Req. No. 3743 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 1181 By: McCall and Lepak of the
House
and
Dahm of the Senate
COMMITTEE SUBSTITUTE
An Act relating to education; creating the Research
and Education Protection Act of 2024; providing short
title; providing purpose; defining terms; requiring
public schools and institutions of higher education
to disclose certain gifts received after certain
date; providing manner of disclosure; re quiring
submitted information to be forwarded to the Office
of Management and Enterprise Services (OMES);
requiring information to be disclosed on certain
website; directing the State Auditor and Inspector to
inspect or audit certain gifts upon certain req uest;
requiring public schools and institutions of higher
education to disclose offering of certain gifts;
providing manner of disclosure; requiring submitted
information to be forwarded to OMES to issue a final
decision on whether certain gift may be acce pted;
directing OMES to develop certain forms and maintain
certain website; making certain indirect gifts
subject to certain approval process; directing the
State Auditor and Inspector to inspect or audit
certain gifts upon certain request; requiring publi c
schools and institutions of higher education to
disclose certain contracts from certain foreign
sources entered into after certain date; providing
manner of disclosure; requiring certain information
to be submitted to OMES; requiring information to be
disclosed on certain website; directing the State
Auditor and Inspector to inspect or audit certain
contracts upon certain request; requiring public
Req. No. 3743 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
schools and institutions of higher education to
disclose certain proposed contracts; requiring
submitted information to be forwarded to OMES to
issue a final decision on whether a school or
institution may enter into certain contract;
directing OMES to develop certain forms and maintain
certain website; making certain contracts subject to
certain approval process ; directing the State Auditor
and Inspector to inspect or audit certain contracts
upon certain request; providing civil penalty for
certain failure to disclose certain information;
providing for deposit of funds; providing for
administrative enforcement of penalty; allowing
certain entities to bring civil action for certain
enforcement; providing for attorney fees; providing
immunity from employment discipline and civil
liability to certain employees who make certain
reports; providing for reward amount; pr oviding for
confidentiality of certain information; prohibiting
public schools and institutions of higher educatio n
from participating in certain agreements with certain
foreign sources; requiring certain cultural exchange
agreements to be shared with cert ain federal and
state agencies; providing manner of sharing
information; requiring the Oklahoma State Regents for
Higher Education and the State Board of Education to
submit certain annual report by certain date;
providing contents of report; prohibiting c ertain
associations from accepting certain gifts or grants
or entering into certain contracts; requiring public
schools and institutions of higher education that
establish certain program or agreement to adopt
certain prioritizing policy; requiring institu tions
of higher education with certain research budget to
screen certain applicants and students; directing
boards of regents to require submission of certain
materials from certain individuals; directing
presidents of institutions of higher education to
designate a research integrity office; providing
purpose of office; requiring certain review prior to
interviewing for or offering certain positions;
allowing an individual to not be employed for failure
to disclose certain information; requiring a research
integrity office to report certain information
regarding an individual who was rejected for
employment on certain basis; directing institutions
of higher education to adopt a policy of prioritizing
Req. No. 3743 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certain foreign researchers; requiring institutions
of higher education with certain research budget to
establish certain travel approval and monitoring
program; providing criteria for certain preapproval;
requiring maintenance of certain records of foreign
travel requests and approvals for certain time
period; requiring submission of certain annual
report; requiring certain operation audit by certain
date; allowing certain academic partnerships to be
entered into or renewed under certain conditions;
directing the Governor to appoint certain individual
to submit certain report; providing contents of
report; providing for severability; 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 24 -162 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Research
and Education Protection Act of 2024”. The purpose of the act is to
protect research and educational system operations in this state
from malicious influence from foreign countries of concern.
B. As used in this act:
1. “Affiliate organization ” means any entity under the control
of or established for the benefit of an organization required to
report pursuant to this section including a direct -support
organization;
Req. No. 3743 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. “Agreement” means a written or spoken statement of mutual
interest in cultural exchange or academic or res earch collaboration;
3. “Allied countries” means:
a. nations currently party to any bilateral mutual
defense treaties including the North Atlantic Treaty,
the Agreement between the United States and Australia
and New Zealand, the Philippine Treaty, the So utheast
Asia Treaty, the Japanese Treaty, the Republic of
Korea Treaty, or the Rio Treaty,
b. any nation currently designated as a Major Non -North
Atlantic Treaty Organization (NATO) Ally by the United
States Department of State, or
c. the Republic of Chin a;
4. “Contract” means any agreement for the acquisition by
purchase, lease, or barter of property or services fo r the direct
benefit or use of either of the parties;
5. “Country of concern” means the People’s Republic of China,
the Russian Federation, t he Islamic Republic of Iran, the Democratic
People’s Republic of Korea, the State of Qatar, the Republic of
Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab
Republic, or any foreign terrorist organization designated by the
United States Secretary of State in accordance with the Immigration
and Naturalization Act, as amended, including any agent of or any
other entity under significant control of such foreign country of
Req. No. 3743 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
concern or any other entity deemed by the Governor in consultation
with the Oklahoma Office of Homeland Security;
6. “Direct-support organization ” means an organization that is
organized and operated to receive, hold, invest, and administer
property and to make expenditures to or for the benefit of an
institution of higher educa tion or for the benefit of a research and
development park or research and development authority affiliated
with an institution of higher education;
7. “Foreign government” means the government of any country,
nation, group of nations, or any province or political subdivision
of any country, nation, or group of nations other than the
government of the United States including any agent of such foreign
government;
8. “Foreign source” means:
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,
d. a partnership, association , corporation, organization,
or any other combination of persons organized under
Req. No. 3743 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the laws of or having its principal place of business
in a country of concern of 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 a 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 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 relations
of a government of a country of concern or subdivision
thereof, or
g. a program operated for the benefit of a government or
political party of a country of concern including, but
not limited to, the Thousand Talents Program, any
program affiliated with United Front operations, or
any program affiliated with a country of concern ’s
ministry of education;
Req. No. 3743 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
9. “Gift” means any gift, grant, endowment, award, or donation
of money or property of any kind, or any comb ination thereof,
including a conditional or unconditional pledge of such gift,
endowment, award, or donation. For the purposes of this paragraph,
pledge means a promise, an agreement, or an expressed intention to
give a gift, and grant means a transfer of money for a specified
purpose including a conditional gift;
10. “Institution of higher education ” means an institution of
higher education within The Oklahoma State System of Higher
Education or a private institution of higher learning located within
this state and accredited pursuant to Section 4103 of Title 70 of
the Oklahoma Statutes;
11. “Interest” in an entity means any direct or indirect
investment in or loan to an entity 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;
12. “Partnership” means a faculty or student exchange program,
a study abroad program, a matriculation program, a recruiting
program, or a dual degree progra m; and
13. “Public school” means a public school district, public
charter school, or public statewide virtual cha rter school.
Req. No. 3743 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24 -163 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. 1. Any public school or institution of higher education
that has received directly or indirectly any gift with any value
from any foreign source from a country of concern afte r December 31,
2013, shall disclose such gifts in the following manner:
a. public schools shall disclose such gift s to the State
Board of Education and the State Department of
Education within sixty (60) days after the effective
date of this act, and
b. institutions of higher education shall disclose such
gifts to the Oklahoma Sta te Regents for Higher
Education within sixty (60) days after the effective
date of this act.
2. Unless otherwise prohibited or deemed confidential under
state or federal law, disc losure required by this subsection shall
include the date the gift was received; the amount of the gift; the
purpose of the gift; the identification of the persons the gift was
explicitly intended to benefit; any applicable conditions,
requirements, restri ctions, 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.
Req. No. 3743 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Information submitted pursuant to paragraph 1 of this
subsection shall be forwarded to the Office of Management and
Enterprise Services (OMES), w hich shall maintain a public web portal
to disclose information on past gifts from countries of concern.
4. Upon a request from the Governor, the President Pro Tempore
of the Senate, or the Speaker of the House of Rep resentatives, the
State Auditor and Inspector shall inspect or audit a past gift or
gift agreement.
B. 1. Any public school 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 effect ive
date of this act shall disclose such gift in the following manner:
a. public schools shall disclose such gifts to the State
Board of Education and the State Department of
Education before accepting such gifts, and
b. institutions of higher education shall disclose such
gifts to the Oklahoma State Regents for Higher
Education before accepting such gifts.
2. Unless otherwise prohibited or dee med confidential under
state or federal law, disclosure required by this subsection shall
include the date the gif t was offered; the amount of the gift; the
purpose of the gift; the identification of the persons the gift was
explicitly intended to benefit; any applicable conditions,
requirements, restrictions, or terms made part o f the gift; the name
Req. No. 3743 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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. Information submitted pursuant to paragraph 1 of this
subsection shall be forwarded to OMES. Wit hin thirty (30) days of
receiving the disclosure of an offered gift, OMES shall issue a
final decision to the public school or institution of higher
education on whether and under what conditions the public school or
institution of higher education may accept the gift. OMES shall:
a. develop disclosure forms, rules, and procedures for
deciding whether to allow a public school or
institution of higher education to accept gifts from
countries of concern, and
b. maintain a public web portal disclosing propose d gifts
from countries of concern with the final decision from
OMES on whether to allow the public school or
institution of higher education t o accept the gift.
4. For the purposes of this section, a gift received by a
public school or institution of higher education from a foreign
source through an intermediary shall be considered an indirect gift
and shall be subject to the approval process p rovided for in this
subsection.
5. Upon the request of the Governor, the President Pro Tempore
of the Senate, or the Speaker of the House of Representatives, the
Req. No. 3743 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
State Auditor and Inspector shall inspect or audit a gift or gift
agreement.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24 -164 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. A public school or institution of higher education that has
entered directly or indirectly into any contract with any value from
any foreign source from a country of concern aft er December 31,
2013, shall disclose such contracts in the following manner:
1. Public schools shall disclose such contracts to the State
Board of Education and the State Department of Education within
sixty (60) days after the effective date of this act; and
2. Institutions of higher education shall disclose such
contracts to the Oklahoma State Regents for Higher Education within
sixty (60) days after the effective date of this act.
B. Unless otherwise prohibited or deemed confidential under
state or federal law, disclosure required by subsection A of this
section shall include the date of the contract; the amount of the
contract; the purpose of the contract; the identification of the
persons the contract was 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 mailing
Req. No. 3743 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
address of the disclosing entity; and, as applicable, the date o f
termination of the contract.
C. For the purposes of this section, a contract entered into
with a foreign source through an intermediary or affiliate
organization shall be considered an indirect contract to the public
school or institution of higher education and shall be subject to
the disclosure process provided for in this s ection.
D. Information submitted pursuant to subsection A of this
section shall be forwarded to the Office of Management and
Enterprise Services (OMES), which shall maintain a publ ic web portal
to disclose information on past proposed and entered into contracts
with countries of concern.
E. Upon the request of the Gover nor, the President Pro Tempore
of the Senate, or the Speaker of the House of Representatives, the
State Auditor and Inspector shall inspect or audit a past contract.
F. Any public school o r institution of higher education that
has been offered or has prop osed directly or indirectly any contract
with any value from or with a foreign source from a country of
concern after the effective date of this act shall disclose such
proposed contract in the following manner:
1. Public schools shall disclose such contr act to the State
Board of Education and the State Department of Education before
entering into such contract; and
Req. No. 3743 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Institutions of higher education shall disclose such
contract to the State Regents.
G. Unless otherwise prohibited or deemed confidential under
state or federal law, disclosure required by subsection F of this
section shall include the date of the con tract; the amount of the
contract; the purpose of the contract; the identification of the
persons the contract was explicitly intended to bene fit; 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 mailing
address of the disclosing entity; and, as appl icable, the date of
termination of the contract.
H. Information submitted pursuant to subsection F of this
section shall be forwarded to OMES. Within thirty (30) days of
receiving the disclosure of the offered or proposed contract, OMES
shall issue a final decision to the public school or institution of
higher education on whether and under what conditions the public
school or institution of higher education may enter into the
contract. OMES shall:
1. Develop disclosure forms, rules, and procedures for deciding
whether to allow a public school or an institution of higher
education to enter into a contract with a co untry of concern; and
2. Maintain a public web portal disclosing proposed or offered
contracts with countries of concern with the final decis ion from
Req. No. 3743 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
OMES on whether to allow the public school or institution of higher
education to enter into the contract.
I. For the 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 public school or
institution of higher education and shall be subject to th e approval
process provided for in subsection H of this section.
J. Upon the request of the Governor, the President Pro Tempore
of the Senate, or the Speaker of the House of Representatives, the
State Auditor and Inspector shall inspect or audit a contract
entered into pursuant to this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 24-165 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. A public school or institution of higher education that
knowingly, willfully, or negligently fails to disclose the
information required by the Resea rch and Education Protection Act of
2024 shall be subject to a civil penalty of one hundred and five
percent (105%) of the amount of the undisclosed gift or contract,
payable only from non -state funds. The recovered funds shall be
deposited into the Gener al Revenue Fund. The State Board of
Education or the Oklahoma State Regents for Higher Education may
administratively enforce the penalty provided for in this section as
an administrative penalty.
Req. No. 3743 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. In the absence of enforcement by the State Board of
Education or the State Regents, the Attorney General or the Office
of the State Treasurer may bring a civil action to enforce the
provisions of the Research and Education Protection Act of 2024. If
such action is successful, the Attorney General or the Offi ce of the
State Treasurer shall be entitled to reasonable attorney fees and
costs.
C. An employee of a public school or an institution of higher
education who in good faith reports an undisclosed foreign gift or
contract to the Attorney General or the Off ice of the State
Treasurer shall be immune from employment discipline or civil
liability. The reporting employee shall be entitled to receive a
reward in the amount of twenty -five percent (25%) of any penalty
recovered by the State Board of Education, the State Regents, the
Attorney General, or the Office of the State Treasurer.
D. Information reported pur suant to Sections 2 and 3 of this
act shall not be deemed confidential except as provided for in the
Oklahoma Open Records Act.
E. The State Board of E ducation and the State Regents may adopt
promulgate rules to implement the provisions of this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24 -166 of Title 70, unless there
is created a duplication in numbering, reads as follows:
Req. No. 3743 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. A public school or institution of higher education shall n ot
participate in any cultural exchange agreement with a foreign source
from a country of concern, or any entity controlled by a country of
concern, which:
1. Constrains the freedom of contract of such public school or
institution of higher education;
2. Allows the curricula or values of a program in this state to
be directed, controlled, or influenced by a country of concern; or
3. Promotes an agenda detrimental to the safety or security of
this state, its residents, or the United States.
B. Prior to the execution of a cultural exchange agreement with
a foreign source from a country of concern, the substance of the
agreement shall be shared with:
1. Federal agencies concerned with protecting national security
or enforcing trade sanctions, embargoes, or other restrictions under
federal law. If any federal agency provides information suggesting
that such an agreement promotes an agenda detrim ental to the safety
or security of this state, the U nited States, or its residents, the
public school or instituti on of higher education may not enter into
the agreement; and
2. The Office of Management and Enterprise Services (OMES). If
OMES provides information suggesting that such an agreement promotes
an agenda detrimental to the safety or security of this state, the
Req. No. 3743 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
United States, or its residents, the public school or institution of
higher education may not enter into the agreement.
C. By July 1, 2025, and by each July 1 thereafter, each public
school shall submit the information required by subsection B of th is
section to the State Board of Education, and each institution of
higher education shall submit the information required by subsection
B of this section to the Oklahoma State Regents for Higher
Education.
D. By December 1, 2025, and each December 1 thereafter, the
State Regents and the State Board of Education shall each
electronically submit a report to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives relating to partnerships and agreements of
institutions of higher education and public schools, respectively,
made with educational institutions or other institutions based in
countries of concern. The report shall include at a minimum the
following information for the previous fiscal year:
1. Data reflecting any grant program, agreement, partnership,
or contract between an institution of higher education and any
college, university, or enti ty that is based in or controlled by a
country of concern or between a public school and any private or
public school that is based in or controlled by a country of
concern;
Req. No. 3743 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Data reflecting any office, campus, or physical location
used or maintained by an institution of higher education in a
country of concern; and
3. The date on which any such grant program, agreement,
partnership, or contract reported pursuant to paragraph 1 of this
subsection is expected to terminate.
E. 1. No students’ or scholars’ association affiliated with
any public school or institution of higher education may accept any
gift or grant from a foreign source in a country of concern or enter
into any contract or agreement with a foreign source in a country of
concern. For the purposes of this subsection, member dues or fees
shall not be considered a gift or grant from a foreign source in a
country of concern.
2. A violation of the provisions of paragraph 1 of this
subsection shall result in the public school or institution of
higher education ending any affiliation with the students ’ or
scholars’ association.
F. Each public school or inst itution of higher education that
has established or will establish an exchange program or
international cultural agreement concerning the Mand arin dialect of
the Chinese language or culture shall adopt a policy of prioritizing
partnerships with foreign sources from the Republic of China over
partnerships with foreign sources from the People ’s Republic of
China.
Req. No. 3743 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. The State Board of Education a nd the State Regents may adopt
regulations and rules to implement the provisions of this section.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24 -167 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Each institution of higher education or affiliate thereof
that has a research budget of Ten Million Dollars ($10,000,000.00)
or more shall screen:
1. Applicants seeking employment in research or research -
related support positions;
2. Graduate and undergraduate students applying for research or
research-related support positions; and
3. Applicants for positions of visiting researcher who are:
a. citizens of a foreign country and who are not
permanent residents of the United States, or
b. citizens and permanent residents of the United States
who have any affiliation with an institution or
program or at least one year of prior employment or
training in a country of concern, with the exception
of employment or training by an agency of the United
States government.
Screening required by this subsection shall be required p rior to
interviewing such applicants or offering an applicant a position of
Req. No. 3743 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
employment or of visiting researcher. An institution of higher
education may screen other applicants for such po sitions.
B. In addition to satisfying all employment and enrollment
qualifications imposed by federal law, the governing board of
regents for each institution of higher education shall:
1. Require a foreign applicant to submit a complete copy of his
or her passport and most recently submitted Online Nonimmigrant Visa
Application, DS-160. After extraction and submission of all
information relevant to the requirements of this section, an
institution of higher education may destroy or return the copy of
the DS-160;
2. Require all individuals described in subsection A of this
section to submit:
a. a complete resume and curriculum vitae including every
institution of higher education attended,
b. all previous employment since the applicant reached
the age of eighteen,
c. 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 research, writing, or editorial sup port,
d. a list of the applicant ’s current and pending research
funding from any source including the source of funds,
Req. No. 3743 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the amount, the applicant ’s role on the project, and a
brief description of the research, and
e. a full disclosure of non -institution of higher
education professional activities including any
affiliation with an institution of higher education or
program in a country of concern ; and
3. An institution of higher education may require individuals
described in subsection A of this section who have been continually
employed or enrolled in an institution of higher education in the
United States for twenty (20) years or more to submit emp loyment
history prior to the most recent twenty (20) years.
C. The president of each institution of higher edu cation or
affiliate thereof shall designate a research integrity office to
review all materials submitted pursuant to subsection B of this
section and take reasonable steps to verify all attendance,
employment, publications, and contributions included in t he
submitted materials. Reasonable steps shall include but not be
limited to searching public databases for research publications,
presentations, and public conflict of interest records to identify
any research publication or presentation that may have be en omitted
from the materials submitted pursuant to subsection B of this
section; contacting all employers of the most recent ten (10) years
to verify employment; contacting all institutions of higher
education attended to verify enrollment and educational progress;
Req. No. 3743 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
searching public listings of persons subject to sanctions or
restrictions under federal law; submitting the applicant ’s name and
other identifying information to the Federal Bureau of Investigation
or any federal agency reasonably willing to scr utinize such
applicant for national security or counterespionage purposes; and
any other steps deemed appropriate. The institution of higher
education or affiliate thereof may also direct the research
integrity office to approve applicants for hire based on a risk-
based determination considering the nature of the research and
background and ongoing affiliations of the applicant.
D. The provisions of this section shall be completed before an
institution of higher education or an affiliate thereof interview s
or offers a position to an individual described in subsection A of
this section in any research or research -related support position
and before granting such individual any access to research data or
activities or other sensitive data. An individual des cribed in
subsection A of this section may not be employed in any research or
research-related support position if he or she fail s to disclose a
substantial educational, employment, or research -related activity,
publication, or presentation at the time of submitting materials
required by subsection B of this section unless an institution of
higher education department head or his or her designee certifies in
writing the substance of the nondisclosure and the reasons for
disregarding such failure to disclose . A copy of such certification
Req. No. 3743 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall be kept in the investigative file of the research integrity
office and shall be submitted t o the nearest Federal Bureau of
Investigation field office.
E. An institution of higher education ’s research integrity
office designated pursuant to subsection C of this section shall
report to the nearest Federal Bureau of Investigation fi eld office,
any law enforcement agency designated by the Governor, and the board
of regents of the institution of higher education or affiliat e
thereof the identity of the individual who was rejected for
employment based on the scrutiny required by this section or other
risk-based screening.
F. Each institution of higher education shall adopt a policy of
prioritizing foreign researchers from al lied nations and joint
research projects with allied nations in the following order of
prioritization:
1. Members of the Five Eyes Intelligence Oversight and Review
Council;
2. Current signatories of the North Atlantic Treaty;
3. The State of Israel, th e Republic of China, the People ’s
Republic of Korea, Japan, the Philippines, and the Republic of
India; and
4. All other countries including remaining nations designated
as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the
United States Department of State and remaining allied countries.
Req. No. 3743 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. By July 1, 2025, each institution of higher education or
affiliate thereof that has a research budget of Ten Million Dollars
($10,000,000.00) or more shall establish an international travel
approval and monitoring program. The progra m shall require
preapproval and screening by an institution of higher education ’s
research integrity office designated pursuant to subsection C of
this section, in addition to any other travel approval process
requirements applicable to the institution of higher education.
H. 1. Preapproval by an institution of higher education ’s
research integrity office shall be based on the applicant ’s review
and acknowledgement of guidance published by the employing
institution of highe r education or affiliate thereof which relates
to countries of concern, countries under sanction, or other
restrictions or designations imposed by this state or the United
States government including any federal licensing requirements;
customs rules; expor t controls; restrictions on taking institutional
property including intellectual property abroad; restrictions on
presentations, teaching, and interactions with foreign colleagues;
and other subjects important to the research and academic integrity
of the institution of higher education.
2. Preapproval by an institution of higher education ’s research
integrity office shall be based on the binding commitment of the
individual traveler not to violate the institution of higher
Req. No. 3743 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
education’s limitations on trave l and activities abroad and to obey
all applicable federal laws.
I. The institution of higher education or affili ate thereof
shall maintain records of all foreign travel requests and approvals;
expenses reimbursed by the institution of higher education or
affiliate thereof during such travel including travel, food, and
lodging; and payments and honoraria received during such travel and
activities including for travel, food, and lodging. The institution
of higher education shall retai n the records for at l east three (3)
years or any longer period of time required by any applicable state
or federal law.
J. The institution of higher education or affiliate thereof
shall provide an annual report of foreign travel to countries of
concerns listing individual tra velers, foreign locations visited,
and foreign institutions visited to its board of regents.
K. By July 1, 2025, the State Auditor and Inspector shall
perform an operational audit regarding implementation of the
provisions of this se ction.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24 -168 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Subject to the approval of its board of regents, an
institution of higher education shall only enter into a new or renew
an existing academic partnership with an academic or research
Req. No. 3743 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
institution located in a country of concern if the institution of
higher education maintains sufficient structural safeguards to
protect its intellectual property, the security of this state, and
the national security interests of the United States. A board of
regents shall only approve an institution of higher education ’s
partnership if the board, in consultation with the Office of the
Attorney General, determines the partnership meets the following
safeguard requirements:
1. Compliance with all federal requirements including the
requirements of federal research sponsors and federal export control
agencies, regulations regarding interna tional traffic in arms and
export administration, and economic and trade sanctions administered
by the federal Office of Foreign Assets Control of the United States
Department of the Treasu ry;
2. Annual formal institution -level programs for faculty on
conflicts of interest and conflicts of commitment; and
3. A formalized foreign visitor process and uniform visiting
scholar agreement.
B. The board of regents of an institution of higher education,
in consultation with the Office of the Attorney General, sh all have
full discretion to reject or terminate any research partnership
between the institution and an academic o r research institution
located in a country of concern at any time and for any purpose.
Req. No. 3743 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 8. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 24 -169 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. No later than ninety (90) days after the effective date of
this act, the Governor shall appoint one q ualified person who shall
be responsible for the “Report on Foreign Influence in Higher
Education”. The report shall be electronically submitted to the
Governor, the President Pro Tempore of the Senate, and the Speaker
of the House of Representatives and shall be published semi -annually
on a state website.
B. The Report on Foreign Influence in Higher Education:
1. Shall investigate and provide oversight of all attempted
foreign influence operations in higher education in this state; and
2. May include a synthesis of reports from the federal
government and state agencies, new findings and ongoing
investigations, and recommendations for limiting exposure to foreign
influence.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24 -170 of Title 70, unless there
is created a duplication in numbering, reads as follows:
The provisions of the Research and Education Protection Act of
2024 are severable and if any part or provision shall be held void,
the decision of the court so holding shall not affect or impair any
Req. No. 3743 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of the remaining parts or provisions of the Res earch and Education
Protection Act of 2024.
SECTION 10. This act shall become effective July 1, 2024.
SECTION 11. 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.
59-2-3743 EB 4/9/2024 11:37:20 AM