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Please see http://docs.legis.wisconsin.gov for the production version.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB745,1
1Section 1. 36.46 of the statutes is created to read:
SB745,4,3 236.46 Disclosure of foreign sources of funding. (1) Definitions. In this
3section:
SB745,4,54 (a) “Attributable country,” with respect to a foreign source, means the
5following:
SB745,4,76 1. For a foreign source who is an individual, the country of citizenship or, if
7unknown, the principal residence.
SB745,4,108 2. For a foreign source that is a legal entity, but not including a foreign
9government, the country of incorporation or, if unknown, the principal place of
10business.
SB745,4,1311 (b) “Contract" means any agreement for the acquisition by purchase, lease, or
12barter of property or services by a foreign source, for the direct benefit or use of either
13of the parties.
SB745,4,1514 (c) “Country of concern” means the People's Republic of China, Russia, Cuba,
15Iran, North Korea, or Syria.
SB745,4,1616 (d) “Foreign source" means any of the following:
SB745,4,1717 1. A foreign government, including an agency of a foreign government.
SB745,4,1918 2. A legal entity, governmental or otherwise, created solely under the laws of
19a foreign state.
SB745,4,2120 3. An individual who is not a citizen or a national of the United States or of a
21trust territory or protectorate of the United States.
SB745,4,2322 4. An agent, including a subsidiary or affiliate of a foreign legal entity, acting
23on behalf of a foreign source.
SB745,4,2424 (e) “Gift" means any gift of money or property.
SB745,5,3
1(f) “Restricted or conditional gift or contract" means any endowment, gift,
2grant, contract, award, present, or property of any kind that includes provisions
3regarding any of the following:
SB745,5,44 1. The employment, assignment, or termination of faculty.
SB745,5,65 2. The establishment of departments, centers, research or lecture programs,
6or new faculty positions.
SB745,5,77 3. The selection or admission of students.
SB745,5,108 4. The award of grants, loans, scholarships, fellowships, or other forms of
9financial aid restricted to students of a specified country, religion, sex, ethnic origin,
10or political opinion.
SB745,5,1411 (g) “Third-party researcher” means a principal investigator, project director,
12collaborator, consultant, or other person who participates in the design, conduct, or
13reporting of research conducted at or sponsored by an institution and who is not a
14system employee or student.
SB745,5,21 15(2) Institutional disclosure. (a) If an institution receives a gift from or enters
16into a contract with a foreign source, the value of which is $50,000 or more,
17considered alone or in combination with all other gifts from or contracts with that
18foreign source within a calendar year, the institution shall submit under s. 13.172
19(3) to the standing committees of the legislature with jurisdiction over higher
20education matters, and to the department of justice, an annual disclosure report as
21provided in pars. (b) and (c).
SB745,5,2322 (b) 1. A report required under par. (a) shall be submitted no later than January
2331 after the calendar year to which the report applies.
SB745,6,3
12. In lieu of submitting a report under par. (a), an institution may provide all
2applicable information to the board and the board may submit a report on behalf of
3multiple institutions containing all information required from these institutions.
SB745,6,44 (c) Each report required under par. (a) shall contain all of the following:
SB745,6,75 1. For gifts received from or contracts entered into with a foreign source other
6than a foreign government, the aggregate dollar amount of the gifts and contracts,
7disclosed according to each attributable country.
SB745,6,108 2. For gifts received from or contracts entered into with a foreign government,
9the aggregate dollar amount of the gifts and contracts received from each foreign
10government.
SB745,6,1211 3. For each gift received from or contract entered into with any foreign source,
12the purpose of the gift or contract.
SB745,6,1513 (d) 1. In addition to the requirement under par. (a), if an institution receives
14a restricted or conditional gift or contract from a foreign source within a calendar
15year, the institution shall disclose all of the following:
SB745,6,1816 a. For gifts received from or contracts entered into with a foreign source other
17than a foreign government, the dollar amount, the date, a description of the
18conditions or restrictions, and the attributable country.
SB745,6,2119 b. For gifts received from or contracts entered into with a foreign government,
20the dollar amount, the date, a description of the conditions or restrictions, and the
21name of the foreign government.
SB745,7,222 2. If an institution is required to submit a report under par. (a), the disclosure
23required under this paragraph shall be included in the report under par. (a) for the
24same calendar year. If an institution is not required to submit a report under par.
25(a) for a calendar year but is subject to the disclosure requirement under this

1paragraph for that calendar year, the disclosure shall be submitted in the manner
2and by the deadline described in pars. (a) and (b).
SB745,7,7 3(3) Individual disclosure. (a) Each system employee who participates in
4research conducted at or sponsored by an institution, and each 3rd-party researcher,
5shall disclose all research contracts with and gifts from any foreign source associated
6with a country of concern to the extent the contract or gift involves the employee or
73rd-party researcher.
SB745,7,118 (b) The disclosure required under par. (a) shall be made to the applicable
9institution immediately upon execution of the contract or receipt of the gift. The
10disclosure shall be made in the form and manner prescribed by the board but shall
11include all of the following:
SB745,7,1212 1. The amount of the contract or gift.
SB745,7,1413 2. The date the contract was entered into, along with the contract start and end
14date, or the date the gift was received.
SB745,7,1515 3. The name and address of the foreign source.
SB745,7,1616 4. A copy of any applicable agreement.
SB745,7,20 17(4) Penalties. (a) Any system employee who fails to act in good faith and with
18reasonable diligence to facilitate an institution's compliance with the requirements
19under sub. (2) may be fined not more than $5,000 for the first offense and not more
20than $10,000 for each subsequent offense.
SB745,7,2321 (b) Any person who willfully or with gross negligence violates the requirements
22under sub. (3) may be fined an amount not exceeding 105 percent of the amount of
23the applicable contract or gift.
SB745,2 24Section 2. 36.47 of the statutes is created to read:
SB745,8,6
136.47 Basic research standards. (1) Each institution shall ensure that
2system employees assigned to and students enrolled in the institution who perform
3research supported by state or federal funds, and any other person who participates
4in such research at the institution, satisfy all disclosure requirements associated
5with the awarding of the research funding, including the reporting of financial
6conflicts of interest under 42 CFR 50.605, as applicable.
SB745,8,13 7(2) (a) Each institution shall create a policy of best practices for research
8projects, security, and collaboration that further American scientific standards of
9transparency, reciprocity, merit-based competition, and integrity. In developing the
10policy, the institution shall consider best practice standards established by federal
11agencies and other entities that award research grants. This paragraph does not
12apply if, on the effective date of this paragraph .... [LRB inserts date], the institution
13maintains a policy consistent with the requirements of this paragraph.
SB745,8,1614 (b) Each institution shall provide resources, developed by the institution, for
15preparing grant proposals to system employees assigned to and students enrolled in
16the institution who are involved in research activities.
SB745,8,1817 (c) This subsection does not apply to an institution at which no research is
18conducted.
SB745,3 19Section 3. Nonstatutory provisions.
SB745,8,2020 (1) Individual disclosure for existing contracts and prior gifts.
SB745,8,2121 (a) In this subsection:
SB745,8,22 221. “Contract" has the meaning given in s. 36.46 (1) (b).
SB745,8,23 232. “Country of concern" has the meaning given in s. 36.46 (1) (c).
SB745,8,24 243. “Foreign source" has the meaning given in s. 36.46 (1) (d).
SB745,8,25 254. “Gift" has the meaning given in s. 36.46 (1) (e).
SB745,9,1
15. “Institution" has the meaning given in s. 36.05 (9).
SB745,9,2 26. “System" has the meaning given in s. 36.05 (12).
SB745,9,3 37. “Third-party researcher" has the meaning given in s. 36.46 (1) (g).
SB745,9,74 (b) Each system employee who participates in research conducted at or
5sponsored by an institution, and each 3rd-party researcher, shall disclose all
6research contracts and gifts specified in par. (c ) to the extent the contract or gift
7involves the employee or 3rd-party researcher.
SB745,9,88 (c) Paragraph (b) applies to all of the following:
SB745,9,10 91. All research contracts with any foreign source associated with a country of
10concern that are in effect on the effective date of this subdivision.
SB745,9,12 112. All gifts received from any foreign source associated with a country of
12concern within 2 years immediately preceding the effective date of this subdivision.
SB745,9,1613 (d) The disclosure required under pars. (b) and (c) shall be made to the
14applicable institution not later than 6 months after the effective date of this
15paragraph. The disclosure shall include all of the information specified in s. 36.46
16(3) (b) 1. to 4.
SB745,4 17Section 4. Initial applicability.
SB745,9,1918 (1) The treatment of s. 36.46 (2) and (3) first applies to contracts entered into
19and gifts received on the effective date of this subsection.
SB745,5 20Section 5. Effective date.
SB745,9,2121 (1) This act takes effect on the 30th day after the day of publication.
SB745,9,2222 (End)
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