Arkansas 2025 Regular Session

Arkansas House Bill HB1561 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 473 of the Regular Session
3		-	CRH095 03-12-2025 10:56:59 CRH095
4		-
5		-	State of Arkansas As Engrossed: H3/5/25 H3/12/25 1
	2	+	CRH095 02/24/2025 1:29:02 PM CRH095
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1561 3
8	6		4
9		-	By: ~~Representatives~~ Painter~~, Achor, Andrews, Barker, Beaty Jr., Beck, Bentley, S. Berry, Breaux, Brooks,~~ 5
10		-	~~K. Brown,~~ ~~M. Brown, N. Burkes, R. Burkes, Joey Carr, John Carr, Cavenaugh, Childress, C. Cooper,~~ 6
11		-	~~Cozart, Crawford, Eaton, Evans, Furman, Gazaway, Gramlich, Hall, Hawk, Hollowell, L. Johnson, Long,~~ 7
12		-	~~Lundstrum, Lynch,~~ ~~Maddox, McAlindon,~~ ~~McClure, M. McElroy, McGrew, B. McKenzie, McNair,~~ 8
13		-	~~Milligan, J.~~ ~~Moore, Nazarenko,~~ ~~Pearce, Perry,~~ ~~Pilkington, Puryear,~~ ~~Ray, R. Scott Richardson, Richmond,~~ 9
14		-	~~Rose, Rye,~~ ~~Schulz, M.~~ ~~Shepherd, Torres,~~ ~~Tosh, Underwood, Unger, Vaught, Walker, Wing, Wooten~~ 10
15		-	~~By: Senator Hill~~ 11
	7	+	By: Representative Painter 5
	8	+	By: Senator Hill 6
	9	+	7
	10	+	For An Act To Be Entitled 8
	11	+	AN ACT TO AMEND THE LAW REGARDING HIGHER EDUCATION; 9
	12	+	TO ESTABLISH THE RESEARCH AND EDUCATION PROTECTION 10
	13	+	ACT OF 2025; AND FOR OTHER PURPOSES. 11
16	14		12
17		-	~~For An Act To Be Entitled~~ 13
18		-	~~AN ACT TO AMEND THE LAW REGARDING HIGHER EDUCATION;~~ 14
19		-	TO ESTABLISH THE RESEARCH AND EDUCATION ~~PROTECTION~~ 15
20		-	ACT OF 2025~~; AND FOR OTHER PURPOSES~~. 16
	15	+	13
	16	+	Subtitle 14
	17	+	TO ESTABLISH THE RESEARCH AND EDUCATION 15
	18	+	PROTECTION ACT OF 2025. 16
21	19		17
22		-	18
23		-	~~Subtitle~~ 19
24		-	TO ~~ESTABLISH THE RESEARCH AND EDUCATION~~ 20
25		-	~~PROTECTION ACT OF 2025.~~ 21
26		-	22
27		-	~~BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:~~ 23
28		-	24
29		-	~~SECTION 1.~~ ~~Arkansas Code Title 6,~~ ~~Chapter 60,~~ ~~is amended to add an~~ 25
30		-	~~additional subchapter to read as follows:~~ 26
31		-	~~Subchapter 16 - Research and Education Protection Act of 2025.~~ 27
32		-	28
33		-	~~6-60-1601. Title.~~ 29
34		-	~~This subchapter shall be known and may be cited as~~ the ~~“Research and~~ 30
35		-	~~Education Protection Act of 2025".~~ 31
36		-	32
37		-	~~6-60-1602. Purpose.~~ 33
38		-	The ~~purpose of this subchapter is to protect Arkansas's research and~~ 34
39		-	~~educational systems from~~ the ~~malign influence~~ of ~~foreign adversaries.~~ 35
40		-	36 ~~As Engrossed: H3/5/25 H3/12/25~~ HB1561
	20	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
	21	+	19
	22	+	SECTION 1. Arkansas Code Title 6, Chapter 60, is amended to add an 20
	23	+	additional subchapter to read as follows: 21
	24	+	Subchapter 16 - Research and Education Protection Act of 2025. 22
	25	+	23
	26	+	6-60-1601. Title. 24
	27	+	This subchapter shall be known and may be cited as the “Research and 25
	28	+	Education Protection Act of 2025". 26
	29	+	27
	30	+	6-60-1602. Purpose. 28
	31	+	The purpose of this subchapter is to protect Arkansas's research and 29
	32	+	educational systems from the malign influence of foreign adversaries. 30
	33	+	31
	34	+	6-60-1603. Definitions. 32
	35	+	As used in this subchapter: 33
	36	+	(1) “Affiliate organization” means an entity under the control 34
	37	+	of or established for the benefit of an organization required to report 35
	38	+	under this subchapter, including without limitation a direct -support 36 HB1561
41	39
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	40	+	2 02/24/2025 1:29:02 PM CRH095
	41	+	organization; 1
	42	+	(2) “Agreement” means a written or spoken statement of mutual 2
	43	+	interest in a cultural exchange agreement or an academic or a research 3
	44	+	collaboration with a foreign adversary or an affiliate organization of a 4
	45	+	foreign adversary; 5
	46	+	(3) “Contract” means an agreement for the acquisition by 6
	47	+	purchase, lease, or barter of property or services for the direct benefit 7
	48	+	or use of either of the parties; 8
	49	+	(4) "Cultural exchange agreement" means an agreement between a 9
	50	+	foreign adversary or the State of Qatar and an institution of higher 10
	51	+	education that aims to promote cultural and intellectual relations; 11
	52	+	(5) “Direct-support organization” means an organization that is 12
	53	+	organized and operated to receive, hold, invest, and administer property 13
	54	+	and to make expenditures to or for the benefit of a: 14
	55	+	(A) State-supported institution of higher education; or 15
	56	+	(B) Research and development park or research and 16
	57	+	development authority affiliated with a state -supported institution of 17
	58	+	higher education; 18
	59	+	(6) “Endeavor” means to attempt or to try; 19
	60	+	(7) “Foreign adversary” means: 20
	61	+	(A) The People’s Republic of China; 21
	62	+	(B) The Russian Federation; 22
	63	+	(C) The Islamic Republic of Iran; 23
	64	+	(D) The Democratic People’s Republic of Korea; 24
	65	+	(E) The Republic of Cuba; 25
	66	+	(F) The Bolivarian Republic of Venezuela; 26
	67	+	(G) The Syrian Arab Republic; 27
	68	+	(H) A foreign terrorist organization designated by the 28
	69	+	United States Secretary of State in accordance with section 219 of the 29
	70	+	Immigration and Naturalization Act (INA), including without limitation an 30
	71	+	agent of or other entity under significant control of the foreign 31
	72	+	adversary; or 32
	73	+	(I) An entity designated by the United States Government; 33
	74	+	(8) “Foreign agent” means an officer, employee, proxy, servant, 34
	75	+	delegate, or representative of a foreign government; 35
	76	+	(9)(A) “Foreign government” means the government of a country, 36 HB1561
43	77
	78	+	3 02/24/2025 1:29:02 PM CRH095
	79	+	nation, or group of nations or a province or other political subdivision 1
	80	+	of a country or nation other than the United States. 2
	81	+	(B) "Foreign government" includes without limitation an 3
	82	+	agent of the government of a country, nation, or group of nations or a 4
	83	+	province or other political subdivision of a country or nation other than 5
	84	+	the United States; 6
	85	+	(10) “Foreign instrumentality” means an agency, bureau, 7
	86	+	ministry, component, institution, association, or any legal, commercial, 8
	87	+	or business organization, corporation, firm, or entity that is 9
	88	+	substantially owned, controlled, sponsored, commanded, managed, or 10
	89	+	dominated by a foreign government; 11
	90	+	(11)(A) “Gift” means: 12
	91	+	(i) A gift; 13
	92	+	(ii) An endowment; 14
	93	+	(iii) An award; 15
	94	+	(iv) A donation of money or property of any kind; or 16
	95	+	(v) Any combination of subdivisions (11)(A)(i) —(iv) 17
	96	+	of this section. 18
	97	+	(B) "Gift" includes without limitation a conditional or 19
	98	+	unconditional pledge of the gift, endowment, award, or donation. 20
	99	+	(C) For purposes of subdivision (11)(B) of this section, 21
	100	+	“pledge” means a promise, an agreement, or an expressed intention to give 22
	101	+	a gift; 23
	102	+	(12) “Institution of higher education” means: 24
	103	+	(A) A state-supported institution of higher education or 25
	104	+	an independent nonprofit college or university that is located in and 26
	105	+	charted by the state and grants baccalaureate or higher degrees; 27
	106	+	(B) Any other institution of higher education that has a 28
	107	+	physical presence in the state and is required to report foreign gifts or 29
	108	+	contracts pursuant to 20 U.S.C. §1011f; or 30
	109	+	(C) An affiliate organization of an institution of higher 31
	110	+	education; 32
	111	+	(13) “Obtain or use” means any manner of: 33
	112	+	(A) Taking or exercising control over property; 34
	113	+	(B) Making any unauthorized use, disposition, or transfer 35
	114	+	of property; 36 HB1561
44	115
45		-	6-60-1603. Definitions. 1
46		-	As used in this subchapter: 2
47		-	(1) “Affiliate organization” means an entity under the control 3
48		-	of or established for the benefit of an organization required to report 4
49		-	under this subchapter, including without limitation a direct -support 5
50		-	organization; 6
51		-	(2) “Agreement” means a written or spoken statement of mutual 7
52		-	interest in a cultural exchange agreement or an academic or a research 8
53		-	collaboration with a foreign adversary or an affiliate organization of a 9
54		-	foreign adversary; 10
55		-	(3) “Contract” means an agreement for the acquisition by 11
56		-	purchase, lease, or barter of property or services for the direct benefit 12
57		-	or use of either of the parties; 13
58		-	(4) "Cultural exchange agreement" means an agreement between a 14
59		-	foreign adversary and an institution of higher education that aims to 15
60		-	promote cultural and intellectual relations; 16
61		-	(5) “Direct-support organization” means an organization that is 17
62		-	organized and operated to receive, hold, invest, and administer property 18
63		-	and to make expenditures to or for the benefit of a: 19
64		-	(A) State-supported institution of higher education; or 20
65		-	(B) Research and development park or research and 21
66		-	development authority affiliated with a state -supported institution of 22
67		-	higher education; 23
68		-	(6) “Endeavor” means to attempt or to try; 24
69		-	(7) “Foreign adversary” means: 25
70		-	(A) The People’s Republic of China; 26
71		-	(B) The Russian Federation; 27
72		-	(C) The Islamic Republic of Iran; 28
73		-	(D) The Democratic People’s Republic of Korea; 29
74		-	(E) The Republic of Cuba; 30
75		-	(F) The Bolivarian Republic of Venezuela; 31
76		-	(G) The Syrian Arab Republic; 32
77		-	(H) A foreign terrorist organization designated by the 33
78		-	United States Secretary of State in accordance with section 219 of the 34
79		-	Immigration and Naturalization Act (INA), including without limitation an 35
80		-	agent of or other entity under significant control of the foreign 36 As Engrossed: H3/5/25 H3/12/25 HB1561
	116	+	4 02/24/2025 1:29:02 PM CRH095
	117	+	(C) Obtaining property by fraud, willful misrepresentation 1
	118	+	of a future act, or false promise; or 2
	119	+	(D) Conduct previously known as: 3
	120	+	(i) Stealing; 4
	121	+	(ii) Larceny; 5
	122	+	(iii) Purloining; 6
	123	+	(iv) Abstracting; 7
	124	+	(v) Embezzlement; 8
	125	+	(vi) Misapplication; 9
	126	+	(vii) Misappropriation; 10
	127	+	(viii) Conversion; 11
	128	+	(ix) Obtaining money or property by false pretenses, 12
	129	+	fraud, or deception; or 13
	130	+	(x) Other conduct similar in nature; 14
	131	+	(14) “Partnership” means a: 15
	132	+	(A) Faculty or student exchange program; 16
	133	+	(B) Study abroad program; 17
	134	+	(C) Matriculation program; 18
	135	+	(D) Recruiting program; or 19
	136	+	(E) Dual degree program; 20
	137	+	(15) “Person” means: 21
	138	+	(A) Any natural person; 22
	139	+	(B) A corporation; 23
	140	+	(C) A business trust; 24
	141	+	(D) An estate; 25
	142	+	(E) A trust; 26
	143	+	(F) A partnership; 27
	144	+	(G) An association; 28
	145	+	(H) A joint venture; 29
	146	+	(I) A government; 30
	147	+	(J) A governmental subdivision or agency; or 31
	148	+	(K) Any other legal or commercial entity; 32
	149	+	(16) "Research" means a scientific investigation or development 33
	150	+	that involves technologies, designs, or technical data considered 34
	151	+	sensitive enough to potentially impact national security, and therefore 35
	152	+	requires strict controls on the export or transfer to foreign entities, as 36 HB1561
81	153
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83		-
84		-
85		-	adversary; or 1
86		-	(I) An entity designated by the United States Government; 2
87		-	(8) “Foreign agent” means an officer, employee, proxy, servant, 3
88		-	delegate, or representative of a foreign government; 4
89		-	(9)(A) “Foreign government” means the government of a country, 5
90		-	nation, or group of nations or a province or other political subdivision 6
91		-	of a country or nation other than the United States. 7
92		-	(B) "Foreign government" includes without limitation an 8
93		-	agent of the government of a country, nation, or group of nations or a 9
94		-	province or other political subdivision of a country or nation other than 10
95		-	the United States; 11
96		-	(10) “Foreign instrumentality” means an agency, bureau, 12
97		-	ministry, component, institution, association, or any legal, commercial, 13
98		-	or business organization, corporation, firm, or entity that is 14
99		-	substantially owned, controlled, sponsored, commanded, managed, or 15
100		-	dominated by a foreign government; 16
101		-	(11)(A) “Gift” means: 17
102		-	(i) A gift; 18
103		-	(ii) An endowment; 19
104		-	(iii) An award; 20
105		-	(iv) A donation of money or property of any kind; or 21
106		-	(v) Any combination of subdivisions (11)(A)(i) —(iv) 22
107		-	of this section. 23
108		-	(B) "Gift" includes without limitation a conditional or 24
109		-	unconditional pledge of the gift, endowment, award, or donation. 25
110		-	(C) For purposes of subdivision (11)(B) of this section, 26
111		-	“pledge” means a promise, an agreement, or an expressed intention to give 27
112		-	a gift; 28
113		-	(12) “Institution of higher education” means: 29
114		-	(A) A state-supported institution of higher education or 30
115		-	an independent nonprofit college or university that is located in and 31
116		-	charted by the state and grants baccalaureate or higher degrees; 32
117		-	(B) Any other institution of higher education that has a 33
118		-	physical presence in the state and is required to report foreign gifts or 34
119		-	contracts pursuant to 20 U.S.C. §1011f; or 35
120		-	(C) An affiliate organization of an institution of higher 36 As Engrossed: H3/5/25 H3/12/25 HB1561
121		-
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123		-
124		-
125		-	education; 1
126		-	(13) “Obtain or use” means any manner of: 2
127		-	(A) Taking or exercising control over property; 3
128		-	(B) Making any unauthorized use, disposition, or transfer 4
129		-	of property; 5
130		-	(C) Obtaining property by fraud, willful misrepresentation 6
131		-	of a future act, or false promise; or 7
132		-	(D) Conduct previously known as: 8
133		-	(i) Stealing; 9
134		-	(ii) Larceny; 10
135		-	(iii) Purloining; 11
136		-	(iv) Abstracting; 12
137		-	(v) Embezzlement; 13
138		-	(vi) Misapplication; 14
139		-	(vii) Misappropriation; 15
140		-	(viii) Conversion; 16
141		-	(ix) Obtaining money or property by false pretenses, 17
142		-	fraud, or deception; or 18
143		-	(x) Other conduct similar in nature; 19
144		-	(14) “Partnership” means a: 20
145		-	(A) Faculty or student exchange program; 21
146		-	(B) Study abroad program; 22
147		-	(C) Matriculation program; 23
148		-	(D) Recruiting program; or 24
149		-	(E) Dual degree program; 25
150		-	(15) “Person” means: 26
151		-	(A) Any natural person; 27
152		-	(B) A corporation; 28
153		-	(C) A business trust; 29
154		-	(D) An estate; 30
155		-	(E) A trust; 31
156		-	(F) A partnership; 32
157		-	(G) An association; 33
158		-	(H) A joint venture; 34
159		-	(I) A government; 35
160		-	(J) A governmental subdivision or agency; or 36 As Engrossed: H3/5/25 H3/12/25 HB1561
161		-
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163		-
164		-
165		-	(K) Any other legal or commercial entity; 1
166		-	(16) "Research" means a scientific investigation or development 2
167		-	that involves technologies, designs, or technical data considered 3
168		-	sensitive enough to potentially impact national security, and therefore 4
169		-	requires strict controls on the export or transfer to foreign entities, as 5
170		-	outlined by the International Traffic in Arms Regulations and the Export 6
171		-	Administration regulations of the United States Government; and 7
172		-	(17) “Trade secret” means information, including a formula, 8
173		-	pattern, compilation, program, device, method, technique, or process, 9
174		-	that: 10
175		-	(i) Derives independent economic value, actual or 11
176		-	potential, from not being generally known to, and not being readily 12
177		-	ascertainable by proper means by, other persons who can obtain economic 13
178		-	value from its disclosure or use; and 14
179		-	(ii) Is the subject of efforts that are reasonable under 15
180		-	the circumstances to maintain its secrecy. 16
181		-	17
182		-	6-60-1604. Disclosure requirements for past gifts. 18
183		-	(a)(1) An institution of higher education that has received directly 19
184		-	or indirectly a gift with a value equal to or greater than two hundred 20
185		-	fifty thousand dollars ($250,000) from a foreign adversary after December 21
186		-	31, 2019, shall disclose the gift. 22
187		-	(2) The disclosure of a gift required under subdivision (a)(1) 23
188		-	of this section shall be made to the governing board of the institution of 24
189		-	higher education within sixty (60) days of the effective date of this 25
190		-	subchapter. 26
191		-	(b) Unless otherwise prohibited or deemed confidential under state or 27
192		-	federal law, the disclosure required under subdivision (a)(1) of this 28
193		-	section shall include without limitation the: 29
194		-	(1) Date of the gift; 30
195		-	(2) Amount of the gift; 31
196		-	(3) Purpose of the gift; 32
197		-	(4) Identification of the person for whom the gift is explicitly 33
198		-	intended to benefit; 34
199		-	(5) Applicable conditions, requirements, restrictions, or terms 35
200		-	made part of the gift; 36 As Engrossed: H3/5/25 H3/12/25 HB1561
201		-
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203		-
204		-
205		-	(6) Name and country of residence or domicile of the foreign 1
206		-	adversary; 2
207		-	(7) Name and mailing address of the disclosing entity; and 3
208		-	(8) Date of termination of the gift, as applicable. 4
209		-	(c) An institution of higher education shall maintain a public website 5
210		-	to disclose information on past gifts from a foreign adversary. 6
211		-	(d) For purposes of this section, a gift received from a foreign 7
212		-	adversary through an intermediary or affiliate organization, if known, is: 8
213		-	(1) An indirect gift to the institution of higher education; and 9
214		-	(2) Subject to the disclosure process described in this section. 10
215		-	(e) Upon a request of the Governor, the President of the Senate, or 11
216		-	the Speaker of the House of Representatives, the governing board of an 12
217		-	institution of higher education shall inspect or audit a past gift or gift 13
218		-	agreement. 14
219		-	15
220		-	6-60-1605. Approval requirements for future gifts. 16
221		-	(a) An institution of higher education that has been offered directly 17
222		-	or indirectly a gift with a value equal to or greater than two hundred 18
223		-	fifty thousand dollars ($250,000) from a foreign adversary after the 19
224		-	effective date of this subchapter shall disclose the proposed gift to the 20
225		-	governing board of the institution of higher education. 21
	154	+	5 02/24/2025 1:29:02 PM CRH095
	155	+	outlined by the International Traffic in Arms Regulations and the Export 1
	156	+	Administration regulations of the United States Government; and 2
	157	+	(17) “Trade secret” means information, including a formula, 3
	158	+	pattern, compilation, program, device, method, technique, or process, 4
	159	+	that: 5
	160	+	(i) Derives independent economic value, actual or 6
	161	+	potential, from not being generally known to, and not being readily 7
	162	+	ascertainable by proper means by, other persons who can obtain economic 8
	163	+	value from its disclosure or use; and 9
	164	+	(ii) Is the subject of efforts that are reasonable under 10
	165	+	the circumstances to maintain its secrecy. 11
	166	+	12
	167	+	6-60-1604. Disclosure requirements for past gifts. 13
	168	+	(a)(1) An institution of higher education that has received directly 14
	169	+	or indirectly a gift with a value equal to or greater than two hundred 15
	170	+	fifty thousand dollars ($250,000) from a foreign adversary or from the 16
	171	+	State of Qatar after December 31, 2019, shall disclose the gift. 17
	172	+	(2) The disclosure of a gift required under subdivision (a)(1) 18
	173	+	of this section shall be made to the governing board of the institution of 19
	174	+	higher education within sixty (60) days of the effective date of this 20
	175	+	subchapter. 21
226	176		(b) Unless otherwise prohibited or deemed confidential under state or 22
227		-	federal law, the disclosure required under ~~subsection~~ (a) of this ~~section~~ 23
228		-	shall include without limitation the: 24
	177	+	federal law, the disclosure required under subdivision (a)(1) of this 23
	178	+	section shall include without limitation the: 24
229	179		(1) Date of the gift; 25
230	180		(2) Amount of the gift; 26
231	181		(3) Purpose of the gift; 27
232	182		(4) Identification of the person for whom the gift is explicitly 28
233	183		intended to benefit; 29
234	184		(5) Applicable conditions, requirements, restrictions, or terms 30
235	185		made part of the gift; 31
236	186		(6) Name and country of residence or domicile of the foreign 32
237	187		adversary; 33
238	188		(7) Name and mailing address of the disclosing entity; and 34
239	189		(8) Date of termination of the gift, as applicable. 35
240		-	(c)~~(1) Within thirty (30) days~~ of ~~receiving the disclosure of the~~ 36 ~~As Engrossed: H3/5/25 H3/12/25~~ HB1561
	190	+	(c) An institution of higher education shall maintain a public website 36 HB1561
241	191
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	192	+	6 02/24/2025 1:29:02 PM CRH095
	193	+	to disclose information on past gifts from a foreign adversary or the 1
	194	+	State of Qatar. 2
	195	+	(d) For purposes of this section, a gift received from a foreign 3
	196	+	adversary through an intermediary or affiliate organization, if known, is: 4
	197	+	(1) An indirect gift to the institution of higher education; and 5
	198	+	(2) Subject to the disclosure process described in this section. 6
	199	+	(e) Upon a request of the Governor, the President of the Senate, or 7
	200	+	the Speaker of the House of Representatives, the governing board of an 8
	201	+	institution of higher education shall inspect or audit a past gift or gift 9
	202	+	agreement. 10
	203	+	11
	204	+	6-60-1605. Approval requirements for future gifts. 12
	205	+	(a) An institution of higher education that has been offered directly 13
	206	+	or indirectly a gift with a value equal to or greater than two hundred 14
	207	+	fifty thousand dollars ($250,000) from a foreign adversary or the State of 15
	208	+	Qatar after the effective date of this subchapter shall disclose the 16
	209	+	proposed gift to the governing board of the institution of higher 17
	210	+	education. 18
	211	+	(b) Unless otherwise prohibited or deemed confidential under state or 19
	212	+	federal law, the disclosure required under subsection (a) of this section 20
	213	+	shall include without limitation the: 21
	214	+	(1) Date of the gift; 22
	215	+	(2) Amount of the gift; 23
	216	+	(3) Purpose of the gift; 24
	217	+	(4) Identification of the person for whom the gift is explicitly 25
	218	+	intended to benefit; 26
	219	+	(5) Applicable conditions, requirements, restrictions, or terms 27
	220	+	made part of the gift; 28
	221	+	(6) Name and country of residence or domicile of the foreign 29
	222	+	adversary; 30
	223	+	(7) Name and mailing address of the disclosing entity; and 31
	224	+	(8) Date of termination of the gift, as applicable. 32
	225	+	(c)(1) Within thirty (30) days of receiving the disclosure of the 33
	226	+	proposed gift under subsection (a) of this section, the governing board of 34
	227	+	an institution of higher education shall issue a final decision to the 35
	228	+	institution of higher education on whether and under what conditions the 36 HB1561
243	229
	230	+	7 02/24/2025 1:29:02 PM CRH095
	231	+	institution of higher education may accept the gift. 1
	232	+	(2) The governing board of the institution of higher education 2
	233	+	shall reject a gift from a foreign adversary or the State of Qatar unless 3
	234	+	there is an overwhelming state or national interest in accepting the gift. 4
	235	+	(d)(1) The governing board of an institution of higher education shall 5
	236	+	develop: 6
	237	+	(A) A disclosure form; 7
	238	+	(B) Rules; and 8
	239	+	(C) Procedures for deciding whether to allow an 9
	240	+	institution of higher education to accept a gift from a foreign adversary 10
	241	+	or the State of Qatar. 11
	242	+	(2) A gift from a foreign adversary shall only be accepted if 12
	243	+	the gift addresses an overwhelming state or national interest beyond 13
	244	+	simply acquiring additional funds. 14
	245	+	(e) An institution of higher education shall maintain a public website 15
	246	+	to disclose information on accepted gifts from foreign adversaries or the 16
	247	+	State of Qatar. 17
	248	+	(f) For purposes of this section, a gift received from a foreign 18
	249	+	adversary through an intermediary shall be considered an indirect gift 19
	250	+	with the institution of higher education and is subject to the approval 20
	251	+	process described in this section. 21
	252	+	(g) Upon a request of the Governor, the President of the Senate, or 22
	253	+	the Speaker of the House of Representatives, the governing board of an 23
	254	+	institution of higher education shall inspect or audit a gift or gift 24
	255	+	agreement. 25
	256	+	26
	257	+	6-60-1606. Disclosure requirements for past contracts. 27
	258	+	(a) An institution of higher education that has entered directly or 28
	259	+	indirectly into a contract with a value equal to or greater than two 29
	260	+	hundred fifty thousand dollars ($250,000) with a foreign adversary or the 30
	261	+	State of Qatar after December 31, 2019, shall disclose the contract to the 31
	262	+	governing board of the institution of higher education within sixty (60) 32
	263	+	days following the effective date of this subchapter. 33
	264	+	(b) Unless otherwise prohibited or deemed confidential under state or 34
	265	+	federal law, the disclosure required under subsection (a) of this section 35
	266	+	shall include without limitation: 36 HB1561
244	267
245		-	proposed gift under subsection (a) of this section, the governing board of 1
246		-	an institution of higher education shall issue a final decision to the 2
247		-	institution of higher education on whether and under what conditions the 3
248		-	institution of higher education may accept the gift. 4
249		-	(2) The governing board of the institution of higher education 5
250		-	shall reject a gift from a foreign adversary unless there is an 6
251		-	overwhelming state or national interest in accepting the gift. 7
252		-	(d)(1) The governing board of an institution of higher education shall 8
253		-	develop: 9
254		-	(A) A disclosure form; 10
255		-	(B) Rules; and 11
256		-	(C) Procedures for deciding whether to allow an 12
257		-	institution of higher education to accept a gift from a foreign adversary. 13
258		-	(2) A gift from a foreign adversary shall only be accepted if 14
259		-	the gift addresses an overwhelming state or national interest beyond 15
260		-	simply acquiring additional funds. 16
261		-	(e) An institution of higher education shall maintain a public website 17
262		-	to disclose information on accepted gifts from foreign adversaries. 18
263		-	(f) For purposes of this section, a gift received from a foreign 19
264		-	adversary through an intermediary shall be considered an indirect gift 20
265		-	with the institution of higher education and is subject to the approval 21
266		-	process described in this section. 22
267		-	(g) Upon a request of the Governor, the President of the Senate, or 23
268		-	the Speaker of the House of Representatives, the governing board of an 24
269		-	institution of higher education shall inspect or audit a gift or gift 25
270		-	agreement. 26
271		-	27
272		-	6-60-1606. Disclosure requirements for past contracts. 28
273		-	(a) An institution of higher education that has entered directly or 29
274		-	indirectly into a contract with a value equal to or greater than two 30
275		-	hundred fifty thousand dollars ($250,000) with a foreign adversary after 31
276		-	December 31, 2019, shall disclose the contract to the governing board of 32
277		-	the institution of higher education within sixty (60) days following the 33
278		-	effective date of this subchapter. 34
279		-	(b) Unless otherwise prohibited or deemed confidential under state or 35
280		-	federal law, the disclosure required under subsection (a) of this section 36 As Engrossed: H3/5/25 H3/12/25 HB1561
	268	+	8 02/24/2025 1:29:02 PM CRH095
	269	+	(1) The date of the contract; 1
	270	+	(2) The amount of the contract; 2
	271	+	(3) The purpose of the contract; 3
	272	+	(4) The identification of the person for whom the contract is 4
	273	+	explicitly intended to benefit; 5
	274	+	(5) The applicable conditions, requirements, restrictions, or 6
	275	+	terms made part of the contract; 7
	276	+	(6) A copy of the contract; 8
	277	+	(7) The name and country of residence or domicile of the foreign 9
	278	+	adversary; 10
	279	+	(8) The name and mailing address of the disclosing entity; and 11
	280	+	(9) The date of termination of the contract, as applicable. 12
	281	+	(c) For purposes of this section, a contract entered with a foreign 13
	282	+	adversary or the State of Qatar through an intermediary or affiliate 14
	283	+	organization shall be considered an indirect contract to the institution 15
	284	+	of higher education and is subject to the disclosure process described in 16
	285	+	this section. 17
	286	+	(d) An institution of higher education shall maintain a public website 18
	287	+	to disclose information on contracts with a foreign adversary or the State 19
	288	+	of Qatar. 20
	289	+	(e) Upon the request of the Governor, the President of the Senate, or 21
	290	+	the Speaker of the House of Representatives, the governing board of an 22
	291	+	institution of higher education shall inspect or audit a past contract. 23
	292	+	24
	293	+	6-60-1607. Approval requirements for future contracts. 25
	294	+	(a) An institution of higher education that has been offered or has 26
	295	+	proposed directly or indirectly a contract with a value equal to or 27
	296	+	greater than two hundred fifty thousand dollars ($250,000) from or with a 28
	297	+	foreign adversary or the State of Qatar after the effective date of this 29
	298	+	subchapter shall disclose the proposed contract to the governing board of 30
	299	+	the institution of higher education before entering into the contract. 31
	300	+	(b) Unless otherwise prohibited or deemed confidential under state or 32
	301	+	federal law, the disclosure required under subsection (a) of this section 33
	302	+	shall include without limitation: 34
	303	+	(1) The date of the contract; 35
	304	+	(2) The amount of the contract; 36 HB1561
281	305
282		-	8 03-12-2025 10:56:59 CRH095
	306	+	9 02/24/2025 1:29:02 PM CRH095
	307	+	(3) The purpose of the contract; 1
	308	+	(4) The identification of the person for whom the contract is 2
	309	+	explicitly intended to benefit; 3
	310	+	(5) The applicable conditions, requirements, restrictions, or 4
	311	+	terms made part of the contract; 5
	312	+	(6) A copy of the contract; 6
	313	+	(7) The name and country of residence or domicile of the foreign 7
	314	+	adversary; 8
	315	+	(8) The name and mailing address of the disclosing entity; and 9
	316	+	(9) The date of termination of the contract as applicable. 10
	317	+	(c)(1) Within thirty (30) days of receiving the disclosure of the 11
	318	+	proposed contract under subsection (a) of this section, the governing 12
	319	+	board of an institution of higher education shall issue a final decision 13
	320	+	to the institution of higher education on whether and under what 14
	321	+	conditions the institution of higher education may enter into the 15
	322	+	contract. 16
	323	+	(2) The governing board of the institution of higher education 17
	324	+	shall reject a contract with a foreign adversary or the State of Qatar 18
	325	+	unless there is an overwhelming state or national interest in accepting or 19
	326	+	entering the contract. 20
	327	+	(d)(1) The governing board of an institution of higher education shall 21
	328	+	develop disclosure forms, rules, and procedures for deciding upon whether 22
	329	+	to allow institutions of higher education to enter into contracts from 23
	330	+	foreign adversaries and the State of Qatar. 24
	331	+	(2) A contract shall only be entered into if the contract 25
	332	+	addresses an overwhelming state or national interest. 26
	333	+	(e) An institution of higher education shall maintain a public website 27
	334	+	disclosing a contract from a foreign adversary or the State of Qatar 28
	335	+	described in this section, along with the final decision on whether to 29
	336	+	allow the relevant institution of higher education to enter into the 30
	337	+	contract. 31
	338	+	(f) For purposes of this section, a contract proposed from a foreign 32
	339	+	adversary or the State of Qatar through an intermediary or affiliate 33
	340	+	organization shall be considered an indirect contract with the institution 34
	341	+	of higher education and is subject to the approval process described in 35
	342	+	this section. 36 HB1561
283	343
	344	+	10 02/24/2025 1:29:02 PM CRH095
	345	+	(g) An institution of higher education shall maintain a public website 1
	346	+	to disclose information on contracts from foreign adversaries or the State 2
	347	+	of Qatar. 3
	348	+	(h) Upon a request of the Governor, the President of the Senate, or 4
	349	+	the Speaker of the House of Representatives, the governing board of an 5
	350	+	institution of higher education shall inspect or audit a contract 6
	351	+	agreement. 7
	352	+	8
	353	+	6-60-1608. Enforcement related to foreign gifts — Penalties — Rewards. 9
	354	+	(a) Upon receiving a referral from a compliance officer of an 10
	355	+	institution of higher education or a sworn complaint based upon 11
	356	+	substantive information and reasonable belief as defined in Arkansas law, 12
	357	+	the Department of Inspector General shall investigate an allegation of a 13
	358	+	violation of §§ 6-60-1605 — 6-60-1607. 14
	359	+	(b)(1) The department or compliance officer authorized by an 15
	360	+	institution of higher education may request records relevant to any 16
	361	+	reasonable suspicion of a violation of this subchapter. 17
	362	+	(2) An entity shall provide the requested records under 18
	363	+	subdivision (b)(1) of this section within ten (10) days after the request 19
	364	+	or a later date agreed to by the department. 20
	365	+	(c) An institution of higher education that knowingly fails to make a 21
	366	+	disclosure required under this subchapter or knowingly fails to provide 22
	367	+	records requested under subsection (b)(1) of this section is subject to, 23
	368	+	upon a final administration finding, a civil fine of: 24
	369	+	(1) Ten thousand dollars ($10,000) for a first violation; or 25
	370	+	(2) Twenty thousand dollars ($20,000) for a subsequent 26
	371	+	violation. 27
	372	+	(d) A whistleblower who reports an undisclosed foreign gift or 28
	373	+	contract from a foreign adversary or the State of Qatar to the appropriate 29
	374	+	inspector general may also report the undisclosed gift or contract to the 30
	375	+	Attorney General and retain whistleblower protection under the Arkansas 31
	376	+	Whistle-Blower Act, § 21-1-601 et seq. 32
	377	+	(e) Information reported under subsection (b) of this section is not 33
	378	+	confidential or exempt from examination or disclosure, except as otherwise 34
	379	+	provided by law. 35
	380	+	(f) The governing board an institution of higher education and the 36 HB1561
284	381
285		-	shall include without limitation: 1
286		-	(1) The date of the contract; 2
287		-	(2) The amount of the contract; 3
288		-	(3) The purpose of the contract; 4
289		-	(4) The identification of the person for whom the contract is 5
290		-	explicitly intended to benefit; 6
291		-	(5) The applicable conditions, requirements, restrictions, or 7
292		-	terms made part of the contract; 8
293		-	(6) A copy of the contract; 9
294		-	(7) The name and country of residence or domicile of the foreign 10
295		-	adversary; 11
296		-	(8) The name and mailing address of the disclosing entity; and 12
297		-	(9) The date of termination of the contract, as applicable. 13
298		-	(c) For purposes of this section, a contract entered with a foreign 14
299		-	adversary through an intermediary or affiliate organization shall be 15
300		-	considered an indirect contract to the institution of higher education and 16
301		-	is subject to the disclosure process described in this section. 17
302		-	(d) An institution of higher education shall maintain a public website 18
303		-	to disclose information on contracts with a foreign adversary. 19
304		-	(e) Upon the request of the Governor, the President of the Senate, or 20
305		-	the Speaker of the House of Representatives, the governing board of an 21
306		-	institution of higher education shall inspect or audit a past contract. 22
	382	+	11 02/24/2025 1:29:02 PM CRH095
	383	+	department may adopt rules to implement this section. 1
	384	+	2
	385	+	6-60-1609. Prohibition on certain cultural exchange agreements. 3
	386	+	(a) An institution of higher education shall not participate in a 4
	387	+	cultural exchange agreement with a foreign adversary or the State of Qatar 5
	388	+	or an entity controlled by a foreign adversary or the State of Qatar 6
	389	+	unless the institution of higher education: 7
	390	+	(1) Addresses an overwhelmingly underaddressed state or national 8
	391	+	need; and 9
	392	+	(2) Avoids: 10
	393	+	(A) Constraining the freedom of contract of the public 11
	394	+	entity; 12
	395	+	(B) Allowing the curricula or values of a program in the 13
	396	+	state to be directed, controlled, or influenced by the foreign adversary 14
	397	+	or the State of Qatar; or 15
	398	+	(C) Promoting an agenda detrimental to the safety or 16
	399	+	security of the state, residents of the state, or the United States. 17
	400	+	(b)(1) Before the execution of a cultural exchange agreement with a 18
	401	+	foreign adversary or the State of Qatar, the substance of the cultural 19
	402	+	exchange agreement shall be shared with the Department of the Inspector 20
	403	+	General. 21
	404	+	(2) If the department concludes that the cultural exchange 22
	405	+	agreement promotes an agenda detrimental to the safety or security of the 23
	406	+	state, the United States, or residents of the state, the institution of 24
	407	+	higher education shall not enter into the cultural exchange agreement. 25
	408	+	(c)(1) By December 1, 2026, and each December 1 thereafter, the 26
	409	+	governing board of an institution of higher education and the department 27
	410	+	shall submit a report to the Governor, the President Pro Tempore of the 28
	411	+	Senate, and the Speaker of the House of Representatives relating to 29
	412	+	partnerships and agreements of institutions of higher education made with 30
	413	+	educational institutions or other institutions based in foreign 31
	414	+	adversaries or the State of Qatar. 32
	415	+	(2) At a minimum, the report required by subdivision (c)(1) of 33
	416	+	this section shall include without limitation the following information 34
	417	+	for the previous fiscal year: 35
	418	+	(A) Data reflecting any program, agreement, partnership, 36 HB1561
	419	+
	420	+	12 02/24/2025 1:29:02 PM CRH095
	421	+	or contract between an institution of higher education and any college, 1
	422	+	university, or entity that is based in or controlled by a foreign 2
	423	+	adversary or the State of Qatar; 3
	424	+	(B) Data reflecting any office, campus, or physical 4
	425	+	location used or maintained by an institution of higher education in a 5
	426	+	foreign adversary or in the State of Qatar; and 6
	427	+	(C) The date on which any such program, agreement, 7
	428	+	partnership, or contract reported pursuant to subdivision (c)(2)(A) is 8
	429	+	expected to terminate. 9
	430	+	(d) Each institution of higher education shall submit the information 10
	431	+	required in subsection (c) of this section to the governing board of the 11
	432	+	institution of higher education and the department by July 1, 2026, and on 12
	433	+	each July 1 thereafter. 13
	434	+	(e)(1) A registered student organization or scholar association hosted 14
	435	+	by an institution of higher education shall not: 15
	436	+	(A) Accept a gift from a foreign adversary or the State of 16
	437	+	Qatar; 17
	438	+	(B) Enter into any contract or agreement with a foreign 18
	439	+	adversary or the State of Qatar; or 19
	440	+	(C) Be directed or controlled by the government of a 20
	441	+	foreign adversary or the State of Qatar. 21
	442	+	(2) A violation of subdivision (e)(1) of this section shall 22
	443	+	result in the institution of higher education ending any affiliation with 23
	444	+	the registered student organization. 24
	445	+	(3) For purposes of this subsection, member dues or fees shall 25
	446	+	not be considered a gift from or a contract or agreement with a foreign 26
	447	+	adversary or the State of Qatar. 27
	448	+	(f) The governing board of an institution of higher education and the 28
	449	+	department shall adopt rules to administer this section. 29
	450	+	30
	451	+	6-60-1610. Screening requirements for higher education hiring and 31
	452	+	research. 32
	453	+	(a) An institution of higher education or affiliate of an institution 33
	454	+	of higher education that has federal research expenditures of ten million 34
	455	+	dollars ($10,000,000) or more shall screen applicants who are citizens of 35
	456	+	a foreign adversary or the State of Qatar and are not permanent residents 36 HB1561
	457	+
	458	+	13 02/24/2025 1:29:02 PM CRH095
	459	+	of the United States prior to any final offer of employment or letter of 1
	460	+	invitation as follows: 2
	461	+	(1) Employment in: 3
	462	+	(A) Research positions; and 4
	463	+	(B) Graduate and undergraduate students applying for 5
	464	+	research positions; or 6
	465	+	(2) A position of a visiting researcher who is a citizen of a 7
	466	+	foreign adversary or the State of Qatar and is not a permanent resident of 8
	467	+	the United States. 9
	468	+	(b)(1) The screening required by subsection (a) of this section is 10
	469	+	required before offering the applicant a position of employment or of a 11
	470	+	visiting researcher. 12
	471	+	(2) At the discretion of the institution of higher education, 13
	472	+	other applicants for a position may be screened. 14
	473	+	(c) An applicant described in subsection (a) of this section shall 15
	474	+	submit: 16
	475	+	(1) A complete resume or curriculum vitae, including without 17
	476	+	limitation every institution of higher education attended; 18
	477	+	(2) All previous employment since the applicant’s eighteenth 19
	478	+	birthday; 20
	479	+	(3) A list of all published material for which the applicant 21
	480	+	received credit as an author, a researcher, or otherwise to which the 22
	481	+	applicant contributed significant research, writing, or editorial support; 23
	482	+	(4) A list of the applicant’s current and pending research 24
	483	+	funding from any source, including the name of the funder, amount, 25
	484	+	applicant’s role on the project, and brief description of the research; 26
	485	+	(5) A full disclosure of non -university professional activities, 27
	486	+	including any affiliation with an institution or program in a foreign 28
	487	+	adversary; 29
	488	+	(6) Other activities that bear on the qualifications appropriate 30
	489	+	for the position, including without limitation private or public sector 31
	490	+	experience, military service, or other appropriate experience; and 32
	491	+	(7) A list of all patents held and the country of record. 33
	492	+	(d) For an applicant who has been continually employed or enrolled in 34
	493	+	an institution of higher education in the United States for twenty (20) 35
	494	+	years or more, the resume may include employment history before the most 36 HB1561
	495	+
	496	+	14 02/24/2025 1:29:02 PM CRH095
	497	+	recent twenty (20) years. 1
	498	+	(e)(1) The president or chief administrative officer of the 2
	499	+	institution of higher education or affiliate of the institution of higher 3
	500	+	education shall designate a research compliance office to review all 4
	501	+	materials required in subsection (c) of this section. 5
	502	+	(2) The president or chief administrator of the institution of 6
	503	+	higher education shall take reasonable steps to verify information that 7
	504	+	includes without limitation: 8
	505	+	(A) Searching public listings of persons subject to 9
	506	+	sanctions or restrictions under federal law; 10
	507	+	(B) Submitting the applicant’s name and other identifying 11
	508	+	information to any federal agency reasonably willing to scrutinize the 12
	509	+	applicant for national security or counterespionage purposes; and 13
	510	+	(C) Any other steps deemed appropriate to the research 14
	511	+	compliance office under subdivision (e)(1) of this section. 15
	512	+	(3) The institution of higher education or affiliate of the 16
	513	+	institution of higher education may also create a process to approve 17
	514	+	applicants for hire based on a risk -based determination considering the: 18
	515	+	(A) Nature of the research; and 19
	516	+	(B) Background and ongoing affiliations of the applicant. 20
	517	+	(f)(1) The requirements of this section shall be completed before 21
	518	+	offering any position to an individual described in subsection (a) in any 22
	519	+	research position and before granting the individual any access to 23
	520	+	research data or activities or other sensitive data. 24
	521	+	(2) An applicant screened under this section shall not be 25
	522	+	employed in any research position if he or she fails to disclose a 26
	523	+	substantial educational, employment, or research activity, publication, or 27
	524	+	presentation at the time of submitting an application, unless the academic 28
	525	+	department head or his or her designee certifies in writing the substance 29
	526	+	of the nondisclosure and the reasons for disregarding the failure to 30
	527	+	disclose. 31
	528	+	32
	529	+	6-60-1611. Foreign adversary travel requirements. 33
	530	+	(a)(1) By January 1, 2026, each institution of higher education or 34
	531	+	affiliate organization of the institution of higher education that has 35
	532	+	federal research expenditures of ten million dollars ($10,000,000) or more 36 HB1561
	533	+
	534	+	15 02/24/2025 1:29:02 PM CRH095
	535	+	shall establish a foreign adversary travel approval and monitoring 1
	536	+	program. 2
	537	+	(2) The foreign adversary travel approval and monitoring program 3
	538	+	required under subdivision (a)(1) of this section shall require 4
	539	+	preapproval and screening by a research compliance office designated by 5
	540	+	the president or chief administrative officer of the institution of higher 6
	541	+	education or affiliate organization of the institution of higher education 7
	542	+	for any employment-related foreign travel to a foreign adversary country 8
	543	+	and employment-related foreign adversary activities engaged in by all 9
	544	+	faculty, researchers, and research department staff. 10
	545	+	(3) The requirement under subdivision (a)(2) of this section 11
	546	+	shall be in addition to any other travel approval process applicable to 12
	547	+	the state-supported institution of higher education or affiliate 13
	548	+	organization. 14
	549	+	(b) Preapproval for travel to a foreign adversary country by the 15
	550	+	research compliance office of the institution of higher education shall be 16
	551	+	based on: 17
	552	+	(1) The applicant’s review and acknowledgement of guidance 18
	553	+	published by the employing state -supported institution of higher education 19
	554	+	or affiliate organization of the institution of higher education that 20
	555	+	relates to: 21
	556	+	(A) Foreign adversaries and the State of Qatar; 22
	557	+	(B) Countries under sanction; or 23
	558	+	(C) Other restrictions or designations imposed by the 24
	559	+	state or the United States Government including without limitation: 25
	560	+	(i) Any federal licensing requirements; 26
	561	+	(ii) Customs rules; 27
	562	+	(iii) Export controls; 28
	563	+	(iv) Restrictions on taking university or entity 29
	564	+	property, including intellectual property, abroad; 30
	565	+	(v) Restrictions on presentations, teaching, and 31
	566	+	interactions with foreign adversary colleagues; and 32
	567	+	(vi) Other subjects important to the research and 33
	568	+	academic integrity of the institution of higher education; and 34
	569	+	(2) The binding commitment of the individual traveler not to 35
	570	+	violate the institution of higher education or affiliate organization of 36 HB1561
	571	+
	572	+	16 02/24/2025 1:29:02 PM CRH095
	573	+	the institution of higher education’s limitations on foreign adversary 1
	574	+	travel and activities abroad and to obey all applicable federal laws. 2
	575	+	(c)(1) The institution of higher education or affiliate organization 3
	576	+	of the institution of higher education shall maintain records of: 4
	577	+	(A) All foreign adversary travel requests and approvals; 5
	578	+	(B) Expenses reimbursed by the institution of higher 6
	579	+	education or affiliate organization of the institution of higher education 7
	580	+	during such foreign adversary travel including for travel, food, and 8
	581	+	lodging; and 9
	582	+	(C) Payments and honoraria received during the foreign 10
	583	+	adversary travel and activities, including for travel, food, and lodging. 11
	584	+	(2)(A) The institution of higher education shall also keep 12
	585	+	records of the purpose of the foreign adversary travel and any records 13
	586	+	related to the foreign activity review. 14
	587	+	(B) The records shall be retained for at least three (3) 15
	588	+	years or any longer period of time required by any other applicable state 16
	589	+	or federal law. 17
	590	+	(d) The institution of higher education shall provide an annual report 18
	591	+	to the governing board of the institution of higher education of foreign 19
	592	+	travel to a foreign adversary country or the State of Qatar listing the: 20
	593	+	(1) Individual traveler; 21
	594	+	(2) Foreign adversary location visited; and 22
	595	+	(3) Foreign adversary institution visited. 23
	596	+	24
	597	+	6-60-1612. Prohibitions on research partnerships. 25
	598	+	(a)(1) An institution of higher education shall only enter into a new 26
	599	+	partnership or renew an existing partnership with a foreign 27
	600	+	instrumentality if the institution of higher education maintains 28
	601	+	sufficient structural safeguards to protect the intellectual property of 29
	602	+	the institution of higher education. 30
	603	+	(2) The governing board of an institution of higher education 31
	604	+	shall notify an institution of higher education if the board determines 32
	605	+	the partnership meets the safeguard requirements required by this 33
	606	+	subsection. 34
	607	+	(3) The safeguard requirements under this subsection shall 35
	608	+	include without limitation the following: 36 HB1561
	609	+
	610	+	17 02/24/2025 1:29:02 PM CRH095
	611	+	(A) Compliance with all federal requirements, including 1
	612	+	the requirements of federal research sponsors and federal export control 2
	613	+	agencies, including regulations regarding international traffic in arms 3
	614	+	and export administration regulations, and economic and trade sanctions 4
	615	+	administered by the federal office of foreign assets control; 5
	616	+	(B) Annual formal institution -level programs for faculty 6
	617	+	on conflicts of interest and conflicts of commitment; 7
	618	+	(C) An overwhelming state interest to enter into the 8
	619	+	research or academic partnership; 9
	620	+	(D) Lack of alternative institutions to engage with for a 10
	621	+	similar research or academic partnership; and 11
	622	+	(E) A formalized foreign visitor process and uniform 12
	623	+	visiting scholar agreement. 13
	624	+	(b) The board shall have full discretion to reject or terminate any 14
	625	+	research partnership between an institution of higher education and an 15
	626	+	academic or research institution located in a foreign adversary or the 16
	627	+	State of Qatar at any time and for any purpose. 17
	628	+	18
	629	+	6-60-1613. Prohibitions related to trade secrets. 19
	630	+	A person who engages in willful misappropriation of a trade secret with 20
	631	+	the intent to benefit a foreign government, a foreign agent, or a foreign 21
	632	+	instrumentality shall be guilty, upon conviction, of a Class D felony. 22
307	633		23
308		-	6-60-~~1607~~. ~~Approval requirements~~ for ~~future contracts~~. 24
309		-	(a) ~~An institution~~ of ~~higher education that has been offered or has~~ 25
310		-	~~proposed directly or indirectly~~ a ~~contract with a value equal to or~~ 26
311		-	~~greater than two hundred fifty thousand dollars~~ (~~$250,000~~) ~~from~~ or ~~with~~ a 27
312		-	~~foreign adversary after the effective date of this subchapter shall~~ 28
313		-	~~disclose the proposed contract to the governing board~~ of ~~the institution~~ 29
314		-	~~of higher education before entering into the contract~~. 30
315		-	(b) ~~Unless otherwise prohibited or deemed confidential under state or~~ 31
316		-	~~federal law,~~ the ~~disclosure required under subsection (~~a~~) of this section~~ 32
317		-	~~shall include without limitation:~~ 33
318		-	~~(1) The date of the contract;~~ 34
319		-	(2) The ~~amount~~ of ~~the contract;~~ 35
320		-	~~(3) The purpose of the contract;~~ 36 ~~As Engrossed: H3/5/25 H3/12/25~~ HB1561
	634	+	6-60-1614. Penalties for violations related to intellectual property. 24
	635	+	(a) A person who violates § 6 -60-1613 commits theft of a trade secret 25
	636	+	and is guilty of a Class D felony. 26
	637	+	(b) A person who traffics in, or endeavors to traffic in, a trade 27
	638	+	secret that he or she knows or should know was obtained or used without 28
	639	+	authorization commits trafficking in a trade secret and is guilty of a 29
	640	+	Class D felony. 30
	641	+	(c) Whenever a person is charged with a violation of this act which 31
	642	+	was committed with the intent to benefit a foreign government, a foreign 32
	643	+	agent, or a foreign instrumentality, the offense for which the person is 33
	644	+	charged shall be reclassified as follows: 34
	645	+	(1) In the case of theft of a trade secret, from a Class D 35
	646	+	felony to a Class C felony; and 36 HB1561
321	647
322		-	9 03-12-2025 10:56:59 CRH095
323		-
324		-
325		-	(4) The identification of the person for whom the contract is 1
326		-	explicitly intended to benefit; 2
327		-	(5) The applicable conditions, requirements, restrictions, or 3
328		-	terms made part of the contract; 4
329		-	(6) A copy of the contract; 5
330		-	(7) The name and country of residence or domicile of the foreign 6
331		-	adversary; 7
332		-	(8) The name and mailing address of the disclosing entity; and 8
333		-	(9) The date of termination of the contract as applicable. 9
334		-	(c)(1) Within thirty (30) days of receiving the disclosure of the 10
335		-	proposed contract under subsection (a) of this section, the governing 11
336		-	board of an institution of higher education shall issue a final decision 12
337		-	to the institution of higher education on whether and under what 13
338		-	conditions the institution of higher education may enter into the 14
339		-	contract. 15
340		-	(2) The governing board of the institution of higher education 16
341		-	shall reject a contract with a foreign adversary unless there is an 17
342		-	overwhelming state or national interest in accepting or entering the 18
343		-	contract. 19
344		-	(d)(1) The governing board of an institution of higher education shall 20
345		-	develop disclosure forms, rules, and procedures for deciding upon whether 21
346		-	to allow institutions of higher education to enter into contracts from 22
347		-	foreign adversaries. 23
348		-	(2) A contract shall only be entered into if the contract 24
349		-	addresses an overwhelming state or national interest. 25
350		-	(e) An institution of higher education shall maintain a public website 26
351		-	disclosing a contract from a foreign adversary described in this section, 27
352		-	along with the final decision on whether to allow the relevant institution 28
353		-	of higher education to enter into the contract. 29
354		-	(f) For purposes of this section, a contract proposed from a foreign 30
355		-	adversary through an intermediary or affiliate organization shall be 31
356		-	considered an indirect contract with the institution of higher education 32
357		-	and is subject to the approval process described in this section. 33
358		-	(g) An institution of higher education shall maintain a public website 34
359		-	to disclose information on contracts from foreign adversaries. 35
360		-	(h) Upon a request of the Governor, the President of the Senate, or 36 As Engrossed: H3/5/25 H3/12/25 HB1561
361		-
362		-	10 03-12-2025 10:56:59 CRH095
363		-
364		-
365		-	the Speaker of the House of Representatives, the governing board of an 1
366		-	institution of higher education shall inspect or audit a contract 2
367		-	agreement. 3
368		-	4
369		-	6-60-1608. Enforcement related to foreign gifts — Penalties — Rewards. 5
370		-	(a) Upon receiving a referral from a compliance officer of an 6
371		-	institution of higher education or a sworn complaint based upon 7
372		-	substantive information and reasonable belief as defined in Arkansas law, 8
373		-	the Department of Inspector General shall investigate an allegation of a 9
374		-	violation of §§ 6-60-1605 — 6-60-1607. 10
375		-	(b)(1) The department or compliance officer authorized by an 11
376		-	institution of higher education may request records relevant to any 12
377		-	reasonable suspicion of a violation of this subchapter. 13
378		-	(2) An entity shall provide the requested records under 14
379		-	subdivision (b)(1) of this section within ten (10) days after the request 15
380		-	or a later date agreed to by the department. 16
381		-	(c) An institution of higher education that knowingly fails to make a 17
382		-	disclosure required under this subchapter or knowingly fails to provide 18
383		-	records requested under subsection (b)(1) of this section is subject to, 19
384		-	upon a final administration finding, a civil fine of: 20
385		-	(1) Ten thousand dollars ($10,000) for a first violation; or 21
386		-	(2) Twenty thousand dollars ($20,000) for a subsequent 22
387		-	violation. 23
388		-	(d) A whistleblower who reports an undisclosed foreign gift or 24
389		-	contract from a foreign adversary to the appropriate inspector general may 25
390		-	also report the undisclosed gift or contract to the Attorney General and 26
391		-	retain whistleblower protection under the Arkansas Whistle -Blower Act, § 27
392		-	21-1-601 et seq. 28
393		-	(e) Information reported under subsection (b) of this section is not 29
394		-	confidential or exempt from examination or disclosure, except as otherwise 30
395		-	provided by law. 31
396		-	(f) The governing board an institution of higher education and the 32
397		-	department may adopt rules to implement this section. 33
398		-	34
399		-	6-60-1609. Prohibition on certain cultural exchange agreements. 35
400		-	(a) An institution of higher education shall not participate in a 36 As Engrossed: H3/5/25 H3/12/25 HB1561
401		-
402		-	11 03-12-2025 10:56:59 CRH095
403		-
404		-
405		-	cultural exchange agreement with a foreign adversary or an entity 1
406		-	controlled by a foreign adversary unless the institution of higher 2
407		-	education: 3
408		-	(1) Addresses an overwhelmingly underaddressed state or national 4
409		-	need; and 5
410		-	(2) Avoids: 6
411		-	(A) Constraining the freedom of contract of the public 7
412		-	entity; 8
413		-	(B) Allowing the curricula or values of a program in the 9
414		-	state to be directed, controlled, or influenced by the foreign adversary; 10
415		-	or 11
416		-	(C) Promoting an agenda detrimental to the safety or 12
417		-	security of the state, residents of the state, or the United States. 13
418		-	(b)(1) Before the execution of a cultural exchange agreement with a 14
419		-	foreign adversary, the substance of the cultural exchange agreement shall 15
420		-	be shared with the Department of the Inspector General. 16
421		-	(2) If the department concludes that the cultural exchange 17
422		-	agreement promotes an agenda detrimental to the safety or security of the 18
423		-	state, the United States, or residents of the state, the institution of 19
424		-	higher education shall not enter into the cultural exchange agreement. 20
425		-	(c)(1) By December 1, 2026, and each December 1 thereafter, the 21
426		-	governing board of an institution of higher education and the department 22
427		-	shall submit a report to the Governor, the President Pro Tempore of the 23
428		-	Senate, and the Speaker of the House of Representatives relating to 24
429		-	partnerships and agreements of institutions of higher education made with 25
430		-	educational institutions or other institutions based in foreign 26
431		-	adversaries. 27
432		-	(2) At a minimum, the report required by subdivision (c)(1) of 28
433		-	this section shall include without limitation the following information 29
434		-	for the previous fiscal year: 30
435		-	(A) Data reflecting any program, agreement, partnership, 31
436		-	or contract between an institution of higher education and any college, 32
437		-	university, or entity that is based in or controlled by a foreign 33
438		-	adversary; 34
439		-	(B) Data reflecting any office, campus, or physical 35
440		-	location used or maintained by an institution of higher education in a 36 As Engrossed: H3/5/25 H3/12/25 HB1561
441		-
442		-	12 03-12-2025 10:56:59 CRH095
443		-
444		-
445		-	foreign adversary; and 1
446		-	(C) The date on which any such program, agreement, 2
447		-	partnership, or contract reported pursuant to subdivision (c)(2)(A) is 3
448		-	expected to terminate. 4
449		-	(d) Each institution of higher education shall submit the information 5
450		-	required in subsection (c) of this section to the governing board of the 6
451		-	institution of higher education and the department by July 1, 2026, and on 7
452		-	each July 1 thereafter. 8
453		-	(e)(1) A registered student organization or scholar association hosted 9
454		-	by an institution of higher education shall not: 10
455		-	(A) Accept a gift from a foreign adversary; 11
456		-	(B) Enter into any contract or agreement with a foreign 12
457		-	adversary; or 13
458		-	(C) Be directed or controlled by the government of a 14
459		-	foreign adversary. 15
460		-	(2) A violation of subdivision (e)(1) of this section shall 16
461		-	result in the institution of higher education ending any affiliation with 17
462		-	the registered student organization. 18
463		-	(3) For purposes of this subsection, member dues or fees shall 19
464		-	not be considered a gift from or a contract or agreement with a foreign 20
465		-	adversary. 21
466		-	(f) The governing board of an institution of higher education and the 22
467		-	department shall adopt rules to administer this section. 23
468		-	24
469		-	6-60-1610. Screening requirements for higher education hiring and 25
470		-	research. 26
471		-	(a) An institution of higher education or affiliate of an institution 27
472		-	of higher education that has federal research expenditures of ten million 28
473		-	dollars ($10,000,000) or more shall screen applicants who are citizens of 29
474		-	a foreign adversary and are not permanent residents of the United States 30
475		-	prior to any final offer of employment or letter of invitation as follows: 31
476		-	(1) Employment in: 32
477		-	(A) Research positions; and 33
478		-	(B) Graduate and undergraduate students applying for 34
479		-	research positions; or 35
480		-	(2) A position of a visiting researcher who is a citizen of a 36 As Engrossed: H3/5/25 H3/12/25 HB1561
481		-
482		-	13 03-12-2025 10:56:59 CRH095
483		-
484		-
485		-	foreign adversary and is not a permanent resident of the United States. 1
486		-	(b)(1) The screening required by subsection (a) of this section is 2
487		-	required before offering the applicant a position of employment or of a 3
488		-	visiting researcher. 4
489		-	(2) At the discretion of the institution of higher education, 5
490		-	other applicants for a position may be screened. 6
491		-	(c) An applicant described in subsection (a) of this section shall 7
492		-	submit: 8
493		-	(1) A complete resume or curriculum vitae, including without 9
494		-	limitation every institution of higher education attended; 10
495		-	(2) All previous employment since the applicant’s eighteenth 11
496		-	birthday; 12
497		-	(3) A list of all published material for which the applicant 13
498		-	received credit as an author, a researcher, or otherwise to which the 14
499		-	applicant contributed significant research, writing, or editorial support; 15
500		-	(4) A list of the applicant’s current and pending research 16
501		-	funding from any source, including the name of the funder, amount, 17
502		-	applicant’s role on the project, and brief description of the research; 18
503		-	(5) A full disclosure of non -university professional activities, 19
504		-	including any affiliation with an institution or program in a foreign 20
505		-	adversary; 21
506		-	(6) Other activities that bear on the qualifications appropriate 22
507		-	for the position, including without limitation private or public sector 23
508		-	experience, military service, or other appropriate experience; and 24
509		-	(7) A list of all patents held and the country of record. 25
510		-	(d) For an applicant who has been continually employed or enrolled in 26
511		-	an institution of higher education in the United States for twenty (20) 27
512		-	years or more, the resume may include employment history before the most 28
513		-	recent twenty (20) years. 29
514		-	(e)(1) The president or chief administrative officer of the 30
515		-	institution of higher education or affiliate of the institution of higher 31
516		-	education shall designate a research compliance office to review all 32
517		-	materials required in subsection (c) of this section. 33
518		-	(2) The president or chief administrator of the institution of 34
519		-	higher education shall take reasonable steps to verify information that 35
520		-	includes without limitation: 36 As Engrossed: H3/5/25 H3/12/25 HB1561
521		-
522		-	14 03-12-2025 10:56:59 CRH095
523		-
524		-
525		-	(A) Searching public listings of persons subject to 1
526		-	sanctions or restrictions under federal law; 2
527		-	(B) Submitting the applicant’s name and other identifying 3
528		-	information to any federal agency reasonably willing to scrutinize the 4
529		-	applicant for national security or counterespionage purposes; and 5
530		-	(C) Any other steps deemed appropriate to the research 6
531		-	compliance office under subdivision (e)(1) of this section. 7
532		-	(3) The institution of higher education or affiliate of the 8
533		-	institution of higher education may also create a process to approve 9
534		-	applicants for hire based on a risk -based determination considering the: 10
535		-	(A) Nature of the research; and 11
536		-	(B) Background and ongoing affiliations of the applicant. 12
537		-	(f)(1) The requirements of this section shall be completed before 13
538		-	offering any position to an individual described in subsection (a) in any 14
539		-	research position and before granting the individual any access to 15
540		-	research data or activities or other sensitive data. 16
541		-	(2) An applicant screened under this section shall not be 17
542		-	employed in any research position if he or she fails to disclose a 18
543		-	substantial educational, employment, or research activity, publication, or 19
544		-	presentation at the time of submitting an application, unless the academic 20
545		-	department head or his or her designee certifies in writing the substance 21
546		-	of the nondisclosure and the reasons for disregarding the failure to 22
547		-	disclose. 23
548		-	24
549		-	6-60-1611. Foreign adversary travel requirements. 25
550		-	(a)(1) By January 1, 2026, each institution of higher education or 26
551		-	affiliate organization of the institution of higher education that has 27
552		-	federal research expenditures of ten million dollars ($10,000,000) or more 28
553		-	shall establish a foreign adversary travel approval and monitoring 29
554		-	program. 30
555		-	(2) The foreign adversary travel approval and monitoring program 31
556		-	required under subdivision (a)(1) of this section shall require 32
557		-	preapproval and screening by a research compliance office designated by 33
558		-	the president or chief administrative officer of the institution of higher 34
559		-	education or affiliate organization of the institution of higher education 35
560		-	for any employment-related foreign travel to a foreign adversary country 36 As Engrossed: H3/5/25 H3/12/25 HB1561
561		-
562		-	15 03-12-2025 10:56:59 CRH095
563		-
564		-
565		-	and employment-related foreign adversary activities engaged in by all 1
566		-	faculty, researchers, and research department staff. 2
567		-	(3) The requirement under subdivision (a)(2) of this section 3
568		-	shall be in addition to any other travel approval process applicable to 4
569		-	the state-supported institution of higher education or affiliate 5
570		-	organization. 6
571		-	(b) Preapproval for travel to a foreign adversary country by the 7
572		-	research compliance office of the institution of higher education shall be 8
573		-	based on: 9
574		-	(1) The applicant’s review and acknowledgement of guidance 10
575		-	published by the employing state -supported institution of higher education 11
576		-	or affiliate organization of the institution of higher education that 12
577		-	relates to: 13
578		-	(A) Foreign adversaries; 14
579		-	(B) Countries under sanction; or 15
580		-	(C) Other restrictions or designations imposed by the 16
581		-	state or the United States Government including without limitation: 17
582		-	(i) Any federal licensing requirements; 18
583		-	(ii) Customs rules; 19
584		-	(iii) Export controls; 20
585		-	(iv) Restrictions on taking university or entity 21
586		-	property, including intellectual property, abroad; 22
587		-	(v) Restrictions on presentations, teaching, and 23
588		-	interactions with foreign adversary colleagues; and 24
589		-	(vi) Other subjects important to the research and 25
590		-	academic integrity of the institution of higher education; and 26
591		-	(2) The binding commitment of the individual traveler not to 27
592		-	violate the institution of higher education or affiliate organization of 28
593		-	the institution of higher education’s limitations on foreign adversary 29
594		-	travel and activities abroad and to obey all applicable federal laws. 30
595		-	(c)(1) The institution of higher education or affiliate organization 31
596		-	of the institution of higher education shall maintain records of: 32
597		-	(A) All foreign adversary travel requests and approvals; 33
598		-	(B) Expenses reimbursed by the institution of higher 34
599		-	education or affiliate organization of the institution of higher education 35
600		-	during such foreign adversary travel including for travel, food, and 36 As Engrossed: H3/5/25 H3/12/25 HB1561
601		-
602		-	16 03-12-2025 10:56:59 CRH095
603		-
604		-
605		-	lodging; and 1
606		-	(C) Payments and honoraria received during the foreign 2
607		-	adversary travel and activities, including for travel, food, and lodging. 3
608		-	(2)(A) The institution of higher education shall also keep 4
609		-	records of the purpose of the foreign adversary travel and any records 5
610		-	related to the foreign activity review. 6
611		-	(B) The records shall be retained for at least three (3) 7
612		-	years or any longer period of time required by any other applicable state 8
613		-	or federal law. 9
614		-	(d) The institution of higher education shall provide an annual report 10
615		-	to the governing board of the institution of higher education of foreign 11
616		-	travel to a foreign adversary country listing the: 12
617		-	(1) Individual traveler; 13
618		-	(2) Foreign adversary location visited; and 14
619		-	(3) Foreign adversary institution visited. 15
620		-	16
621		-	6-60-1612. Prohibitions on research partnerships. 17
622		-	(a)(1) An institution of higher education shall only enter into a new 18
623		-	partnership or renew an existing partnership with a foreign 19
624		-	instrumentality if the institution of higher education maintains 20
625		-	sufficient structural safeguards to protect the intellectual property of 21
626		-	the institution of higher education. 22
627		-	(2) The governing board of an institution of higher education 23
628		-	shall notify an institution of higher education if the board determines 24
629		-	the partnership meets the safeguard requirements required by this 25
630		-	subsection. 26
631		-	(3) The safeguard requirements under this subsection shall 27
632		-	include without limitation the following: 28
633		-	(A) Compliance with all federal requirements, including 29
634		-	the requirements of federal research sponsors and federal export control 30
635		-	agencies, including regulations regarding international traffic in arms 31
636		-	and export administration regulations, and economic and trade sanctions 32
637		-	administered by the federal office of foreign assets control; 33
638		-	(B) Annual formal institution -level programs for faculty 34
639		-	on conflicts of interest and conflicts of commitment; 35
640		-	(C) An overwhelming state interest to enter into the 36 As Engrossed: H3/5/25 H3/12/25 HB1561
641		-
642		-	17 03-12-2025 10:56:59 CRH095
643		-
644		-
645		-	research or academic partnership; 1
646		-	(D) Lack of alternative institutions to engage with for a 2
647		-	similar research or academic partnership; and 3
648		-	(E) A formalized foreign visitor process and uniform 4
649		-	visiting scholar agreement. 5
650		-	(b) The board shall have full discretion to reject or terminate any 6
651		-	research partnership between an institution of higher education and an 7
652		-	academic or research institution located in a foreign adversary at any 8
653		-	time and for any purpose. 9
654		-	10
655		-	6-60-1613. Prohibitions related to trade secrets. 11
656		-	A person who engages in willful misappropriation of a trade secret with 12
657		-	the intent to benefit a foreign government, a foreign agent, or a foreign 13
658		-	instrumentality shall be guilty, upon conviction, of a Class D felony. 14
659		-	15
660		-	6-60-1614. Penalties for violations related to intellectual property. 16
661		-	(a) A person who violates § 6 -60-1613 commits theft of a trade secret 17
662		-	and is guilty of a Class D felony. 18
663		-	(b) A person who traffics in, or endeavors to traffic in, a trade 19
664		-	secret that he or she knows or should know was obtained or used without 20
665		-	authorization commits trafficking in a trade secret and is guilty of a 21
666		-	Class D felony. 22
667		-	(c) Whenever a person is charged with a violation of this act which 23
668		-	was committed with the intent to benefit a foreign government, a foreign 24
669		-	agent, or a foreign instrumentality, the offense for which the person is 25
670		-	charged shall be reclassified as follows: 26
671		-	(1) In the case of theft of a trade secret, from a Class D 27
672		-	felony to a Class C felony; and 28
673		-	(2) In the case of trafficking in trade secrets, from a Class D 29
674		-	felony to a Class C felony. 30
675		-	31
676		-	6-60-1615. Duties related to foreign adversary software — Rules. 32
677		-	(a) The governing board of an institution of higher education shall 33
678		-	conduct a thorough review of all software and software platforms used by 34
679		-	an institution of higher education that may be linked to foreign 35
680		-	adversaries. 36 As Engrossed: H3/5/25 H3/12/25 HB1561
681		-
682		-	18 03-12-2025 10:56:59 CRH095
683		-
684		-
685		-	(b) The board shall: 1
686		-	(1) Develop a plan to eliminate the usage of software and 2
687		-	software platforms hosted, operated, or owned by foreign adversary 3
688		-	countries; and 4
689		-	(2) Adopt policies that prohibit the future utilizing or 5
690		-	contracting with entities domiciled in, or controlled or owned by 6
691		-	companies or other entities domiciled in foreign adversary countries that 7
692		-	host, operate, or own software and software platforms. 8
693		-	9
694		-	SECTION 2. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 10
695		-	this act or the application of this act to any person or circumstance is 11
696		-	held invalid, the invalidity shall not affect other provisions or 12
697		-	applications of this act which can be given effect without the invalid 13
698		-	provision or application, and to this end, the provisions of this act are 14
699		-	declared severable. 15
700		-	16
701		-	/s/Painter 17
702		-	18
703		-	19
704		-	APPROVED: 4/8/25 20
705		-	21
706		-	22
707		-	23
	648	+	18 02/24/2025 1:29:02 PM CRH095
	649	+	(2) In the case of trafficking in trade secrets, from a Class D 1
	650	+	felony to a Class C felony. 2
	651	+	3
	652	+	6-60-1615. Duties related to foreign adversary software — Rules. 4
	653	+	(a) The governing board of an institution of higher education shall 5
	654	+	conduct a thorough review of all software and software platforms used by 6
	655	+	an institution of higher education that may be linked to foreign 7
	656	+	adversaries. 8
	657	+	(b) The board shall: 9
	658	+	(1) Develop a plan to eliminate the usage of software and 10
	659	+	software platforms hosted, operated, or owned by foreign adversary 11
	660	+	countries; and 12
	661	+	(2) Adopt policies that prohibit the future utilizing or 13
	662	+	contracting with entities domiciled in, or controlled or owned by 14
	663	+	companies or other entities domiciled in foreign adversary countries that 15
	664	+	host, operate, or own software and software platforms. 16
	665	+	17
	666	+	SECTION 2. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 18
	667	+	this act or the application of this act to any person or circumstance is 19
	668	+	held invalid, the invalidity shall not affect other provisions or 20
	669	+	applications of this act which can be given effect without the invalid 21
	670	+	provision or application, and to this end, the provisions of this act are 22
	671	+	declared severable. 23
708	672		24
709	673		25
710	674		26
711	675		27
712	676		28
713	677		29
714	678		30
715	679		31
716	680		32
717	681		33
718	682		34
719	683		35
720	684		36