SCREENING OF FOREIGN RESEARCHERS REQUIRED.

(a) Before offering a person employment for a research or research-related support position at the institution or granting a person access to research data or activities or other sensitive data of the institution, an institution of higher education must screen the person as provided by this subchapter if the person:

(1) is a citizen of a foreign country and is not a permanent resident of the United States; or

(2) is affiliated with an institution or program, or has at least one year of employment or training, in a foreign adversary, other than employment or training by an agency of the United States.

(b) A screening under this section must include a background check to determine if the person has any ties to a foreign adversary that would prevent the person from being able to maintain the security or integrity of the institution of higher education and research data or activities or other sensitive data of the institution. The council may establish a risk-based framework for the screening of a person under this subchapter, which may prescribe low-risk circumstances under which the screening may be waived.

(c) If an institution of higher education procures a third party to conduct a background check under Subsection (b), the institution may consult with the Department of Public Safety and the council in determining whether the third party is qualified to conduct a background check that meets the requirements of that subsection.

(d) An institution of higher education may screen additional persons as provided by this subchapter for a position described by Subsection (a) at the institution's discretion.

(e) An institution of higher education may waive the screening requirement under Subsection (a) for a person who possesses an active United States government security clearance issued by a federal agency.