Stricken language would be deleted from and underlined language would be added to present law.
Act 473 of the Regular Session
*CRH095* 03-12-2025 10:56:59 CRH095
State of Arkansas As Engrossed: H3/5/25 H3/12/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1561 3
4
By: Representatives Painter, Achor, Andrews, Barker, Beaty Jr., Beck, Bentley, S. Berry, Breaux, Brooks, 5
K. Brown, M. Brown, N. Burkes, R. Burkes, Joey Carr, John Carr, Cavenaugh, Childress, C. Cooper, 6
Cozart, Crawford, Eaton, Evans, Furman, Gazaway, Gramlich, Hall, Hawk, Hollowell, L. Johnson, Long, 7
Lundstrum, Lynch, Maddox, McAlindon, McClure, M. McElroy, McGrew, B. McKenzie, McNair, 8
Milligan, J. Moore, Nazarenko, Pearce, Perry, Pilkington, Puryear, Ray, R. Scott Richardson, Richmond, 9
Rose, Rye, Schulz, M. Shepherd, Torres, Tosh, Underwood, Unger, Vaught, Walker, Wing, Wooten 10
By: Senator Hill 11
12
For An Act To Be Entitled 13
AN ACT TO AMEND THE LAW REGARDING HIGHER EDUCATION; 14
TO ESTABLISH THE RESEARCH AND EDUCATION PROTECTION 15
ACT OF 2025; AND FOR OTHER PURPOSES. 16
17
18
Subtitle 19
TO ESTABLISH THE RESEARCH AND EDUCATION 20
PROTECTION ACT OF 2025. 21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
24
SECTION 1. Arkansas Code Title 6, Chapter 60, is amended to add an 25
additional subchapter to read as follows: 26
Subchapter 16 - Research and Education Protection Act of 2025. 27
28
6-60-1601. Title. 29
This subchapter shall be known and may be cited as the “Research and 30
Education Protection Act of 2025". 31
32
6-60-1602. Purpose. 33
The purpose of this subchapter is to protect Arkansas's research and 34
educational systems from the malign influence of foreign adversaries. 35
36 As Engrossed: H3/5/25 H3/12/25 HB1561
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6-60-1603. Definitions. 1
As used in this subchapter: 2
(1) “Affiliate organization” means an entity under the control 3
of or established for the benefit of an organization required to report 4
under this subchapter, including without limitation a direct -support 5
organization; 6
(2) “Agreement” means a written or spoken statement of mutual 7
interest in a cultural exchange agreement or an academic or a research 8
collaboration with a foreign adversary or an affiliate organization of a 9
foreign adversary; 10
(3) “Contract” means an agreement for the acquisition by 11
purchase, lease, or barter of property or services for the direct benefit 12
or use of either of the parties; 13
(4) "Cultural exchange agreement" means an agreement between a 14
foreign adversary and an institution of higher education that aims to 15
promote cultural and intellectual relations; 16
(5) “Direct-support organization” means an organization that is 17
organized and operated to receive, hold, invest, and administer property 18
and to make expenditures to or for the benefit of a: 19
(A) State-supported institution of higher education; or 20
(B) Research and development park or research and 21
development authority affiliated with a state -supported institution of 22
higher education; 23
(6) “Endeavor” means to attempt or to try; 24
(7) “Foreign adversary” means: 25
(A) The People’s Republic of China; 26
(B) The Russian Federation; 27
(C) The Islamic Republic of Iran; 28
(D) The Democratic People’s Republic of Korea; 29
(E) The Republic of Cuba; 30
(F) The Bolivarian Republic of Venezuela; 31
(G) The Syrian Arab Republic; 32
(H) A foreign terrorist organization designated by the 33
United States Secretary of State in accordance with section 219 of the 34
Immigration and Naturalization Act (INA), including without limitation an 35
agent of or other entity under significant control of the foreign 36 As Engrossed: H3/5/25 H3/12/25 HB1561
3 03-12-2025 10:56:59 CRH095
adversary; or 1
(I) An entity designated by the United States Government; 2
(8) “Foreign agent” means an officer, employee, proxy, servant, 3
delegate, or representative of a foreign government; 4
(9)(A) “Foreign government” means the government of a country, 5
nation, or group of nations or a province or other political subdivision 6
of a country or nation other than the United States. 7
(B) "Foreign government" includes without limitation an 8
agent of the government of a country, nation, or group of nations or a 9
province or other political subdivision of a country or nation other than 10
the United States; 11
(10) “Foreign instrumentality” means an agency, bureau, 12
ministry, component, institution, association, or any legal, commercial, 13
or business organization, corporation, firm, or entity that is 14
substantially owned, controlled, sponsored, commanded, managed, or 15
dominated by a foreign government; 16
(11)(A) “Gift” means: 17
(i) A gift; 18
(ii) An endowment; 19
(iii) An award; 20
(iv) A donation of money or property of any kind; or 21
(v) Any combination of subdivisions (11)(A)(i) —(iv) 22
of this section. 23
(B) "Gift" includes without limitation a conditional or 24
unconditional pledge of the gift, endowment, award, or donation. 25
(C) For purposes of subdivision (11)(B) of this section, 26
“pledge” means a promise, an agreement, or an expressed intention to give 27
a gift; 28
(12) “Institution of higher education” means: 29
(A) A state-supported institution of higher education or 30
an independent nonprofit college or university that is located in and 31
charted by the state and grants baccalaureate or higher degrees; 32
(B) Any other institution of higher education that has a 33
physical presence in the state and is required to report foreign gifts or 34
contracts pursuant to 20 U.S.C. §1011f; or 35
(C) An affiliate organization of an institution of higher 36 As Engrossed: H3/5/25 H3/12/25 HB1561
4 03-12-2025 10:56:59 CRH095
education; 1
(13) “Obtain or use” means any manner of: 2
(A) Taking or exercising control over property; 3
(B) Making any unauthorized use, disposition, or transfer 4
of property; 5
(C) Obtaining property by fraud, willful misrepresentation 6
of a future act, or false promise; or 7
(D) Conduct previously known as: 8
(i) Stealing; 9
(ii) Larceny; 10
(iii) Purloining; 11
(iv) Abstracting; 12
(v) Embezzlement; 13
(vi) Misapplication; 14
(vii) Misappropriation; 15
(viii) Conversion; 16
(ix) Obtaining money or property by false pretenses, 17
fraud, or deception; or 18
(x) Other conduct similar in nature; 19
(14) “Partnership” means a: 20
(A) Faculty or student exchange program; 21
(B) Study abroad program; 22
(C) Matriculation program; 23
(D) Recruiting program; or 24
(E) Dual degree program; 25
(15) “Person” means: 26
(A) Any natural person; 27
(B) A corporation; 28
(C) A business trust; 29
(D) An estate; 30
(E) A trust; 31
(F) A partnership; 32
(G) An association; 33
(H) A joint venture; 34
(I) A government; 35
(J) A governmental subdivision or agency; or 36 As Engrossed: H3/5/25 H3/12/25 HB1561
5 03-12-2025 10:56:59 CRH095
(K) Any other legal or commercial entity; 1
(16) "Research" means a scientific investigation or development 2
that involves technologies, designs, or technical data considered 3
sensitive enough to potentially impact national security, and therefore 4
requires strict controls on the export or transfer to foreign entities, as 5
outlined by the International Traffic in Arms Regulations and the Export 6
Administration regulations of the United States Government; and 7
(17) “Trade secret” means information, including a formula, 8
pattern, compilation, program, device, method, technique, or process, 9
that: 10
(i) Derives independent economic value, actual or 11
potential, from not being generally known to, and not being readily 12
ascertainable by proper means by, other persons who can obtain economic 13
value from its disclosure or use; and 14
(ii) Is the subject of efforts that are reasonable under 15
the circumstances to maintain its secrecy. 16
17
6-60-1604. Disclosure requirements for past gifts. 18
(a)(1) An institution of higher education that has received directly 19
or indirectly a gift with a value equal to or greater than two hundred 20
fifty thousand dollars ($250,000) from a foreign adversary after December 21
31, 2019, shall disclose the gift. 22
(2) The disclosure of a gift required under subdivision (a)(1) 23
of this section shall be made to the governing board of the institution of 24
higher education within sixty (60) days of the effective date of this 25
subchapter. 26
(b) Unless otherwise prohibited or deemed confidential under state or 27
federal law, the disclosure required under subdivision (a)(1) of this 28
section shall include without limitation the: 29
(1) Date of the gift; 30
(2) Amount of the gift; 31
(3) Purpose of the gift; 32
(4) Identification of the person for whom the gift is explicitly 33
intended to benefit; 34
(5) Applicable conditions, requirements, restrictions, or terms 35
made part of the gift; 36 As Engrossed: H3/5/25 H3/12/25 HB1561
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(6) Name and country of residence or domicile of the foreign 1
adversary; 2
(7) Name and mailing address of the disclosing entity; and 3
(8) Date of termination of the gift, as applicable. 4
(c) An institution of higher education shall maintain a public website 5
to disclose information on past gifts from a foreign adversary. 6
(d) For purposes of this section, a gift received from a foreign 7
adversary through an intermediary or affiliate organization, if known, is: 8
(1) An indirect gift to the institution of higher education; and 9
(2) Subject to the disclosure process described in this section. 10
(e) Upon a request of the Governor, the President of the Senate, or 11
the Speaker of the House of Representatives, the governing board of an 12
institution of higher education shall inspect or audit a past gift or gift 13
agreement. 14
15
6-60-1605. Approval requirements for future gifts. 16
(a) An institution of higher education that has been offered directly 17
or indirectly a gift with a value equal to or greater than two hundred 18
fifty thousand dollars ($250,000) from a foreign adversary after the 19
effective date of this subchapter shall disclose the proposed gift to the 20
governing board of the institution of higher education. 21
(b) Unless otherwise prohibited or deemed confidential under state or 22
federal law, the disclosure required under subsection (a) of this section 23
shall include without limitation the: 24
(1) Date of the gift; 25
(2) Amount of the gift; 26
(3) Purpose of the gift; 27
(4) Identification of the person for whom the gift is explicitly 28
intended to benefit; 29
(5) Applicable conditions, requirements, restrictions, or terms 30
made part of the gift; 31
(6) Name and country of residence or domicile of the foreign 32
adversary; 33
(7) Name and mailing address of the disclosing entity; and 34
(8) Date of termination of the gift, as applicable. 35
(c)(1) Within thirty (30) days of receiving the disclosure of the 36 As Engrossed: H3/5/25 H3/12/25 HB1561
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proposed gift under subsection (a) of this section, the governing board of 1
an institution of higher education shall issue a final decision to the 2
institution of higher education on whether and under what conditions the 3
institution of higher education may accept the gift. 4
(2) The governing board of the institution of higher education 5
shall reject a gift from a foreign adversary unless there is an 6
overwhelming state or national interest in accepting the gift. 7
(d)(1) The governing board of an institution of higher education shall 8
develop: 9
(A) A disclosure form; 10
(B) Rules; and 11
(C) Procedures for deciding whether to allow an 12
institution of higher education to accept a gift from a foreign adversary. 13
(2) A gift from a foreign adversary shall only be accepted if 14
the gift addresses an overwhelming state or national interest beyond 15
simply acquiring additional funds. 16
(e) An institution of higher education shall maintain a public website 17
to disclose information on accepted gifts from foreign adversaries. 18
(f) For purposes of this section, a gift received from a foreign 19
adversary through an intermediary shall be considered an indirect gift 20
with the institution of higher education and is subject to the approval 21
process described in this section. 22
(g) Upon a request of the Governor, the President of the Senate, or 23
the Speaker of the House of Representatives, the governing board of an 24
institution of higher education shall inspect or audit a gift or gift 25
agreement. 26
27
6-60-1606. Disclosure requirements for past contracts. 28
(a) An institution of higher education that has entered directly or 29
indirectly into a contract with a value equal to or greater than two 30
hundred fifty thousand dollars ($250,000) with a foreign adversary after 31
December 31, 2019, shall disclose the contract to the governing board of 32
the institution of higher education within sixty (60) days following the 33
effective date of this subchapter. 34
(b) Unless otherwise prohibited or deemed confidential under state or 35
federal law, the disclosure required under subsection (a) of this section 36 As Engrossed: H3/5/25 H3/12/25 HB1561
8 03-12-2025 10:56:59 CRH095
shall include without limitation: 1
(1) The date of the contract; 2
(2) The amount of the contract; 3
(3) The purpose of the contract; 4
(4) The identification of the person for whom the contract is 5
explicitly intended to benefit; 6
(5) The applicable conditions, requirements, restrictions, or 7
terms made part of the contract; 8
(6) A copy of the contract; 9
(7) The name and country of residence or domicile of the foreign 10
adversary; 11
(8) The name and mailing address of the disclosing entity; and 12
(9) The date of termination of the contract, as applicable. 13
(c) For purposes of this section, a contract entered with a foreign 14
adversary through an intermediary or affiliate organization shall be 15
considered an indirect contract to the institution of higher education and 16
is subject to the disclosure process described in this section. 17
(d) An institution of higher education shall maintain a public website 18
to disclose information on contracts with a foreign adversary. 19
(e) Upon the request of the Governor, the President of the Senate, or 20
the Speaker of the House of Representatives, the governing board of an 21
institution of higher education shall inspect or audit a past contract. 22
23
6-60-1607. Approval requirements for future contracts. 24
(a) An institution of higher education that has been offered or has 25
proposed directly or indirectly a contract with a value equal to or 26
greater than two hundred fifty thousand dollars ($250,000) from or with a 27
foreign adversary after the effective date of this subchapter shall 28
disclose the proposed contract to the governing board of the institution 29
of higher education before entering into the contract. 30
(b) Unless otherwise prohibited or deemed confidential under state or 31
federal law, the disclosure required under subsection (a) of this section 32
shall include without limitation: 33
(1) The date of the contract; 34
(2) The amount of the contract; 35
(3) The purpose of the contract; 36 As Engrossed: H3/5/25 H3/12/25 HB1561
9 03-12-2025 10:56:59 CRH095
(4) The identification of the person for whom the contract is 1
explicitly intended to benefit; 2
(5) The applicable conditions, requirements, restrictions, or 3
terms made part of the contract; 4
(6) A copy of the contract; 5
(7) The name and country of residence or domicile of the foreign 6
adversary; 7
(8) The name and mailing address of the disclosing entity; and 8
(9) The date of termination of the contract as applicable. 9
(c)(1) Within thirty (30) days of receiving the disclosure of the 10
proposed contract under subsection (a) of this section, the governing 11
board of an institution of higher education shall issue a final decision 12
to the institution of higher education on whether and under what 13
conditions the institution of higher education may enter into the 14
contract. 15
(2) The governing board of the institution of higher education 16
shall reject a contract with a foreign adversary unless there is an 17
overwhelming state or national interest in accepting or entering the 18
contract. 19
(d)(1) The governing board of an institution of higher education shall 20
develop disclosure forms, rules, and procedures for deciding upon whether 21
to allow institutions of higher education to enter into contracts from 22
foreign adversaries. 23
(2) A contract shall only be entered into if the contract 24
addresses an overwhelming state or national interest. 25
(e) An institution of higher education shall maintain a public website 26
disclosing a contract from a foreign adversary described in this section, 27
along with the final decision on whether to allow the relevant institution 28
of higher education to enter into the contract. 29
(f) For purposes of this section, a contract proposed from a foreign 30
adversary through an intermediary or affiliate organization shall be 31
considered an indirect contract with the institution of higher education 32
and is subject to the approval process described in this section. 33
(g) An institution of higher education shall maintain a public website 34
to disclose information on contracts from foreign adversaries. 35
(h) Upon a request of the Governor, the President of the Senate, or 36 As Engrossed: H3/5/25 H3/12/25 HB1561
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the Speaker of the House of Representatives, the governing board of an 1
institution of higher education shall inspect or audit a contract 2
agreement. 3
4
6-60-1608. Enforcement related to foreign gifts — Penalties — Rewards. 5
(a) Upon receiving a referral from a compliance officer of an 6
institution of higher education or a sworn complaint based upon 7
substantive information and reasonable belief as defined in Arkansas law, 8
the Department of Inspector General shall investigate an allegation of a 9
violation of §§ 6-60-1605 — 6-60-1607. 10
(b)(1) The department or compliance officer authorized by an 11
institution of higher education may request records relevant to any 12
reasonable suspicion of a violation of this subchapter. 13
(2) An entity shall provide the requested records under 14
subdivision (b)(1) of this section within ten (10) days after the request 15
or a later date agreed to by the department. 16
(c) An institution of higher education that knowingly fails to make a 17
disclosure required under this subchapter or knowingly fails to provide 18
records requested under subsection (b)(1) of this section is subject to, 19
upon a final administration finding, a civil fine of: 20
(1) Ten thousand dollars ($10,000) for a first violation; or 21
(2) Twenty thousand dollars ($20,000) for a subsequent 22
violation. 23
(d) A whistleblower who reports an undisclosed foreign gift or 24
contract from a foreign adversary to the appropriate inspector general may 25
also report the undisclosed gift or contract to the Attorney General and 26
retain whistleblower protection under the Arkansas Whistle -Blower Act, § 27
21-1-601 et seq. 28
(e) Information reported under subsection (b) of this section is not 29
confidential or exempt from examination or disclosure, except as otherwise 30
provided by law. 31
(f) The governing board an institution of higher education and the 32
department may adopt rules to implement this section. 33
34
6-60-1609. Prohibition on certain cultural exchange agreements. 35
(a) An institution of higher education shall not participate in a 36 As Engrossed: H3/5/25 H3/12/25 HB1561
11 03-12-2025 10:56:59 CRH095
cultural exchange agreement with a foreign adversary or an entity 1
controlled by a foreign adversary unless the institution of higher 2
education: 3
(1) Addresses an overwhelmingly underaddressed state or national 4
need; and 5
(2) Avoids: 6
(A) Constraining the freedom of contract of the public 7
entity; 8
(B) Allowing the curricula or values of a program in the 9
state to be directed, controlled, or influenced by the foreign adversary; 10
or 11
(C) Promoting an agenda detrimental to the safety or 12
security of the state, residents of the state, or the United States. 13
(b)(1) Before the execution of a cultural exchange agreement with a 14
foreign adversary, the substance of the cultural exchange agreement shall 15
be shared with the Department of the Inspector General. 16
(2) If the department concludes that the cultural exchange 17
agreement promotes an agenda detrimental to the safety or security of the 18
state, the United States, or residents of the state, the institution of 19
higher education shall not enter into the cultural exchange agreement. 20
(c)(1) By December 1, 2026, and each December 1 thereafter, the 21
governing board of an institution of higher education and the department 22
shall submit a report to the Governor, the President Pro Tempore of the 23
Senate, and the Speaker of the House of Representatives relating to 24
partnerships and agreements of institutions of higher education made with 25
educational institutions or other institutions based in foreign 26
adversaries. 27
(2) At a minimum, the report required by subdivision (c)(1) of 28
this section shall include without limitation the following information 29
for the previous fiscal year: 30
(A) Data reflecting any program, agreement, partnership, 31
or contract between an institution of higher education and any college, 32
university, or entity that is based in or controlled by a foreign 33
adversary; 34
(B) Data reflecting any office, campus, or physical 35
location used or maintained by an institution of higher education in a 36 As Engrossed: H3/5/25 H3/12/25 HB1561
12 03-12-2025 10:56:59 CRH095
foreign adversary; and 1
(C) The date on which any such program, agreement, 2
partnership, or contract reported pursuant to subdivision (c)(2)(A) is 3
expected to terminate. 4
(d) Each institution of higher education shall submit the information 5
required in subsection (c) of this section to the governing board of the 6
institution of higher education and the department by July 1, 2026, and on 7
each July 1 thereafter. 8
(e)(1) A registered student organization or scholar association hosted 9
by an institution of higher education shall not: 10
(A) Accept a gift from a foreign adversary; 11
(B) Enter into any contract or agreement with a foreign 12
adversary; or 13
(C) Be directed or controlled by the government of a 14
foreign adversary. 15
(2) A violation of subdivision (e)(1) of this section shall 16
result in the institution of higher education ending any affiliation with 17
the registered student organization. 18
(3) For purposes of this subsection, member dues or fees shall 19
not be considered a gift from or a contract or agreement with a foreign 20
adversary. 21
(f) The governing board of an institution of higher education and the 22
department shall adopt rules to administer this section. 23
24
6-60-1610. Screening requirements for higher education hiring and 25
research. 26
(a) An institution of higher education or affiliate of an institution 27
of higher education that has federal research expenditures of ten million 28
dollars ($10,000,000) or more shall screen applicants who are citizens of 29
a foreign adversary and are not permanent residents of the United States 30
prior to any final offer of employment or letter of invitation as follows: 31
(1) Employment in: 32
(A) Research positions; and 33
(B) Graduate and undergraduate students applying for 34
research positions; or 35
(2) A position of a visiting researcher who is a citizen of a 36 As Engrossed: H3/5/25 H3/12/25 HB1561
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foreign adversary and is not a permanent resident of the United States. 1
(b)(1) The screening required by subsection (a) of this section is 2
required before offering the applicant a position of employment or of a 3
visiting researcher. 4
(2) At the discretion of the institution of higher education, 5
other applicants for a position may be screened. 6
(c) An applicant described in subsection (a) of this section shall 7
submit: 8
(1) A complete resume or curriculum vitae, including without 9
limitation every institution of higher education attended; 10
(2) All previous employment since the applicant’s eighteenth 11
birthday; 12
(3) A list of all published material for which the applicant 13
received credit as an author, a researcher, or otherwise to which the 14
applicant contributed significant research, writing, or editorial support; 15
(4) A list of the applicant’s current and pending research 16
funding from any source, including the name of the funder, amount, 17
applicant’s role on the project, and brief description of the research; 18
(5) A full disclosure of non -university professional activities, 19
including any affiliation with an institution or program in a foreign 20
adversary; 21
(6) Other activities that bear on the qualifications appropriate 22
for the position, including without limitation private or public sector 23
experience, military service, or other appropriate experience; and 24
(7) A list of all patents held and the country of record. 25
(d) For an applicant who has been continually employed or enrolled in 26
an institution of higher education in the United States for twenty (20) 27
years or more, the resume may include employment history before the most 28
recent twenty (20) years. 29
(e)(1) The president or chief administrative officer of the 30
institution of higher education or affiliate of the institution of higher 31
education shall designate a research compliance office to review all 32
materials required in subsection (c) of this section. 33
(2) The president or chief administrator of the institution of 34
higher education shall take reasonable steps to verify information that 35
includes without limitation: 36 As Engrossed: H3/5/25 H3/12/25 HB1561
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(A) Searching public listings of persons subject to 1
sanctions or restrictions under federal law; 2
(B) Submitting the applicant’s name and other identifying 3
information to any federal agency reasonably willing to scrutinize the 4
applicant for national security or counterespionage purposes; and 5
(C) Any other steps deemed appropriate to the research 6
compliance office under subdivision (e)(1) of this section. 7
(3) The institution of higher education or affiliate of the 8
institution of higher education may also create a process to approve 9
applicants for hire based on a risk -based determination considering the: 10
(A) Nature of the research; and 11
(B) Background and ongoing affiliations of the applicant. 12
(f)(1) The requirements of this section shall be completed before 13
offering any position to an individual described in subsection (a) in any 14
research position and before granting the individual any access to 15
research data or activities or other sensitive data. 16
(2) An applicant screened under this section shall not be 17
employed in any research position if he or she fails to disclose a 18
substantial educational, employment, or research activity, publication, or 19
presentation at the time of submitting an application, unless the academic 20
department head or his or her designee certifies in writing the substance 21
of the nondisclosure and the reasons for disregarding the failure to 22
disclose. 23
24
6-60-1611. Foreign adversary travel requirements. 25
(a)(1) By January 1, 2026, each institution of higher education or 26
affiliate organization of the institution of higher education that has 27
federal research expenditures of ten million dollars ($10,000,000) or more 28
shall establish a foreign adversary travel approval and monitoring 29
program. 30
(2) The foreign adversary travel approval and monitoring program 31
required under subdivision (a)(1) of this section shall require 32
preapproval and screening by a research compliance office designated by 33
the president or chief administrative officer of the institution of higher 34
education or affiliate organization of the institution of higher education 35
for any employment-related foreign travel to a foreign adversary country 36 As Engrossed: H3/5/25 H3/12/25 HB1561
15 03-12-2025 10:56:59 CRH095
and employment-related foreign adversary activities engaged in by all 1
faculty, researchers, and research department staff. 2
(3) The requirement under subdivision (a)(2) of this section 3
shall be in addition to any other travel approval process applicable to 4
the state-supported institution of higher education or affiliate 5
organization. 6
(b) Preapproval for travel to a foreign adversary country by the 7
research compliance office of the institution of higher education shall be 8
based on: 9
(1) The applicant’s review and acknowledgement of guidance 10
published by the employing state -supported institution of higher education 11
or affiliate organization of the institution of higher education that 12
relates to: 13
(A) Foreign adversaries; 14
(B) Countries under sanction; or 15
(C) Other restrictions or designations imposed by the 16
state or the United States Government including without limitation: 17
(i) Any federal licensing requirements; 18
(ii) Customs rules; 19
(iii) Export controls; 20
(iv) Restrictions on taking university or entity 21
property, including intellectual property, abroad; 22
(v) Restrictions on presentations, teaching, and 23
interactions with foreign adversary colleagues; and 24
(vi) Other subjects important to the research and 25
academic integrity of the institution of higher education; and 26
(2) The binding commitment of the individual traveler not to 27
violate the institution of higher education or affiliate organization of 28
the institution of higher education’s limitations on foreign adversary 29
travel and activities abroad and to obey all applicable federal laws. 30
(c)(1) The institution of higher education or affiliate organization 31
of the institution of higher education shall maintain records of: 32
(A) All foreign adversary travel requests and approvals; 33
(B) Expenses reimbursed by the institution of higher 34
education or affiliate organization of the institution of higher education 35
during such foreign adversary travel including for travel, food, and 36 As Engrossed: H3/5/25 H3/12/25 HB1561
16 03-12-2025 10:56:59 CRH095
lodging; and 1
(C) Payments and honoraria received during the foreign 2
adversary travel and activities, including for travel, food, and lodging. 3
(2)(A) The institution of higher education shall also keep 4
records of the purpose of the foreign adversary travel and any records 5
related to the foreign activity review. 6
(B) The records shall be retained for at least three (3) 7
years or any longer period of time required by any other applicable state 8
or federal law. 9
(d) The institution of higher education shall provide an annual report 10
to the governing board of the institution of higher education of foreign 11
travel to a foreign adversary country listing the: 12
(1) Individual traveler; 13
(2) Foreign adversary location visited; and 14
(3) Foreign adversary institution visited. 15
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6-60-1612. Prohibitions on research partnerships. 17
(a)(1) An institution of higher education shall only enter into a new 18
partnership or renew an existing partnership with a foreign 19
instrumentality if the institution of higher education maintains 20
sufficient structural safeguards to protect the intellectual property of 21
the institution of higher education. 22
(2) The governing board of an institution of higher education 23
shall notify an institution of higher education if the board determines 24
the partnership meets the safeguard requirements required by this 25
subsection. 26
(3) The safeguard requirements under this subsection shall 27
include without limitation the following: 28
(A) Compliance with all federal requirements, including 29
the requirements of federal research sponsors and federal export control 30
agencies, including regulations regarding international traffic in arms 31
and export administration regulations, and economic and trade sanctions 32
administered by the federal office of foreign assets control; 33
(B) Annual formal institution -level programs for faculty 34
on conflicts of interest and conflicts of commitment; 35
(C) An overwhelming state interest to enter into the 36 As Engrossed: H3/5/25 H3/12/25 HB1561
17 03-12-2025 10:56:59 CRH095
research or academic partnership; 1
(D) Lack of alternative institutions to engage with for a 2
similar research or academic partnership; and 3
(E) A formalized foreign visitor process and uniform 4
visiting scholar agreement. 5
(b) The board shall have full discretion to reject or terminate any 6
research partnership between an institution of higher education and an 7
academic or research institution located in a foreign adversary at any 8
time and for any purpose. 9
10
6-60-1613. Prohibitions related to trade secrets. 11
A person who engages in willful misappropriation of a trade secret with 12
the intent to benefit a foreign government, a foreign agent, or a foreign 13
instrumentality shall be guilty, upon conviction, of a Class D felony. 14
15
6-60-1614. Penalties for violations related to intellectual property. 16
(a) A person who violates § 6 -60-1613 commits theft of a trade secret 17
and is guilty of a Class D felony. 18
(b) A person who traffics in, or endeavors to traffic in, a trade 19
secret that he or she knows or should know was obtained or used without 20
authorization commits trafficking in a trade secret and is guilty of a 21
Class D felony. 22
(c) Whenever a person is charged with a violation of this act which 23
was committed with the intent to benefit a foreign government, a foreign 24
agent, or a foreign instrumentality, the offense for which the person is 25
charged shall be reclassified as follows: 26
(1) In the case of theft of a trade secret, from a Class D 27
felony to a Class C felony; and 28
(2) In the case of trafficking in trade secrets, from a Class D 29
felony to a Class C felony. 30
31
6-60-1615. Duties related to foreign adversary software — Rules. 32
(a) The governing board of an institution of higher education shall 33
conduct a thorough review of all software and software platforms used by 34
an institution of higher education that may be linked to foreign 35
adversaries. 36 As Engrossed: H3/5/25 H3/12/25 HB1561
18 03-12-2025 10:56:59 CRH095
(b) The board shall: 1
(1) Develop a plan to eliminate the usage of software and 2
software platforms hosted, operated, or owned by foreign adversary 3
countries; and 4
(2) Adopt policies that prohibit the future utilizing or 5
contracting with entities domiciled in, or controlled or owned by 6
companies or other entities domiciled in foreign adversary countries that 7
host, operate, or own software and software platforms. 8
9
SECTION 2. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 10
this act or the application of this act to any person or circumstance is 11
held invalid, the invalidity shall not affect other provisions or 12
applications of this act which can be given effect without the invalid 13
provision or application, and to this end, the provisions of this act are 14
declared severable. 15
16
/s/Painter 17
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APPROVED: 4/8/25 20
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