abstract and redacted copy providing all required information 431 that is not so protected may be submitted in lieu of a copy of 432 the agreement. 433 2. Beginning July 1, 2022, the Inspector General of the 434 Board of Governors or the Inspector General of the Department of 435 Education, as applicable, shall, within existing resources, 436 randomly inspect or audit at least 10 percent of the total 437 number of gifts or gift agreements received from institutions of 438 higher education pursuant to this paragraph during the previous 439 year. The inspection or audit shall examine the extent to which 440 the institution of higher education exercised due diligence with 441 respect to whether the gift was received from a foreign source, 442 as well as the institution of higher education’s compliance with 443 the requirements of this section. 444 3. Upon the request of the Governor, the President of the 445 Senate, or the Speaker of the House of Representatives, the 446 Inspector General of the Board of Governors or the Inspector 447 General of the Department of Education, as applicable, must 448 inspect or audit a gift or gift agreement. 449 (4) The State Board of Education or the Board of Governors, 450 as applicable, shall exercise the authority provided pursuant to 451 s. 1008.32 or s. 1008.322, respectively, to sanction an 452 institution of higher education that fails to report a 453 reportable gift within 60 days after the reporting deadlines 454 established in subsection (2). 455 (5)(a) An institution of higher education that knowingly, 456 willfully, or negligently fails to disclose the information 457 required by this section shall be subject to a civil penalty of 458 105 percent of the amount of the undisclosed gift, payable only 459 from nonstate funds of the institution of higher education or 460 the affiliate organization that received such gift. The 461 recovered funds must be deposited into the General Revenue Fund. 462 The Board of Governors and the State Board of Education, as 463 applicable, may administratively enforce this section and impose 464 the civil penalty as an administrative penalty. A lesser 465 penalty, but at least 5 percent of the amount of the undisclosed 466 gift may be imposed if a negligent failure is not a result of 467 negligent management or is de minimis. 468 (b) In the absence of enforcement by the Board of Governors 469 or the State Board of Education, as applicable, the Attorney 470 General or Chief Financial Officer may bring a civil action to 471 enforce this section. If such action is successful, the Attorney 472 General or Chief Financial Officer, as applicable, is entitled 473 to reasonable attorney fees and costs. 474 (6) Except as provided in s. 1004.22(2), or information 475 protected by any statute that is a trade secret as defined in s. 476 812.081(1)(c) or s. 688.002(4), information and records relating 477 to a gift from a foreign source are not confidential or exempt 478 from s. 119.07(1) and s. 24(a), Art. I of the State 479 Constitution. 480 (7) The Board of Governors may adopt regulations, and the 481 State Board of Education may adopt rules, to implement this 482 section. 483 Section 4. Section 1010.35, Florida Statutes, is created to 484 read: 485 1010.35 Screening foreign researchers.— 486 (1) Each state university or entity listed in subpart A or 487 subpart B of part II of chapter 1004 that receives state 488 appropriations or state tax revenue and has a research budget of 489 $10 million or more must screen applicants seeking employment in 490 research or research-related support positions, graduate and 491 undergraduate students applying for research or research support 492 positions, and applicants for positions of visiting researcher, 493 who are citizens of a foreign country and who are not permanent 494 residents of the United States, or who are citizens or permanent 495 residents of the United States who have any affiliation with an 496 institution or program, or at least 1 year of prior employment 497 or training, excepting employment or training by an agency of 498 the United States government, in a foreign country of concern as 499 defined in s. 286.101. Such screening is required prior to 500 interviewing such applicant or offering to such applicant a 501 position of employment or of visiting researcher. At the 502 discretion of the university or entity, other applicants for 503 such positions may be screened. 504 (2) In addition to satisfying all employment and enrollment 505 qualifications imposed by federal law, the Board of Governors or 506 the governing board of the applicable entity must require the 507 following of applicants included in subsection (1): 508 (a) A foreign applicant must submit a complete copy of the 509 applicant’s passport and most recently submitted Online 510 Nonimmigrant Visa Application, DS-160. After extraction of all 511 information relevant to the requirements of this section a 512 university or entity may destroy or return the copy of the DS 513 160 submitted by an applicant. 514 (b) All applicants described in subsection (1) must submit 515 a complete resume and curriculum vitae, including every 516 institution of higher education attended; all previous 517 employment since the applicant’s 18th birthday; a list of all 518 published material for which the applicant received credit as an 519 author, a researcher, or otherwise or to which the applicant 520 contributed significant research, writing, or editorial support; 521 a list of the applicant’s current and pending research funding 522 from any source, including funder, amount, applicant’s role on 523 the project, and brief description of the research; and a full 524 disclosure of non-university professional activities including 525 any affiliation with an institution or program in a foreign 526 country of concern. For applicants who have been continually 527 employed or enrolled in a postsecondary education institution in 528 the United States for 20 years or more, the resume may, but need 529 not, include employment history before the most recent 20 years. 530 (3) The president or chief administrative officer of the 531 state university or applicable entity shall designate a research 532 integrity office to review all materials required in subsection 533 (2) and take reasonable steps to verify all attendance, 534 employment, publications, and contributions listed in the 535 application required in subsection (2) prior to any interview of 536 or offer of a position to the applicant. Reasonable steps 537 include searching public databases for research publications and 538 presentations and public conflict of interest records to 539 identify any research publication or presentation that may have 540 been omitted from the application, contacting all employers of 541 the most recent 10 years to verify employment, contacting all 542 institutions of higher education attended to verify enrollment 543 and educational progress, searching public listings of persons 544 subject to sanctions or restrictions under federal law, and 545 submitting the applicant’s name and other identifying 546 information to the Federal Bureau of Investigation or any 547 federal agency reasonably willing to scrutinize such applicant 548 for national security or counterespionage purposes, and any 549 other steps deemed appropriate to the office. The university or 550 applicable entity may also direct the office to approve 551 applicants for hire based on a risk-based determination 552 considering the nature of the research and the background and 553 ongoing affiliations of the applicant. 554 (4) The requirements of this section must be completed 555 before interviewing or offering any position to an individual 556 described in subsection (1) in any research or research-related 557 support position and before granting such individual any access 558 to research data or activities or other sensitive data. An 559 applicant who must be screened under this section may not be 560 employed in any research or research-related support position if 561 he or she fails to disclose a substantial educational, 562 employment, or research-related activity or publication or 563 presentation at the time of submitting the application required 564 in subsection (2), unless the department head, or a designee, 565 certifies in writing the substance of the nondisclosure and the 566 reasons for disregarding such failure to disclose. A copy of 567 such certification must be kept in the investigative file of the 568 research integrity office and must be submitted to the nearest 569 Federal Bureau of Investigation field office. 570 (5) The research integrity office must report to the 571 nearest Federal Bureau of Investigation field office, and to any 572 law enforcement agency designated by the Governor or the Board 573 of Governors and the governing board of the applicable entity 574 described in subsection (1), the identity of any applicant who 575 was rejected for employment based on the scrutiny required by 576 this section or other risk-based screening. 577 (6) By July 1, 2025, the Inspector General of the Board of 578 Governors, the inspector general of an entity described in 579 subsection (1), or the Auditor General must perform an 580 operational audit regarding the implementation of this section. 581 Section 5. Section 1010.36, Florida Statutes, is created to 582 read: 583 1010.36 Foreign travel; research institutions.— 584 (1) By January 1, 2022, each state university or entity 585 listed in subpart A or subpart B of part II of chapter 1004 that 586 receives state appropriations or state tax revenue and has a 587 research budget of $10 million or more must establish an 588 international travel approval and monitoring program. The 589 program must require preapproval and screening by a research 590 integrity office designated by the president or chief 591 administrative officer of the state university or entity for any 592 foreign travel and foreign employment-related activities engaged 593 in by all faculty, researchers, and research department staff. 594 Such requirement is in addition to any other travel approval 595 process applicable to the state university or entity. 596 (2)(a) Preapproval by the research integrity office must be 597 based on the applicant’s review and acknowledgement of guidance 598 published by the employing state university or entity which 599 relates to countries under sanctions or other restrictions of 600 the state or the United States government, including any federal 601 license requirement; customs rules; export controls; 602 restrictions on taking state university or entity property, 603 including intellectual property, abroad; restrictions on 604 presentations, teaching, and interactions with foreign 605 colleagues; and other subjects important to the research and 606 academic integrity of the state university or entity. 607 (b) Preapproval must be based on the binding commitment of 608 the individual traveler not to violate the state university’s or 609 entity’s limitations on travel and activities abroad and to obey 610 all applicable federal laws. 611 (3) The state university or entity must maintain records of 612 all foreign travel requests and approvals; expenses reimbursed 613 by the university or entity during such travel, including for 614 travel, food, and lodging; and payments and honoraria received 615 during such travel and activities, including for travel, food, 616 and lodging. The state university or entity must also keep 617 records of the purpose of the travel and any records related to 618 the foreign activity review. Such records must be retained for 619 at least 3 years or any longer period of time required by any 620 other applicable state or federal law. 621 (4) The state university or entity must provide an annual 622 report of foreign travel to countries of concern listing 623 individual travelers, foreign locations visited, and foreign 624 institutions visited to the Board of Governors or the governing 625 board of the applicable. 626 (5) By July 1, 2025, the Inspector General of the Board of 627 Governors, the inspector general of an entity described in 628 subsection (1), or the Auditor General must perform an 629 operational audit regarding the implementation of this section. 630 Section 6. This act shall take effect July 1, 2021.