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SENATE FLOOR VERSION
April 9, 2024
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1181 By: McCall and Lepak of the
House
and
Dahm and Bullard of the
Senate
An Act relating to education; creating the Research
and Education Protection Act of 2 024; 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; requiring
submitted information to be forwar ded 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 request;
requiring public schools and institu tions 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 accepted;
directing OMES to develop certain fo rms 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 public
schools and institutions of higher educa tion 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
schools and institutions of higher education to
disclose certain proposed contracts; requiring
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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 bri ng 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; providing for
confidentiality of certain inf ormation; prohibiting
public schools and institutions of higher education
from participating in certain agreements with certain
foreign sources; requiring certain cultural exchange
agreements to be shared with certain 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 certain
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 institutions
of higher education with certain res earch 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; prov iding
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 inform ation
regarding an individual who was rejected for
employment on certain basis; directing institutions
of higher education to adopt a policy of prioritizing
certain foreign researchers; requiring institutions
of higher education with certain research budge t to
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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 or ganization required to
report pursuant to this section including a direct -support
organization;
2. “Agreement” means a written or spoken statement of mutual
interest in cultural exchange or academic or research collaboration;
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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 Southeast
Asia Treaty, the Japanese Treaty, the Repu blic 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 China;
4. “Contract” means any agreement for the acqu isition by
purchase, lease, or barter of property or services for the direct
benefit or use of either of the parties ;
5. “Country of concern” means the People’s Republic of China,
the Russian Federation, the 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 fore ign country of
concern or any other entity deemed by the Governor in consultation
with the Oklahoma Office of Homeland Security;
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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 education 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 g roup 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 combinat ion of persons organized under
the laws of or having its principal place of business
in a country of concern of subsidiary of such entity,
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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 pa rt
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 governme nt or
political party of a country of concern including, but
not limited to, the Thousand Talents Program, any
program affiliated with Unite d Front operations, or
any program affiliated with a country of concern ’s
ministry of education;
9. “Gift” means any gift, grant, endowment, award, or donation
of money or property of any kind, or any combination thereof,
including a conditional or uncond itional pledge of such gift,
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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 conditi onal 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 gre ater 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 program; and
13. “Public school” means a public school district, public
charter school, or public statewide virtual charter school.
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 num bering, reads as follows:
A. 1. Any public school or institution of higher education
that has received directly or indirectly any gift with any value
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from any foreign source from a country of concern after December 31,
2013, shall disclose such gifts in the following manner:
a. public schools shall disclose such gifts to the State
Board of Education and the State Depa rtment 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 State 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, disclosure 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 th e gift was
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. Information submitted pursuant to paragraph 1 of this
subsection shall be forward ed to the Office of Management and
Enterprise Services (OMES), which shall maintain a public web portal
to disclose information on past gifts from countries of concern.
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4. Upon a request from the Governor, the President Pro Tempore
of the Senate, or the S peaker of the House of Representatives, 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 effective
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 deemed confidential under
state or federal law, discl osure required by this subsection shall
include the date the gift 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, restrict ions, 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.
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3. Information submitted pursuant to paragraph 1 of this
subsection shall be forwarded to OMES. Within 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 conditi ons 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 proposed gifts
from countries of concern with the final dec ision from
OMES on whether to allow the public school or
institution of higher education to accept the gift.
4. For the purposes of this se ction, 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 provided 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
State Auditor and Inspector shall inspect or audit a gift or gift
agreement.
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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 after 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 Educat ion 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 th is
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
address of the disclosing entity; and, as applicable, the date of
termination of the contract.
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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 indi rect contract to the public
school or institution of higher education and shall be subject to
the disclosure process provided for in this section.
D. Information submitted pursuant to subsection A of this
section shall be forwarded to the Office of Manage ment and
Enterprise Services (OMES), which shall maintain a public web portal
to disclose information on past propos ed and entered into contracts
with countries of concern.
E. 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 past contract.
F. Any public school or institution of higher education that
has been offered or has proposed 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 su ch
proposed contract in the following manner:
1. Public schools shall disclose such contract to the State
Board of Education and the State Department of Education before
entering into such contract; and
2. Institutions of higher education shall disclose such
contract to the State Regents.
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G. Unless otherwise prohibited or deemed confidential under
state or federal law, disclosure required b y subsection F of this
section shall include the date of the contract; the amount of the
contract; the purpose of th e contract; the identification of the
persons the contract was explicitly intended to benefit; any
applicable conditions, requirements, rest rictions, 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 applicable, 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) da ys 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 in stitution of higher
education to enter into a contract with a country of concern; and
2. Maintain a public web port al disclosing proposed or offered
contracts with countries of concern with the final decision from
OMES on whether to allow the public schoo l or institution of higher
education to enter into the contract.
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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 scho ol or
institution of higher education and shall be subject to the approval
process provided for in subsection H of t his 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 Statutes 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 Research 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 General Revenue Fund. The State Board of
Education or the Oklahoma State Regents for Higher Education may
administratively enforce the penalty provided for in this sectio n as
an administrative penalty.
B. In the absence of enforcement by the State Board of
Education or the State Regents, the Attorney General or the Office
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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 Office of the
State Treasurer shall be entitled to rea sonable attorney fees and
costs.
C. An employee of a public school or an institution of higher
education who in goo d faith reports an undisclosed foreign gift or
contract to the Attorney General or the Office of the State
Treasurer shall be immune from em ployment 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 Offic e of the State Treasurer.
D. Information reported pursuant to Sections 2 and 3 of this
act shall not be deemed conf idential except as provided for in the
Oklahoma Open Records Act.
E. The State Board of Education and the State Regents may
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:
A. A public school or institution of higher education shall not
participate in any cultural exchange agreement with a f oreign source
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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 nat ional 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 detrimental to the safety
or security of this state, the Unite d States, or its residents, the
public school or institution 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
United States, or its residents, the public school or institution of
higher education may not enter into the agreement.
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C. By July 1, 2025, and by each July 1 thereafter, each public
school shall submit the information required by subsection B of this
section to the State Board of Education, and each insti tution 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, respectivel y,
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 entity 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;
2. Data reflecting any office, campus, or physical location
used or maintained by an institution of higher education in a
country of concern; and
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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 inst itution 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 institution of higher education that
has established or will e stablish an exchange program or
international cultural agreement concerning the Mandarin dialect of
the Chinese language or culture shall ad opt 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.
G. The State Board of Education and the State Regents may adopt
regulations and rules to implement the provisions of this section.
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SECTION 6. NEW LAW A new section of law to be codi fied
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 undergraduat e 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 prior to
interviewing such applicants or offering an applic ant a position of
employment or of visiting researcher. An institution of higher
education may screen other applicants for such positions.
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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 support,
d. a list of the applicant ’s current and pending r esearch
funding from any source including the source of funds,
the amount, the applicant ’s role on the project, and a
brief description of the research, and
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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 hig her education may require individuals
described in subsection A of this section who have been continually
employed or enrolled in an institu tion of higher education in the
United States for twenty (20) years or more to submit employment
history prior to the most recent twenty (20) years.
C. The president of each institution of higher education or
affiliate thereof shall designate a research i ntegrity 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 the
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 been omitted
from the materials submitted pursuant to subs ection B of this
section; contacting all employers of the most recent ten (10) years
to verify employment; contactin g all institutions of higher
education attended to verify enrollment and educational progress;
searching public listings of persons subject to sanctions or
restrictions under federal law; submitting the applicant ’s name and
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other identifying information to the Federal Bureau of Investigation
or any federal agency reasonably willing to scrutinize such
applicant for national security or countere spionage 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 interviews
or offers a position to an individual described in sub section A of
this section in any research or research -related support position
and before granting such individual a ny access to research data or
activities or other sensitive data. An individual described in
subsection A of this section may not be employ ed in any research or
research-related support position if he or she fails 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 se ction 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
shall be kept in the inv estigative file of the research integrity
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office and shall be submitted to 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 shal l
report to the nearest Federal Bureau of Investigation field office,
any law enforcement agency designated by the G overnor, and the board
of regents of the institution of higher education or affiliate
thereof the identity of the individual who was rejecte d 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 allied nations and joint
research projects with allied nat ions 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, the Republic of China, the People ’s
Republic of Korea, Jap an, 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.
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G. By July 1, 2025, each institution of higher education or
affiliate thereof that has a research budget of Ten Million D ollars
($10,000,000.00) or more shall establish an international travel
approval and monitoring program. The program 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 higher 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; export controls; restrictions on taking institutional
property including intellectual property abroad; restrictions on
presentations, teaching, and interactions with foreign col leagues;
and other subjects important to the research and academic integrity
of the institution of higher education.
2. Preapproval by an i nstitution 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
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education’s limitations on travel and activities abroad and to obey
all applicable feder al laws.
I. The institution of higher education or affiliate thereof
shall maintain records of all foreign travel r equests 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 retain the records for at least three (3)
years or any longer period of time requir ed 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 travelers, foreign locations visited,
and foreign instituti ons 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 section.
SECTION 7. NEW LAW A new section of law to be c odified
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 ren ew
an existing academic partnership with an academic or research
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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 f ollowing
safeguard requirements:
1. Compliance with all federal requirements including the
requirements of federal research sponsors and federal export control
agencies, regulations regarding international traffic in arms and
export administration, and ec onomic and trade sanctions administered
by the federal Office of Foreign Assets Control of the United States
Department of the Treasury;
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, shall have
full discretion to reject or terminate any rese arch partnership
between the institution and an academic or research institution
located in a country of concern at any time and for any purpose.
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SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 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 qualified 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
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of the remaining parts or provisions of the Research 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.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 9, 2024 - DO PASS AS AMENDED BY CS