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         288.860International 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         1010.35Screening 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         1010.36Foreign 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.