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ENGROSSED HOUSE
BILL NO. 1181 By: McCall and Lepak of the
House
and
Dahm of the Senate
An Act relating to state operations and academic
research; creating the Research, Education, and
Government Operations Protection Act of 2024;
providing definitions; requiring disclosure of
certain gifts to state agencies, political
subdivisions, institutions of K-12 education, and
institutions of higher education; directing the
Office of the Attorney General to maintain certain
web portal to disclose certain past gifts; providing
approval requirements for future gifts from countries
of concern; directing for disclosure of certain past
contracts from countries of concern; providing
approval requirements for future contracts from
countries of concern; d irecting for certain
investigations by the Office of the Attorney General ;
providing penalty for failure to make certain
disclosures; providing for whistle-blower
protections; clarifying no exceptions for certain
information from Open Records requests ; permitting
certain state agencies to adopt rules; prohibiting
certain cultural exchange agreements with countries
of concern or related entities; providing
requirements for certain cultural exchange
agreements; directing for certain submissio n of
information; directing for submission of report s by
the Oklahoma State Re gents for Higher Educa tion and
the Oklahoma State Department of Education; providing
minimum report contents; prohibiting certain students
or scholars from accepting ce rtain gifts or grants;
directing that certain agreements prioritize
partnerships with The Republic of China; directing
the Oklahoma State Regents for Higher Education and
the Oklahoma State Department of Education to ad opt
regulations and rules; requiring certain institutions
of higher education to make certain screenings of
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applicants seeking employment in research or
research-related positions; requiring submission of
certain information for employment screenings;
directing for designated research integrity office to
review certain materials and take certain reasonable
steps to verify certain information; clarifying that
requirements must be completed before interviewing or
offering certain positions; directing research
integrity official to report certain information to
Federal Bureau of Investigation; directing for
certain operation audit regarding implementation of
law; directing certain institutions establish an
international travel approval and monitoring program;
providing requirements for preapproval of applicants;
requiring state university or affiliate maintains of
certain records; directing state university or entity
provide annual report of foreign travel to co untries
of concern; directing institutions of higher
education to adopt policy prioritizing foreign
researchers from allied nations and joint projects
with allied nations; provid ing requirements for
institutions of higher education to en ter into new or
renew academic partnerships with institutions in
countries of concern; permitting Oklahoma State
Regents for Higher Ed ucation to terminate certain
partnerships; prohibiting the use, obtaining, or
endeavor to obtain or use trade secrets; establishing
penalties; directing for the Governor to appoint
qualified person to be responsible for and submit The
Report on Foreign Inf luence on Higher Education;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10001 of Title 70, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and cited as the "Research, Education,
and Government Operations Protection Act of 2024 ".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10002 of Title 70, unless there
is created a duplication in numberin g, reads as follows:
A. As used in this section of the Research, Education, and
Government Operations Protection Act of 2024 :
1. "Affiliate organization " shall mean any entit y under the
control of or established for the benefit o f an organization
required to report under thi s section, including a direct-support
organization;
2. "Contract" shall mean any agreement for the acquisition by
purchase, lease, or barter of property or services, for the direct
benefit or use of either of t he parties;
3. "Country of concern" shall mean any country designated by
the United States Secretary of State as hostile or a Country of
Particular Concern (CPC);
4. "Direct-support organization " shall mean an organization
which is organized and operated to receive, hold, inves t, and
administer property and to make expenditures to or for the benefit
of a state college, university or other educational institu tion or
for the benefit of a research and development park or research and
development authority affiliated with a state co llege or university
or other educational institution;
5. "Foreign government" shall mean the government of any
country, nation, or group of nations, or any province or other
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political subdivision of any country or nation, o ther than the
government of the United States, including any agent of such foreign
government;
6. "Foreign source" shall mean any of the following:
a. a foreign government or an agency of a foreign
government,
b. a legal entity, governmental or otherwise, created
solely under the laws o f a foreign state or states,
c. an individual who is not a citizen or a national of
the United States or a territory or protectorate of
the United States,
d. a partnership, association, corporation, organization,
or any other combination of persons organiz ed under
the laws of or having its principal place of business
in a country of concern or subsidiary of such entity,
e. an agent, including a subsidiary or an affiliate of a
foreign legal entity, acting on behalf of a foreign
source,
f. a political party or member of a political party. For
the purposes of this subparagraph, the term "political
party" means an organization or combination of
individuals whose aim or purpose is, or who is engaged
in any activity devoted in whole or in part to, the
establishment, administration, control, or acquisition
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of administration or control of a government of a
country of concern or a subdivision thereof, or the
furtherance or influencing of the political or public
interest, policies, or rel ations of a government of a
country of concern of subdivision thereof, and
g. a program operated for the benefit of a g overnment or
political party of a country of concern, including but
not limited to the Thousand Talents Program, any
program affiliated w ith United Front operations, a ny
program affiliated with a country of concern's
ministry of education ;
7. "Gift" shall mean any gift, grant, endowment, award, or
donation of money or property of any kind, or any combination
thereof, including a conditiona l or unconditional pledge of s uch
gift, endowment, award, or donation. For purposes of this
definition, the term "pledge" shall mean a promise, an agreement, or
an expressed intention to give a gift, and "grant" shall mean a
transfer of money for a specifi ed purpose, including a condi tional
gift;
8. "Institution of higher education" shall mean a state
college or university or an independent nonprofit college or
university that is located in and charted by the state and grants
baccalaureate or higher degre es, or any other institution t hat has a
physical presence in the state and is required to report foreign
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gifts or contracts pursuant to 20 U.S.C. Section 1011f, or an
affiliate organization to a covered institution ;
9. "Institution of K-12 education" shall mean any public or
private school in the State of Oklahoma that provides education at
any point from kindergarten through the twelfth grade;
10. "Interest" in an entity shall mean any direct or indirect
investment in or loan to the e ntity valued at five percent (5%) or
more of the entity's net worth, or any form of direct or indirect
control exerting similar or greater influence on the governance of
the entity; and
11. "State agency or political subdivision " shall mean any
agency or unit of state or local governme nt created or established
by law.
B. 1. Any state agency, political subdivision, institution of
K-12 education, or institution of higher education that has received
directly or indirectly any gift with any value from any foreign
source from a country of c oncern after December 31, 2013, shall
disclose such gifts:
a. state agencies and political subdivisions sha ll
disclose such gifts to the Office of the Attorney
General within sixty (60) days after the effective
date of this act,
b. institutions of K-12 education shall disclose such
gifts to the Oklahoma State Department of Education
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and to the Office of the Attorney General within sixty
(60) days after the effective date of this act, and
c. institutions of higher education shall disclose such
gifts to the Oklahoma State Regents for Higher
Education and to the Office of the Attorney General
within sixty (60) days after the effective date of
this act.
2. Unless otherwise prohibited or deemed confidential under
state or federal law, such disclosure shall incl ude the date of the
gift, the amount of the gift, the purpose of the gift, the
identification of the persons for whom the gift is explicitly
intended to benefit, any applicable conditions, requirements,
restrictions, or terms made part of the gift, the nam e and country
of residence or domicile of the foreign source, the name and mailing
address of the disclosing entity, and, as applicable, the date of
termination of the gift .
3. The Office of the Attorney General shall maintain a public
web portal to disclose information on past gifts from countries of
concern.
4. For purposes of this section, a gift received f rom a
foreign source through an intermediary or affiliate organization
shall be considered an indirect gift to the state agency or
political subdivision, and is subject to the disclosure process
described in this section.
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5. Upon the request of the Govern or, the President Pro Tempore
of the Oklahoma State Senate, or the Speaker of the Oklahoma House
of Representatives, the Office of the Attorney General , as
applicable, must inspect or audit a past gift or gift agreement.
C. 1. Any state agency, political subdivision, institution of
K-12 education or institution of higher education that has been
offered directly or indirectly any gift with any value from a
foreign source from a country of concern after the effective date of
this act shall disclose such gif t:
a. state agencies and other political subdivisions shall
disclose such gifts to the Office of the Attorney
General before accepting such gift ,
b. institutions of K-12 education shall disclose such
gifts to the Oklahoma State Board of Education and to
the Office of the Attorney General before accepting
such gift, and
c. institutions of higher education shall disclose such
gifts to the Oklahoma State Regent s for Higher
Education and to the Office of the Attorney General
before accepting such gift.
2. Unless otherwise prohibited or deemed confidential under
state or federal law, such disclosure shall include the date of the
gift, the amount of the gift, the purpose of the gift, the
identification of the persons for whom the gift is explicitly
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intended to benefit, any applicable conditions, requirements,
restrictions, or terms made part of the gift, the name and country
of residence or domicile of the foreign source, th e name and mailing
address of the disclosing entity, and, as appli cable, the date of
termination of the gift.
3. Within thirty (30) days of receiving the disclosure of the
proposed gift, the Office of the Attorney General shall issue a
final decision to the relevant state agency, political subdivision,
institution of K-12 education or institu tion of higher education on
whether and under what conditions the relevant state agency,
political subdivision, institution of K -12 education or institution
of higher education may accept the gift:
a. the Office of the Attorney General shall develop
disclosure forms, rules, and procedures for deciding
upon whether to allow state agencies or political
subdivisions to accept gifts from countries of
concern, and
b. the Office of the Attorney General shall maintain a
public web portal disclosing proposed gifts from
countries of concern described in this section, along
with the final decision on whether to allow the
relevant state agency or political subdivision to
accept the gift.
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4. The Office of the Attorney General shall maintain a public
web portal to disclose information on proposed and accepted gifts
from countries of concern .
5. For purposes of this section, a gift received from a
foreign source through an intermedia ry shall be considered an
indirect gift with the state agency or political subdivision, a nd is
subject to the approval process described in this section .
6. Upon the request of the Governor, the President Pro Tempore
of the Oklahoma State Senate, or the Speaker of the Oklahoma House
of Representatives, the Office of the Attorney General, as
applicable, must inspect or audit a gift or gift agreement .
D. 1. Any state agency, political subdivision, institution of
K-12 education, or institution of higher ed ucation that has entered
into directly or indirectly any contract with any value from any
foreign source from a country of concern after December 31, 2013,
shall disclose such contracts :
a. state agencies and political subdivisions shall
disclose such contracts to the Office of the Attorney
General within sixty (60) days after the effective
date of this act,
b. institutions of K-12 education shall disclose such
contracts to the Oklahoma State Board of Education and
to the Office of the Attorney General within sixty
(60) days after the effective date of this act, and
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c. institutions of higher ed ucation shall disclose such
contracts to the Oklahoma State Regents for Higher
Education and to the Office of the Attorney General
within sixty (60) days after the eff ective date of
this act.
2. Unless otherwise prohibited or deemed confidential under
state or federal law, such disclosure shall include the date of the
contract, the amount of the contract, the purpose of the contract,
the identification of the persons f or whom the contract is
explicitly intended to benefit, any applicable conditions,
requirements, restrictions, or terms made part of the contract, a
copy of the contract, the name and country of residence or domicile
of the foreign source, the name and mai ling address of the
disclosing entity, and, as applicable, the date of termination of
the contract.
3. For purposes of this section, a contract entered into with
a foreign source through an intermediary or affiliate organization
shall be considered an ind irect contract to the state agency,
political subdivision, institution of K-12 education or institution
of higher education and is subject to the disclosure process
described in this section .
4. The Office of the Attorney General shall maintain a public
web portal to disclose information on past proposed and entered into
contracts from countr ies of concern.
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5. Upon the request of the Governor, the President Pro Tempore
of the Oklahoma State Senate, or the Speaker of the Oklahoma House
of Representatives, the Office of the Attorney General, as
applicable, must inspect or audit a past contract.
E. 1. Any state agency, political subdivision, institution of
K-12 education or institution of higher education that has been
offered or has proposed directly or in directly any contract with any
value from or with a foreign source from a countr y of concern after
the effective date of this act shall disclose such proposed
contract:
a. state agencies and other political subdivisions shall
disclose such contract to the Office of the Attorney
General before entering into such contract,
b. institutions of K-12 education shall disclose such
contract to the Oklahoma State Department of Education
and to the Office of the Attorney General before
entering into such contract , and
c. institutions of higher education shall disclose such
contract to the Oklahoma State Regents for Higher
Education and to the Office of the Attorney General
before entering into such contract .
2. Unless otherwise prohibited or deemed confidential under
state or federal law, such disclosure shall include the date of the
gift, the amount of the gift, the purpose of the gift, the
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identification of the persons for whom the gift is explicitly
intended to benefit, any applicable conditions, requirements,
restrictions, or terms made part of the gift, the name and country
of residence or domicile of the foreign source, the name and mailing
address of the disclosing entity, and, as applicable, the date of
termination of the gift .
3. Within thirty (30) days of receiving the disclosure of the
proposed gift, the Office of the Attorney General shall issue a
final decision to the relevant state agency, political subdivision,
institution of K-12 education or institution of higher education on
whether and under what con ditions the relevant state agency,
political subdivision, instituti on of K-12 education or institution
of higher education may accept the gift :
a. the Office of the Attorney General shall develop
disclosure forms, rules, and procedures for deciding
upon whether to allow state agencies or political
subdivisions to accept g ifts from countries of
concern, and
b. the Office of the Attorney General shall maintain a
public web portal disclosing proposed gifts from
countries of concern described in this section, a long
with the final decision on whether to allow the
relevant state agency or political subdivision to
accept the gift.
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4. For purposes of this section, a contract proposed from a
foreign source through an intermediary or affiliate organization
shall be considered an indirect contract with the state agency,
political subdivision, institution of K-12 education or institution
of higher education and is subject to the approval process described
in this section.
5. The Office of the Attorney General shall maintain a public
web portal to disclose information on past proposed and entered into
contracts from countries of concern.
6. Upon the request of the Governor, the President Pro Tempore
of the Oklahoma State Senate, or the Speaker of the Oklahoma House
of Representatives, the Office of the Attorney General, as
applicable, must inspect or aud it a contract agreement.
F. 1. Upon receiving a referral from an inspector general or
other compliance officer of a state agency or political subdivision
or any sworn complaint based upon substantive information and
reasonable belief, the Office of the Attorney General must
investigate an allegation of violation of this act:
The Office of the Attorney General , an inspector general, or any
other agent or compliance office r authorized by a state agency or
political subdivision may request records relevant to any reasonable
suspicion of a violation of this act. An entity must provide the
required records within ten (10) days after such request or at a
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later time agreed to b y the investigating state agency or political
subdivision.
2. Failure to make a discl osure required under this act or
failure to provide records requested under paragraph 1 of this
subsection constitutes a civil violation punishable upon a final
administrative finding with a fine of Ten Thousand Dollars
($10,000.00) for a first violation or Twenty Thousand Dollars
($20,000.00) for any subsequent violation.
3. In addition to any fine assessed und er paragraph 2 of this
subsection, a final order determining a violation by a state agency
or political subdivision must include a determination of th e
identity of the officer responsible for acceptance of the
undisclosed gift. Such order must also include a referral by the
Office of the Attorney General to the Governor or other officer
authorized to suspend or remove from public office the officer
responsible for acceptance of the undisclosed gift. A copy of such
referral must be provided to the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives for oversight of such suspension and removal
authority.
4. An institution of K-12 education or an institution of
higher education that know ingly, willfully, or negligently fails to
disclose the information required by this section shall be subject
to a civil penalty of one hundred five percent (105%) of the amount
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of the undisclosed gift(s) or contr act(s), payable only from
nonstate funds of the institution of K -12 education or institution
of higher education o r the affiliate organization that received such
gift. The recovered funds must be deposited int o the State General
Revenue Fund. The Office of the Attorney General, the Oklahoma
State Department of Education, or the Oklahoma State Regents for
Higher Education, as applicable, may administratively enforce this
section and impose the civil penalty as an administrative penalty.
5. A whistle-blower who reports an undisclosed foreign g ift or
contract to the appropriate inspector general may also report such
undisclosed gift or contract to the Attorney General and retain
whistle-blower protection under Section 34.301 of Title 62 of the
Oklahoma Statutes. Such whistle-blower shall be enti tled to receive
a reward in the amount of twenty-five percent (25%) of any penalty
recovered by the Oklahoma State Department of Education, the
Oklahoma State Regents for Higher Education, the Attorney General,
or the Office of Management and Enterprise Services under this
section. The Office of Management and Enterprise Services is
authorized to incur expenditures to provide such reward from the
penalty recovery. The reward may be paid through an intermediate
attorney or trustee designa ted by the whistle-blower.
6. Information reported u nder paragraph 5 is not confidential
or exempt from an Open Records request, except as provided in
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statute unless protected by any statu te as a trade secret defined in
Section 6 of this act.
7. The Office of Management and Enterprise Services , the Office
of the Attorney General , the Oklahoma State Department of Education,
and the Oklahoma State Regents for Higher Education may adopt
regulations or rules, as applicable, to impleme nt this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as S ection 10003 of Title 70, unless there
is created a duplication in numbering, reads as fo llows:
A. As used in this section of the Research, Education an d
Government Operations Protection Act of 2024 :
1. "Agreement" means a written or spoken statement of mutual
interest in cultural exchange or academic or research collaboration ;
2. "Country of concern" shall mean any country designated by
the United States Secretary of State as hostile or a Country of
Particular Concern (CPC);
3. "Foreign source" shall m ean any of the following :
a. a foreign government or an agency of a foreign
government,
b. a legal entity, governmental or otherwise, created
solely under the laws of a foreign state or states ,
c. an individual who is not a citizen or a national of
the United States or a territory or protectorate of
the United States,
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d. a partnership, association, corporation, organization,
or any other combination of persons organized under
the laws of or havin g its principal place of business
in a country of concern or s ubsidiary of such entity,
e. an agent, including a subsidiary or an affiliate of a
foreign legal entity, acting on behalf of a for eign
source,
f. a political party or member of a political party . For
the purposes of this subparagraph, the term "political
party" means an organization or combination of
individuals whose aim or purpose is, or who is engaged
in any activity devoted in who le or in part to, the
establishment, administration, control, or acquisition
of administration or control of a government of a
country of concern or a subdivision thereof, or the
furtherance or influencing o f the political or public
interest, policies, or relations of a government of a
country of concern of subdivisi on thereof, and
g. a program operated for the benefit of a gov ernment or
political party of a country of concern, including but
not limited to the Thousand Talents Program, any
program affiliated with United Front operations, any
program affiliated with a country of concern's
ministry of education ;
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4. "Institution of higher education" shall mean a state
college or university or an independent nonp rofit college or
university that is located in and charted by the state and grants
baccalaureate or higher degr ees, or any other institution that has a
physical presence in the state and is require d to report foreign
gifts or contracts pursuant to 20 U.S.C . Section 1011f, or an
affiliate organization to a covered instit ution;
5. "Institution of K-12 education" shall mean all public and
private schools in the State of Oklahoma that provides education at
any point from kindergarten through the twelfth grade; and
6. "Partnership" shall mean a faculty or student exchange
program, a study abroad program, a matriculatio n program, a
recruiting program, or a dual degree program.
B. 1. An institution of K-12 education or institution of
higher education may not particip ate in any cultural exchange
agreement with a foreign source from a country of concern, or any
entity controlled by a country of concern, which :
a. constrains the freedom of contract of such public
entity,
b. allows the curricula or values of a program in the
state to be directed, controlled, or influenced by the
country of concern, or
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c. promotes an agenda detrimental to the safety or
security of Oklahoma, its residents, or the United
States.
2. Prior to the execution of any cultural exchange agreement
with a foreign source from a country of concern, the substance of
the agreement shall be shared with federa l agencies concerned with
protecting national security or enfo rcing trade sanctions,
embargoes, or other restrictions under federal law. If any federal
agency provides information suggesting that such an agreement
promotes an agenda detrimental to the saf ety or security of
Oklahoma, the United States, or its residen ts, the institution of K -
12 education or institution of higher education may not enter in to
the agreement.
3. Prior to the execution of any cultural exchange agreement
with a foreign source fro m a country of concern, the substance of
the agreement shall b e shared with the Oklahoma State Department of
Education or the Oklahoma State Rege nts for Higher Education, as
applicable. If the Oklahoma State Department of Education or the
Oklahoma State Regents for Higher Education, as applicable , provides
information suggesting that such an agreement promotes an agenda
detrimental to the safety or secu rity of Oklahoma, the United
States, or its residents, the institution of K -12 education or
institution of higher education may not enter into the agreement .
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4. Each institution of higher ed ucation shall submit the
information required in this section to the Oklahoma State Regents
for Higher Education and each institution of K -12 education shall
submit the information required in this section to the Oklahoma
State Department of Education, respectively, by July 1, 2025, and on
each July 1 thereafter .
5. By December 1, 2024, and each December 1 the reafter, the
Oklahoma State Regents for Higher Education and the Oklahoma State
Department of Education, respectively, shall submit a report to the
Governor, the President Pro Tempore of the Oklahoma State Senate,
and the Speaker of the Oklahoma House of Representatives relating to
partnerships and agreements of insti tutions of K-12 education and
institutions of higher education made with educational i nstitutions
or other institutions based in countries of c oncern. At a minimum,
the report must include the following information for the previous
fiscal year:
a. data reflecting any grant program, agreement,
partnership, or contrac t between an institution of
higher education and any college, university, or
entity that is based in or controlled by a country of
concern or foreign principal ,
b. data reflecting any office, ca mpus, or physical
location used or maintained by an institutio n of
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higher education in a country of concern or foreign
principal, and
c. the date on which any such grant program, agreement,
partnership, or contract reported pursuant to
subparagraph a of this paragraph is expected to
terminate.
6. No students' or scholars' association affiliated with any
institution of K-12 education or any institution o f higher education
may accept any gift or gra nt from a foreign source from a country of
concern, or enter into any contract or agreement with a foreign
source from a country of concern:
a. any violation of this prohibition shall result in the
institution of K-12 education or institution of higher
education ending any affiliation with the student or
scholars association, and
b. for purposes of this subsection, member due s or fees
shall not be considered a gift or grant from a foreign
source from a country of concern.
7. Each institute of higher educat ion and institution of K -12
education which has established o r will establish any exchange
program or international cultur al agreement concerning Mandarin
Chinese language or culture shall adopt a policy of prio ritizing
partnerships with foreign sources fr om The Republic of China over
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partnerships with foreign sourc es from the People's Republic of
China.
8. The Oklahoma State Regents for Higher Edu cation and the
Oklahoma State Department of Education shall adopt regulations and
rules, respectively, to administer this subsection .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10004 of Title 70, unless there
is created a duplication in numbering, r eads as follows:
A. As used in this section of the Research, Education and
Government Operations Protecti on Act of 2024:
1. "Allied countries" shall mean:
a. those nations currently party t o any bilateral mutual
defense treaties, including the North Atla ntic Treaty,
the agreement between the Unit ed States and Australia
and New Zealand, the Philippine Treaty, the Southeast
Asia Treaty, the Japanese Treaty, the Republic of
Korea Treaty, or the Rio Treaty,
b. any nation currently designated as a Major Non -NATO
Ally (MNNA) by the United States Departm ent of State,
or
c. The Republic of China;
2. "Country of concern" shall mean any country designated by
the United States Secretary of State as hos tile or a Country of
Particular Concern (CPC); and
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3. "Institution of higher education" shall mean a state
college or university or an independent nonprofit college or
university that is located in and charted by the state and gran ts
baccalaureate or higher d egrees, or any other institution that ha s a
physical presence in the state and is required to report foreign
gifts or contracts pursuant to 20 U.S.C. Section 1011f, or an
affiliate organization to a covered institution .
B. 1. Each institute of higher edu cation or affiliate thereof
that has a research budget o f Ten Million Dollars ($10,000,000.00)
or more must screen appli cants seeking employment in research or
research-related support positions, graduate and undergraduate
students applying for resear ch or research-related support
positions, and applicants for positions of visiting researcher who
are citizens of a foreign c ountry and who are not permanent
residents of the United States, or who are citizens and permanent
residents of the United States w ho have any affiliation with an
institution or program, or at least one (1) year of prior employment
or training, with the ex ception of employment or training by the
agency of the United States government, in a country of concern.
Such screening is require d prior to interviewing such applicants or
offering to such an applicant a position of employment or of
visiting researcher. At the discretion of the university or entity,
other applicants for such positions may be screened .
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2. In addition to satisfying all employment and enrollment
qualifications imposed by feder al law, the Board of Governors or
governing board of the applica ble entity must require the following
of applicants included in paragraph 1 of this subsection:
a. a foreign applicant must submit a com plete copy of the
applicant's passport and most recently sub mitted
Online Nonimmigrant Visa Application, DS -160. After
extraction and submission of all information relevant
to the requirements of this section, a university or
entity may destroy or return t he copy of the DS-160
submitted by an applicant to the appl icant,
b. all applicants described in paragraph 1 of this
subsection must submit:
(1) a complete resume an d curriculum vitae, including
every institution of higher edu cation attended,
(2) all previous employment since the applicant's
eighteenth birthday,
(3) a list of all published material for which the
applicant received credit as an author, a
researcher, or otherwise to which the applicant
contributed significant res earch, writing, or
editorial support,
(4) a list of the applicant's current and pending
research funding from any source, including
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funder, amount, applicant's role on the project,
and brief description of the research ,
(5) a full disclosure of non -university professional
activities, including any affiliation with an
institution or program in a country of concern,
and
(6) for applicants who have been co ntinually employed
or enrolled in a postse condary education
institution in the United States for twenty (20)
years or more, the resume m ay, but need not,
include employment history befo re the most recent
twenty (20) years.
3. The president or chief admini strative officer of the
institute of higher education or affiliate thereof shall designate a
research integrity officer to review all materials required in
paragraph 2 of this subsection and take reasonable steps to verify
all attendance, employment, publications, and contributions listed
in the application required in paragraph 2 of this subsection.
Reasonable steps include searching pub lic databases for research
publications and presentations a nd public conflict of interest
records to identify any resear ch publication or presentation that
may have been omitted from the application, contacting all employers
of the most recent ten (10) years to verify employment, contacting
all institutions of hig her education attended to verify enrollment
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and educational progress, searching public listings of persons
subject to sanctions or restrictio ns under federal law, subm itting
the applicant's name and other identifying information to the
Federal Bureau of In vestigation or any federal agency reasonably
willing to scrutinize such applicant for national security or
counterespionage purposes, and any other steps deemed approp riate to
the office. The institute of higher education or affiliate thereof
may also direct the office to approve applicants for hire based on a
risk-based determination considering the nature of the research and
the background and ongoing affiliations of the applicant.
4. The requirements of this section must be completed before
interviewing or offering any position to an individual described in
paragraph 1 in any research or research-related support position and
before granting such individual any acces s to research data or
activities or other sensitive data. An applicant who must be
screened under this section may not be employed in any research or
research-related support position if they fail to disclose a
substantial educational, employment, or rese arch-related activity or
publication or presentation at the time of submitting an applica tion
required in paragraph 2 of this subsection, unless the department
head, or a designee, certifies in writing the substance of the
nondisclosure and the reas ons for disregarding such failure to
disclose. A copy of such certification must be kept in the
investigative file of the university official designated for
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research integrity by the university and must be submitted to the
nearest Federal Bureau of Invest igation field office.
5. The university official designated for research integrity
by the university must report to the nearest Federal Bureau of
Investigation field office, and to any law enforcement agency
designated by the Governor, and to the governin g board of the
institution of higher education or affiliate thereof described in
paragraph 1 of this subsection, the identity of the applicant who
was rejected for employment based on the scrutiny required by this
section or other risk-based screening.
6. By December 1, 2024, the Office of the Attorney General or
the inspector general of an institut ion of higher education or
affiliate thereof described in paragraph 1 of this subsection must
perform an operation audit regarding the implementation of this
section.
C. By December 1, 2024, each institution of higher education
or affiliate thereof that h as a research budget of Ten Million
Dollars ($10,000,000.00) or more must establish an international
travel approval and monitoring program. The program must require
preapproval and screening by a research integrity officer designated
by the president or chief administrative officer of the institution
of higher education or affiliate thereof for any employment -related
foreign travel and employment -related foreign activ ities engaged in
by all faculty, researchers, and research department staf f. Such
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requirement shall be in addition to any other travel approval
process applicable to the state university or entity .
D. 1. Preapproval by the research integrity office r must be
based on the applicant's review and acknowledgment of guidance
published by the empl oying state university or affiliate thereof
which relates to countries of concern, countries under sanction, o r
other restrictions or designations imposed by the state or the
United States government; including any federal licensing
requirements; customs r ules; export controls; restrictions on taking
university or entity property, including intellectual property,
abroad; restrictions on presentations, teaching, and inte ractions
with foreign colleagues; and other subjects important to the
research and academic integrity of the institution of higher
education.
2. Preapproval must be based on the binding commitm ent of the
individual traveler not to violate the state univer sity's or
affiliate thereof's limitations on travel and activities abroad and
to obey all applicable federal laws.
E. The state university or affiliat e thereof must maintain
records of all foreign travel requests and approvals; expenses
reimbursed by the university or affiliate thereof during such
travel, including for travel, food, and lodgi ng; and payments and
honoraria received during such travel and activities, including for
travel, food, and lodging. The state university must also keep
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records of the purpose of the travel and any records related to the
foreign activity review. Such records must be retained for at least
three (3) years or any longe r period of time required by any other
applicable state or federal law.
F. The state university or entit y must provide an annual
report of foreign travel to countries of concern listing individ ual
travelers, foreign locations visited, and foreign institut ions
visited to the governing board of the applicable entity.
G. By December 1, 2024, the Office of the Attorney General or
the inspector general of an institution of higher educatio n or
affiliate thereof described in paragraph 1 of subsection B of this
section must perform an operational audit regarding the
implementation of this section.
H. Each institution of higher education covered under
paragraph 1 of subsection B of this section shall adopt a policy of
prioritizing foreign researchers from allied n ations and joint
research projects with a llied nations, in the following order of
prioritizations:
1. Members of the Five Eyes Intellig ence Oversight and Review
Council;
2. Current signatories of the North Atlantic Treaty;
3. The State of Israel, the Re public of China, the Republic of
Korea, Japan, The Philippines, and the Republic of India ; and
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4. All other countries, includi ng remaining Major Non-NATO
Allies and remaining allied countries .
SECTION 5. NEW LAW A new sect ion of law to be codi fied
in the Oklahoma Statutes as Section 10005 of Title 70, unless there
is created a duplication in numbering, rea ds as follows:
A. As used in this section of the Research, Education and
Government Operations Protection Act of 2024 :
1. "Country of concern" shall mean any country designated by
the United States Secretary of State as hostile or a Country of
Particular Concern (CPC); and
2. "Institution of higher ed ucation" shall mean a state college
or university or an independent nonprofit college or university that
is located in and charted by the state and grants baccalaureate or
higher degrees, or any other instit ution that has a physical
presence in the state a nd is required to report foreign gifts or
contracts pursuant to 20 U.S.C. Section 1011f, or an affiliate
organization to a covered institution.
B. 1. Subject to the approval of the Oklahoma State Regents
for Higher Education, an institution of higher education shall only
enter into a new or renew an existing academic partnership with an
academic or research i nstitution located in a country of concern if
the institution of higher educat ion maintains sufficie nt structural
safeguards to protect the state institution's intellectual property,
the security of the State of Oklahoma, and the national security
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interests of the United States. The Oklahoma State Regents for
Higher Education shall only approve an insti tution of higher
education's partnership if the Oklahoma State Regents for Higher
Education, in consultation with the Attorney General, determines the
partnership meets the saf eguard requirements prescri bed under this
division. The safeguard requirements shall include, at a minimum,
all of the following :
a. compliance with all federal requirements, including
the requirements of federal research sponsors and
federal export contro l agencies, including regu lations
regarding international traffic in arms and e xport
administration regulations, and economic an d trade
sanctions administered by the federal office of
foreign assets control ,
b. annual formal institutio n-level programs for faculty
on conflicts of interest and conflicts of commitm ent,
and
c. a formalized foreign visitor process and uniform
visiting scholar agreement.
2. The Oklahoma State Regents for Higher Education , in
consultation with the Attorney Gen eral, shall have ful l discretion
to reject or terminate any research partnersh ip between an
institution of higher education and an academic or resear ch
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institution located in a country of concern at any time and for any
purpose.
SECTION 6. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes a s Section 10006 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section of the Research, Education and
Government Operations Protection Act of 2024:
1. "Endeavor" shall mean to attempt or t o try;
2. "Foreign Agent" shall mean any officer, employee, proxy,
servant, delegate, or representative of a foreign government;
3. "Foreign government" shall mean the government of any
country, nation, or grou p of nations, or any pr ovince or other
political subdivision of any country or nation, other than the
government of the Unite d States;
4. "Foreign instrumentality" shall mean any agency, bureau,
ministry, component, institution, as sociation, or any legal,
commercial, or busines s organization, corporation, fir m, or entity
that is substantially owned, controlled, sponsored, comma nded,
managed, or dominated by a foreign government;
5. "Obtain or use" shall mean any manner of:
a. taking or exercising control over property,
b. making any unauthorized use, disposit ion, or transfer
of property,
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c. obtaining property by fraud, willful misrepresentation
of a future act, or false promise, and
d. conduct previously known as stealing; larceny;
purloining; abstracting; embezzlement; misappli cation;
misappropriation; conver sion; or obtaining mo ney or
property by false pretenses, fraud, or dec eption; or
other conduct similar in nature;
6. "Person" shall mean any natural person, corporation,
business trust, estate, trust, partnership, associati on, joint
venture, government, g overnmental subdivisi on or agency, or any
other legal or commercial en tity;
7. "Trade secret" shall mean the whole or any portion or phase
of any formula, pattern, device, comb ination of devices, or
compilation of informati on which is for use, or is used, in the
operation of a business and which provides the business an
advantage, or an opportunity to obtain an advantage, over those who
do not know or use it. The term shall include any scientific,
technical, or commercial i nformation, including financial
information, and incl udes any design, process, procedure, list of
suppliers, list of customers, business code, or improvement thereof,
whether tangible or intangible, and regard less of whether or how it
is stored, compiled, or memorialized physically, elec tronically,
graphically, photographically, or in writing. Irrespective of
novelty, invention, patentability, the state of the prior art, and
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the level of skill in the business, art, or field to which th e
subject matter perta ins, a trade secret is consider ed to be:
a. secret,
b. of value,
c. for use or in use by the business , and
d. of advantage to the business, or providing an
opportunity to obtain an advantage over those who do
not know or use it when the owner thereof takes
measures to prevent it from be coming available to
persons other than those selected by the owner to h ave
access thereto for limited purposes; and
8. "Traffic" shall mean:
a. to sell, transfer, distribute, di spense, or otherwise
dispose of property, and
b. to buy, receive, possess, obt ain control of, or use
property with the intent to sell, transfer,
distribute, dispense, or otherwise dispose of such
property.
B. It is unlawful for a person to willfully and w ithout
authorization, obtain or use, or endeavo r to obtain or use, a trade
secret, with the intent t o either temporarily or permanently:
1. Deprive or withhold from the owner thereof the control or
benefit of a trade secret ; or
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2. Appropriate a trade sec ret to their own use or to the use
of another person not entitled to the trade secret.
C. 1. A person who violates subsection B of this section
shall be guilty of grand larceny and shall be punished in ac cordance
with Section 1705 of Title 21 of the Oklahoma Statutes .
2. A person who traffics in, or endeavors to tr affic in, a
trade secret that they know or should know was obtained or used
without authorization shall be guilty of grand larceny and shall be
punished in accordance with Section 1705 of Title 21 of the Oklah oma
Statutes.
3. Whenever a person is char ged with a violation of this act
which was committed with the intent to benefit a foreign government,
a foreign agent, or a foreign instrumentality, the offense for which
the person is charged shall be reclass ified as conspiracy to commit
terrorism and shall be punished in accordance with Section 1268.3 of
Title 21 of the Oklahoma Statutes.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10007 of Title 70, unless there
is created a duplicati on in numbering, reads as follows:
A. No later than ninety (90) days following the effective date
of this act, the Governor shall appoint one qualified person who
shall be responsible for the Report on Foreig n Influence in Higher
Education.
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B. The Report on Foreign Influence on Higher Education shall be
submitted to the Governor, the President Pro Tempore of the Oklahoma
State Senate, and the Speaker of the Oklahoma House of
Representatives, in addition to being made available to the public,
semiannually. The report shall investigate and provide oversight of
all attempted foreign influenc e operations in highe r education in
the State of Oklahoma. This report may include a synthesis of
reports from the fed eral government and state agencies, new findings
and ongoing investigations, and recommendations for limiting
exposure to foreign influen ce, as applicable.
SECTION 8. This act shall become effective July 1, 2024.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 13th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate