OK
Oklahoma House Bill HB1181

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1181 Compare Versions

OldNewDifferences
11
22
3-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 1 1
3+SENATE FLOOR VERSION - HB1181 SFLR Page 1
4+(Bold face denotes Committee Amendments) 1
45 2
56 3
67 4
78 5
89 6
910 7
1011 8
1112 9
1213 10
1314 11
1415 12
1516 13
1617 14
1718 15
1819 16
1920 17
2021 18
2122 19
2223 20
2324 21
2425 22
2526 23
2627 24
2728
28-ENGROSSED SENATE AMENDMENT
29-TO
30-ENGROSSED HOUSE
31-BILL NO. 1181 By: McCall and Lepak of the
29+SENATE FLOOR VERSION
30+April 9, 2024
31+
32+
33+COMMITTEE SUBSTITUTE
34+FOR ENGROSSED
35+HOUSE BILL NO. 1181 By: McCall and Lepak of the
3236 House
3337
3438 and
3539
36- Dahm of the Senate
40+ Dahm and Bullard of the
41+Senate
3742
3843
3944
40-
41-
42-An Act relating to state operations and academic
43-research; creating the Research, Education, and
44-Government Operations Protecti on Act of 2024; ***
45-requiring certain institutions of higher education to
46-make certain screenings of applicants seeking
47-employment in research or research -related positions;
48-*** providing for codification; providing an
49-effective date; and declaring an emer gency.
50-
51-
52-
53-
54-AUTHORS: Add the following Senate Coauthors: Bullard, Stephens, and
55-Woods
56-
57-AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
58-entire bill and insert
59-
60-“An Act relating to education; creating the Research
45+An Act relating to education; creating the Research
6146 and Education Protection Act of 2 024; providing short
6247 title; providing purpose; defining terms; requiring
6348 public schools and institutions of higher education
6449 to disclose certain gifts received after certain
6550 date; providing manner of disclosure; requiring
6651 submitted information to be forwar ded to the Office
6752 of Management and Enterprise Services (OMES);
6853 requiring information to be disclosed on certain
6954 website; directing the State Auditor and Inspector to
7055 inspect or audit certain gifts upon certain request;
7156 requiring public schools and institu tions of higher
7257 education to disclose offering of certain gifts;
7358 providing manner of disclosure; requiring submitted
7459 information to be forwarded to OMES to issue a final
60+decision on whether certain gift may be accepted;
61+directing OMES to develop certain fo rms and maintain
62+certain website; making certain indirect gifts
63+subject to certain approval process; directing the
64+State Auditor and Inspector to inspect or audit
65+certain gifts upon certain request; requiring public
66+schools and institutions of higher educa tion to
67+disclose certain contracts from certain foreign
68+sources entered into after certain date; providing
69+manner of disclosure; requiring certain information
70+to be submitted to OMES; requiring information to be
71+disclosed on certain website; directing the State
72+Auditor and Inspector to inspect or audit certain
73+contracts upon certain request; requiring public
74+schools and institutions of higher education to
75+disclose certain proposed contracts; requiring
7576
76-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 2 1
77+SENATE FLOOR VERSION - HB1181 SFLR Page 2
78+(Bold face denotes Committee Amendments) 1
7779 2
7880 3
7981 4
8082 5
8183 6
8284 7
8385 8
8486 9
8587 10
8688 11
8789 12
8890 13
8991 14
9092 15
9193 16
9294 17
9395 18
9496 19
9597 20
9698 21
9799 22
98100 23
99101 24
100102
101-decision on whether certain gift may be accepted;
102-directing OMES to develop certai n forms and maintain
103-certain website; making certain indirect gifts
104-subject to certain approval process; directing the
105-State Auditor and Inspector to inspect or audit
106-certain gifts upon certain request; requiring public
107-schools and institutions of higher e ducation to
108-disclose certain contracts from certain foreign
109-sources entered into after certain date; providing
110-manner of disclosure; requiring certain information
111-to be submitted to OMES; requiring information to be
112-disclosed on certain website; directing the State
113-Auditor and Inspector to inspect or audit certain
114-contracts upon certain request; requiring public
115-schools and institutions of higher education to
116-disclose certain proposed contracts; requiring
117103 submitted information to be forwarded to OMES to
118104 issue a final decision on whether a school or
119105 institution may enter into certain contract;
120106 directing OMES to develop certain forms and maintain
121107 certain website; making certain contracts subject to
122108 certain approval process; directing the State Auditor
123109 and Inspector to inspect or audit certain contracts
124110 upon certain request; providing civil penalty for
125111 certain failure to disclose certain information;
126112 providing for deposit of funds; providing for
127113 administrative enforcement of penalty; allowing
128114 certain entities to bri ng civil action for certain
129115 enforcement; providing for attorney fees; providing
130116 immunity from employment discipline and civil
131117 liability to certain employees who make certain
132118 reports; providing for reward amount; providing for
133119 confidentiality of certain inf ormation; prohibiting
134120 public schools and institutions of higher education
135121 from participating in certain agreements with certain
136122 foreign sources; requiring certain cultural exchange
137123 agreements to be shared with certain federal and
138124 state agencies; providing manner of sharing
139125 information; requiring the Oklahoma State Regents for
140126 Higher Education and the State Board of Education to
141127 submit certain annual report by certain date;
142128 providing contents of report; prohibiting certain
143129 associations from accepting certain gifts or grants
144130 or entering into certain contracts; requiring public
145131 schools and institutions of higher education that
146132 establish certain program or agreement to adopt
147133 certain prioritizing policy; requiring institutions
134+of higher education with certain res earch budget to
135+screen certain applicants and students; directing
136+boards of regents to require submission of certain
137+materials from certain individuals; directing
138+presidents of institutions of higher education to
139+designate a research integrity office; prov iding
140+purpose of office; requiring certain review prior to
141+interviewing for or offering certain positions;
142+allowing an individual to not be employed for failure
143+to disclose certain information; requiring a research
144+integrity office to report certain inform ation
145+regarding an individual who was rejected for
146+employment on certain basis; directing institutions
147+of higher education to adopt a policy of prioritizing
148+certain foreign researchers; requiring institutions
149+of higher education with certain research budge t to
148150
149-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 3 1
151+SENATE FLOOR VERSION - HB1181 SFLR Page 3
152+(Bold face denotes Committee Amendments) 1
150153 2
151154 3
152155 4
153156 5
154157 6
155158 7
156159 8
157160 9
158161 10
159162 11
160163 12
161164 13
162165 14
163166 15
164167 16
165168 17
166169 18
167170 19
168171 20
169172 21
170173 22
171174 23
172175 24
173176
174-of higher education with certain research budget to
175-screen certain applicants and students; directing
176-boards of regents to require submission of certain
177-materials from certain individuals; directing
178-presidents of institutions of higher education to
179-designate a research integrity office; providing
180-purpose of office; requiring certain review prior to
181-interviewing for or offering certain positions;
182-allowing an individual to not be employed for failure
183-to disclose certain information; requiring a research
184-integrity office to report certain in formation
185-regarding an individual who was rejected for
186-employment on certain basis; directing institutions
187-of higher education to adopt a policy of prioritizing
188-certain foreign researchers; requiring institutions
189-of higher education with certain research b udget to
190177 establish certain travel approval and monitoring
191178 program; providing criteria for certain preapproval;
192179 requiring maintenance of certain records of foreign
193180 travel requests and approvals for certain time
194181 period; requiring submission of certain annual
195182 report; requiring certain operation audit by certain
196183 date; allowing certain academic partnerships to be
197184 entered into or renewed under certain conditions;
198185 directing the Governor to appoint certain individual
199186 to submit certain report; providing contents of
200187 report; providing for severability; providing for
201188 codification; providing an effective date; and
202189 declaring an emergency.
203190
204191
205192
206193
207194
208195 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
209196 SECTION 1. NEW LAW A new section of law to be codified
210197 in the Oklahoma Statutes as Section 24 -162 of Title 70, unless there
211198 is created a duplication in numbering, reads as follows:
212199 A. This act shall be known and may be cited as the “Research
213200 and Education Protection Act of 2024 ”. The purpose of the act is to
201+protect research and educational system operations in this state
202+from malicious influence from foreign countries of concern.
203+B. As used in this act:
204+1. “Affiliate organization ” means any entity under the control
205+of or established for the benefit of an or ganization required to
206+report pursuant to this section including a direct -support
207+organization;
208+2. “Agreement” means a written or spoken statement of mutual
209+interest in cultural exchange or academic or research collaboration;
214210
215-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 4 1
211+SENATE FLOOR VERSION - HB1181 SFLR Page 4
212+(Bold face denotes Committee Amendments) 1
216213 2
217214 3
218215 4
219216 5
220217 6
221218 7
222219 8
223220 9
224221 10
225222 11
226223 12
227224 13
228225 14
229226 15
230227 16
231228 17
232229 18
233230 19
234231 20
235232 21
236233 22
237234 23
238235 24
239236
240-protect research and educational system operations in this state
241-from malicious influence from foreign countries of concern.
242-B. As used in this act:
243-1. “Affiliate organization ” means any entity under the control
244-of or established for the benefit of a n organization required to
245-report pursuant to this section including a direct -support
246-organization;
247-2. “Agreement” means a written or spoken statement of mutual
248-interest in cultural exchange or academic or research collaboration;
249237 3. “Allied countries” means:
250238 a. nations currently party to any bilateral mutual
251239 defense treaties including the North Atlantic Treaty,
252240 the Agreement between the United States and Australia
253241 and New Zealand, the Philippine Treaty, the Southeast
254242 Asia Treaty, the Japanese Treaty, the Repu blic of
255243 Korea Treaty, or the Rio Treaty,
256244 b. any nation currently designated as a Major Non -North
257245 Atlantic Treaty Organization (NATO) Ally by the United
258246 States Department of State, or
259247 c. the Republic of China;
260248 4. “Contract” means any agreement for the acqu isition by
261249 purchase, lease, or barter of property or services for the direct
262250 benefit or use of either of the parties ;
251+5. “Country of concern” means the People’s Republic of China,
252+the Russian Federation, the Islamic Republic of Iran, the Democratic
253+People’s Republic of Korea, the State of Qatar, the Republic of
254+Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab
255+Republic, or any foreign terrorist organization designated by the
256+United States Secretary of State in accordance with the Immigration
257+and Naturalization Act, as amended, including any agent of or any
258+other entity under significant control of such fore ign country of
259+concern or any other entity deemed by the Governor in consultation
260+with the Oklahoma Office of Homeland Security;
263261
264-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 5 1
262+SENATE FLOOR VERSION - HB1181 SFLR Page 5
263+(Bold face denotes Committee Amendments) 1
265264 2
266265 3
267266 4
268267 5
269268 6
270269 7
271270 8
272271 9
273272 10
274273 11
275274 12
276275 13
277276 14
278277 15
279278 16
280279 17
281280 18
282281 19
283282 20
284283 21
285284 22
286285 23
287286 24
288287
289-5. “Country of concern” means the People’s Republic of China,
290-the Russian Federation, the Islamic Republic of Iran, the Democratic
291-People’s Republic of Korea, the State of Qatar, the Republic of
292-Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab
293-Republic, or any foreign terrorist organization designated by the
294-United States Secretary of State in accordance with the Immigrati on
295-and Naturalization Act, as amended, including any agent of or any
296-other entity under significant control of such foreign country of
297-concern or any other entity deemed by the Governor in consultation
298-with the Oklahoma Office of Homeland Security;
299288 6. “Direct-support organization ” means an organization that is
300289 organized and operated to receive, hold, invest, and administer
301290 property and to make expenditures to or for the benefit of an
302291 institution of higher education or for the benefit of a research and
303292 development park or research and development authority affiliated
304293 with an institution of higher education;
305294 7. “Foreign government” means the government of any country,
306295 nation, group of nations, or any province or political subdivision
307296 of any country, nation, or g roup of nations other than the
308297 government of the United States including any agent of such foreign
309298 government;
310299 8. “Foreign source” means:
311300 a. a foreign government or an agency of a foreign
312301 government,
302+b. a legal entity, governmental or otherwise, created
303+solely under the laws of a foreign state or states,
304+c. an individual who is not a citizen or a national of
305+the United States or a territory or protectorate of
306+the United States,
307+d. a partnership, association, corporation, organization,
308+or any other combinat ion of persons organized under
309+the laws of or having its principal place of business
310+in a country of concern of subsidiary of such entity,
313311
314-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 6 1
312+SENATE FLOOR VERSION - HB1181 SFLR Page 6
313+(Bold face denotes Committee Amendments) 1
315314 2
316315 3
317316 4
318317 5
319318 6
320319 7
321320 8
322321 9
323322 10
324323 11
325324 12
326325 13
327326 14
328327 15
329328 16
330329 17
331330 18
332331 19
333332 20
334333 21
335334 22
336335 23
337336 24
338337
339-b. a legal entity, governmental or otherwise, creat ed
340-solely under the laws of a foreign state or states,
341-c. an individual who is not a citizen or a national of
342-the United States or a territory or protectorate of
343-the United States,
344-d. a partnership, association, corporation, organization,
345-or any other combination of persons organized under
346-the laws of or having its principal place of business
347-in a country of concern of subsidiary of such entity,
348338 e. an agent including a subsidiary or an affiliate of a
349339 foreign legal entity acting on behalf of a foreign
350340 source,
351341 f. a political party or a member of a political party.
352342 For the purposes of this subparagraph, the term
353343 “political party” means an organization or combination
354344 of individuals whose aim or purpose is, or who is
355345 engaged in any activity devoted in whole or in pa rt
356346 to, the establishment, administration, control, or
357347 acquisition of administration or control of a
358348 government of a country of concern or a subdivision
359349 thereof or the furtherance or influencing of the
360350 political or public interest, policies, or relations
361351 of a government of a country of concern or subdivision
362352 thereof, or
353+g. a program operated for the benefit of a governme nt or
354+political party of a country of concern including, but
355+not limited to, the Thousand Talents Program, any
356+program affiliated with Unite d Front operations, or
357+any program affiliated with a country of concern ’s
358+ministry of education;
359+9. “Gift” means any gift, grant, endowment, award, or donation
360+of money or property of any kind, or any combination thereof,
361+including a conditional or uncond itional pledge of such gift,
363362
364-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 7 1
363+SENATE FLOOR VERSION - HB1181 SFLR Page 7
364+(Bold face denotes Committee Amendments) 1
365365 2
366366 3
367367 4
368368 5
369369 6
370370 7
371371 8
372372 9
373373 10
374374 11
375375 12
376376 13
377377 14
378378 15
379379 16
380380 17
381381 18
382382 19
383383 20
384384 21
385385 22
386386 23
387387 24
388388
389-g. a program operated for the benefit of a government or
390-political party of a country of concern including, but
391-not limited to, the Thousand Talents Program, any
392-program affiliated with U nited Front operations, or
393-any program affiliated with a country of concern ’s
394-ministry of education;
395-9. “Gift” means any gift, grant, endowment, award, or donation
396-of money or property of any kind, or any combination thereof,
397-including a conditional or un conditional pledge of such gift,
398389 endowment, award, or donation. For the purposes of this paragraph,
399390 pledge means a promise, an agreement, or an expressed intention to
400391 give a gift, and grant means a transfer of money for a specified
401392 purpose including a conditi onal gift;
402393 10. “Institution of higher education ” means an institution of
403394 higher education within The Oklahoma State System of Higher
404395 Education or a private institution of higher learning located within
405396 this state and accredited pursuant to Section 4103 of Title 70 of
406397 the Oklahoma Statutes;
407398 11. “Interest” in an entity means any direct or indirect
408399 investment in or loan to an entity valued at five percent (5%) or
409400 more of the entity’s net worth or any form of direct or indirect
410401 control exerting similar or gre ater influence on the governance of
411402 the entity;
403+12. “Partnership” means a faculty or student exchange program,
404+a study abroad program, a matriculation program, a recruiting
405+program, or a dual degree program; and
406+13. “Public school” means a public school district, public
407+charter school, or public statewide virtual charter school.
408+SECTION 2. NEW LAW A new section of law to be codified
409+in the Oklahoma Statutes as Section 24 -163 of Title 70, unless there
410+is created a duplication in num bering, reads as follows:
411+A. 1. Any public school or institution of higher education
412+that has received directly or indirectly any gift with any value
412413
413-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 8 1
414+SENATE FLOOR VERSION - HB1181 SFLR Page 8
415+(Bold face denotes Committee Amendments) 1
414416 2
415417 3
416418 4
417419 5
418420 6
419421 7
420422 8
421423 9
422424 10
423425 11
424426 12
425427 13
426428 14
427429 15
428430 16
429431 17
430432 18
431433 19
432434 20
433435 21
434436 22
435437 23
436438 24
437439
438-12. “Partnership” means a faculty or student exchange program,
439-a study abroad program, a matriculation program, a recruiting
440-program, or a dual degree program; and
441-13. “Public school” means a public school district, public
442-charter school, or public statewide virtual charter school.
443-SECTION 2. NEW LAW A new section of law to be codified
444-in the Oklahoma Statutes as Section 24 -163 of Title 70, unless there
445-is created a duplication in numbering, reads as follows:
446-A. 1. Any public school or institution of higher education
447-that has received directly or indirectly any gift with any value
448440 from any foreign source from a country of concern after December 31,
449441 2013, shall disclose such gifts in the following manner:
450442 a. public schools shall disclose such gifts to the State
451443 Board of Education and the State Depa rtment of
452444 Education within sixty (60) days after the effective
453445 date of this act, and
454446 b. institutions of higher education shall disclose such
455447 gifts to the Oklahoma State Regents for Higher
456448 Education within sixty (60) days after the effective
457449 date of this act.
458450 2. Unless otherwise prohibited or deemed confidential under
459451 state or federal law, disclosure required by this subsection shall
460452 include the date the gift was received; the amount of the gift; the
461453 purpose of the gift; the identification of the persons th e gift was
454+explicitly intended to benefit; any applicable conditions,
455+requirements, restrictions, or terms made part of the gift; the name
456+and country of residence or domicile of the foreign source; the name
457+and mailing address of the disclosing entity; and, as applicable,
458+the date of termination of the gift.
459+3. Information submitted pursuant to paragraph 1 of this
460+subsection shall be forward ed to the Office of Management and
461+Enterprise Services (OMES), which shall maintain a public web portal
462+to disclose information on past gifts from countries of concern.
462463
463-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 9 1
464+SENATE FLOOR VERSION - HB1181 SFLR Page 9
465+(Bold face denotes Committee Amendments) 1
464466 2
465467 3
466468 4
467469 5
468470 6
469471 7
470472 8
471473 9
472474 10
473475 11
474476 12
475477 13
476478 14
477479 15
478480 16
479481 17
480482 18
481483 19
482484 20
483485 21
484486 22
485487 23
486488 24
487489
488-explicitly intended to benefit; any applicable conditions,
489-requirements, restrictions, or terms made part of the gift; the na me
490-and country of residence or domicile of the foreign source; the name
491-and mailing address of the disclosing entity; and, as applicable,
492-the date of termination of the gift.
493-3. Information submitted pursuant to paragraph 1 of this
494-subsection shall be for warded to the Office of Management and
495-Enterprise Services (OMES), which shall maintain a public web portal
496-to disclose information on past gifts from countries of concern.
497490 4. Upon a request from the Governor, the President Pro Tempore
498491 of the Senate, or the S peaker of the House of Representatives, the
499492 State Auditor and Inspector shall inspect or audit a past gift or
500493 gift agreement.
501494 B. 1. Any public school or institution of higher education
502495 that has been offered directly or indirectly any gift with any value
503496 from a foreign source from a country of concern after the effective
504497 date of this act shall disclose such gift in the following manner:
505498 a. public schools shall disclose such gifts to the State
506499 Board of Education and the State Department of
507500 Education before accepting such gifts, and
508501 b. institutions of higher education shall disclose such
509502 gifts to the Oklahoma State Regents for Higher
510503 Education before accepting such gifts.
504+2. Unless otherwise prohibited or deemed confidential under
505+state or federal law, discl osure required by this subsection shall
506+include the date the gift was offered; the amount of the gift; the
507+purpose of the gift; the identification of the persons the gift was
508+explicitly intended to benefit; any applicable conditions,
509+requirements, restrict ions, or terms made part of the gift; the name
510+and country of residence or domicile of the foreign source; the name
511+and mailing address of the disclosing entity; and, as applicable,
512+the date of termination of the gift.
511513
512-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 10 1
514+SENATE FLOOR VERSION - HB1181 SFLR Page 10
515+(Bold face denotes Committee Amendments) 1
513516 2
514517 3
515518 4
516519 5
517520 6
518521 7
519522 8
520523 9
521524 10
522525 11
523526 12
524527 13
525528 14
526529 15
527530 16
528531 17
529532 18
530533 19
531534 20
532535 21
533536 22
534537 23
535538 24
536539
537-2. Unless otherwise prohibited or deemed confidential under
538-state or federal law, d isclosure required by this subsection shall
539-include the date the gift was offered; the amount of the gift; the
540-purpose of the gift; the identification of the persons the gift was
541-explicitly intended to benefit; any applicable conditions,
542-requirements, restrictions, or terms made part of the gift; the name
543-and country of residence or domicile of the foreign source; the name
544-and mailing address of the disclosing entity; and, as applicable,
545-the date of termination of the gift.
546540 3. Information submitted pursuant to paragraph 1 of this
547541 subsection shall be forwarded to OMES. Within thirty (30) days of
548542 receiving the disclosure of an offered gift, OMES shall issue a
549543 final decision to the public school or institution of higher
550544 education on whether and under what conditi ons the public school or
551545 institution of higher education may accept the gift. OMES shall:
552546 a. develop disclosure forms, rules, and procedures for
553547 deciding whether to allow a public school or
554548 institution of higher education to accept gifts from
555549 countries of concern, and
556550 b. maintain a public web portal disclosing proposed gifts
557551 from countries of concern with the final dec ision from
558552 OMES on whether to allow the public school or
559553 institution of higher education to accept the gift.
554+4. For the purposes of this se ction, a gift received by a
555+public school or institution of higher education from a foreign
556+source through an intermediary shall be considered an indirect gift
557+and shall be subject to the approval process provided for in this
558+subsection.
559+5. Upon the request of the Governor, the President Pro Tempore
560+of the Senate, or the Speaker of the House of Representatives, the
561+State Auditor and Inspector shall inspect or audit a gift or gift
562+agreement.
560563
561-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 11 1
564+SENATE FLOOR VERSION - HB1181 SFLR Page 11
565+(Bold face denotes Committee Amendments) 1
562566 2
563567 3
564568 4
565569 5
566570 6
567571 7
568572 8
569573 9
570574 10
571575 11
572576 12
573577 13
574578 14
575579 15
576580 16
577581 17
578582 18
579583 19
580584 20
581585 21
582586 22
583587 23
584588 24
585589
586-4. For the purposes of thi s section, a gift received by a
587-public school or institution of higher education from a foreign
588-source through an intermediary shall be considered an indirect gift
589-and shall be subject to the approval process provided for in this
590-subsection.
591-5. Upon the request of the Governor, the President Pro Tempore
592-of the Senate, or the Speaker of the House of Representatives, the
593-State Auditor and Inspector shall inspect or audit a gift or gift
594-agreement.
595590 SECTION 3. NEW LAW A new section of law to be codified
596591 in the Oklahoma Statutes as Section 24 -164 of Title 70, unless there
597592 is created a duplication in numbering, reads as follows:
598593 A. A public school or institution of higher education that has
599594 entered directly or indirectly into any contract with any value from
600595 any foreign source from a country of concern after December 31,
601596 2013, shall disclose such contracts in the following manner:
602597 1. Public schools shall disclose such contracts to the State
603598 Board of Education and the State Department of Educat ion within
604599 sixty (60) days after the effective date of this act; and
605600 2. Institutions of higher education shall disclose such
606601 contracts to the Oklahoma State Regents for Higher Education within
607602 sixty (60) days after the effective date of this act.
608603 B. Unless otherwise prohibited or deemed confidential under
609604 state or federal law, disclosure required by subsection A of th is
605+section shall include the date of the contract; the amount of the
606+contract; the purpose of the contract; the identification of the
607+persons the contract was explicitly intended to benefit; any
608+applicable conditions, requirements, restrictions, or terms made
609+part of the contract; a copy of the contract; the name and country
610+of residence or domicile of the foreign source; the name and mailing
611+address of the disclosing entity; and, as applicable, the date of
612+termination of the contract.
610613
611-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 12 1
614+SENATE FLOOR VERSION - HB1181 SFLR Page 12
615+(Bold face denotes Committee Amendments) 1
612616 2
613617 3
614618 4
615619 5
616620 6
617621 7
618622 8
619623 9
620624 10
621625 11
622626 12
623627 13
624628 14
625629 15
626630 16
627631 17
628632 18
629633 19
630634 20
631635 21
632636 22
633637 23
634638 24
635639
636-section shall include the date of the contract; the amount of the
637-contract; the purpose of the contract; the identification of the
638-persons the contract was explicitly intended to benefit; any
639-applicable conditions, requirements, restrictions, or terms made
640-part of the contract; a copy of the contract; the name and country
641-of residence or domicile of the foreign source; the name and mail ing
642-address of the disclosing entity; and, as applicable, the date of
643-termination of the contract.
644640 C. For the purposes of this section, a contract entered into
645641 with a foreign source through an intermediary or affiliate
646642 organization shall be considered an indi rect contract to the public
647643 school or institution of higher education and shall be subject to
648644 the disclosure process provided for in this section.
649645 D. Information submitted pursuant to subsection A of this
650646 section shall be forwarded to the Office of Manage ment and
651647 Enterprise Services (OMES), which shall maintain a public web portal
652648 to disclose information on past propos ed and entered into contracts
653649 with countries of concern.
654650 E. Upon the request of the Governor, the President Pro Tempore
655651 of the Senate, or the Speaker of the House of Representatives, the
656652 State Auditor and Inspector shall inspect or audit a past contract.
657653 F. Any public school or institution of higher education that
658654 has been offered or has proposed directly or indirectly any contract
659655 with any value from or with a foreign source from a country of
656+concern after the effective date of this act shall disclose su ch
657+proposed contract in the following manner:
658+1. Public schools shall disclose such contract to the State
659+Board of Education and the State Department of Education before
660+entering into such contract; and
661+2. Institutions of higher education shall disclose such
662+contract to the State Regents.
660663
661-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 13 1
664+SENATE FLOOR VERSION - HB1181 SFLR Page 13
665+(Bold face denotes Committee Amendments) 1
662666 2
663667 3
664668 4
665669 5
666670 6
667671 7
668672 8
669673 9
670674 10
671675 11
672676 12
673677 13
674678 14
675679 15
676680 16
677681 17
678682 18
679683 19
680684 20
681685 21
682686 22
683687 23
684688 24
685689
686-concern after the effective date of this act shall disclose such
687-proposed contract in the following manner:
688-1. Public schools shall disclose such contract to the State
689-Board of Education and the St ate Department of Education before
690-entering into such contract; and
691-2. Institutions of higher education shall disclose such
692-contract to the State Regents.
693690 G. Unless otherwise prohibited or deemed confidential under
694691 state or federal law, disclosure required b y subsection F of this
695692 section shall include the date of the contract; the amount of the
696693 contract; the purpose of th e contract; the identification of the
697694 persons the contract was explicitly intended to benefit; any
698695 applicable conditions, requirements, rest rictions, or terms made
699696 part of the contract; a copy of the contract; the name and country
700697 of residence or domicile of the foreign source; the name and mailing
701698 address of the disclosing entity; and, as applicable, the date of
702699 termination of the contract.
703700 H. Information submitted pursuant to subsection F of this
704701 section shall be forwarded to OMES. Within thirty (30) da ys of
705702 receiving the disclosure of the offered or proposed contract, OMES
706703 shall issue a final decision to the public school or institution of
707704 higher education on whether and under what conditions the public
708705 school or institution of higher education may enter into the
709706 contract. OMES shall:
707+1. Develop disclosure forms, rules, and procedures for deciding
708+whether to allow a public school or an in stitution of higher
709+education to enter into a contract with a country of concern; and
710+2. Maintain a public web port al disclosing proposed or offered
711+contracts with countries of concern with the final decision from
712+OMES on whether to allow the public schoo l or institution of higher
713+education to enter into the contract.
710714
711-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 14 1
715+SENATE FLOOR VERSION - HB1181 SFLR Page 14
716+(Bold face denotes Committee Amendments) 1
712717 2
713718 3
714719 4
715720 5
716721 6
717722 7
718723 8
719724 9
720725 10
721726 11
722727 12
723728 13
724729 14
725730 15
726731 16
727732 17
728733 18
729734 19
730735 20
731736 21
732737 22
733738 23
734739 24
735740
736-1. Develop disclosure forms, rules, and procedures for deciding
737-whether to allow a public school or a n institution of higher
738-education to enter into a contract with a country of concern; and
739-2. Maintain a public web portal disclosing proposed or offered
740-contracts with countries of concern with the final decision from
741-OMES on whether to allow the public s chool or institution of higher
742-education to enter into the contract.
743741 I. For the purposes of this section, a contract proposed from a
744742 foreign source through an intermediary or affiliate organization
745743 shall be considered an indirect contract with the public scho ol or
746744 institution of higher education and shall be subject to the approval
747745 process provided for in subsection H of t his section.
748746 J. Upon the request of the Governor, the President Pro Tempore
749747 of the Senate, or the Speaker of the House of Representatives, the
750748 State Auditor and Inspector shall inspect or audit a contract
751749 entered into pursuant to this section.
752750 SECTION 4. NEW LAW A new section of law to be codified
753751 in the Oklahoma Statutes as Section 24 -165 of Title 70, unless there
754752 is created a duplication in numbering, reads as follows:
755753 A. A public school or institution of higher education that
756754 knowingly, willfully, or negligently fails to disclose the
757755 information required by the Research and Education Protection Act of
758756 2024 shall be subject to a civil penalty of one hundred and five
759757 percent (105%) of the amount of the undisclosed gift or contract,
758+payable only from non -state funds. The recovered funds shall be
759+deposited into the General Revenue Fund. The State Board of
760+Education or the Oklahoma State Regents for Higher Education may
761+administratively enforce the penalty provided for in this sectio n as
762+an administrative penalty.
763+B. In the absence of enforcement by the State Board of
764+Education or the State Regents, the Attorney General or the Office
760765
761-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 15 1
766+SENATE FLOOR VERSION - HB1181 SFLR Page 15
767+(Bold face denotes Committee Amendments) 1
762768 2
763769 3
764770 4
765771 5
766772 6
767773 7
768774 8
769775 9
770776 10
771777 11
772778 12
773779 13
774780 14
775781 15
776782 16
777783 17
778784 18
779785 19
780786 20
781787 21
782788 22
783789 23
784790 24
785791
786-payable only from non -state funds. The recovered funds shall be
787-deposited into the General Revenue Fund. The State Board of
788-Education or the Oklahoma State Regents for Higher Education may
789-administratively enforce the penalty provided for in this section as
790-an administrative penalty.
791-B. In the absence of enforcement by the State Board of
792-Education or the State Regents, the Attorney Gen eral or the Office
793792 of the State Treasurer may bring a civil action to enforce the
794793 provisions of the Research and Education Protection Act of 2024. If
795794 such action is successful, the Attorney General or the Office of the
796795 State Treasurer shall be entitled to rea sonable attorney fees and
797796 costs.
798797 C. An employee of a public school or an institution of higher
799798 education who in goo d faith reports an undisclosed foreign gift or
800799 contract to the Attorney General or the Office of the State
801800 Treasurer shall be immune from em ployment discipline or civil
802801 liability. The reporting employee shall be entitled to receive a
803802 reward in the amount of twenty -five percent (25%) of any penalty
804803 recovered by the State Board of Education, the State Regents, the
805804 Attorney General, or the Offic e of the State Treasurer.
806805 D. Information reported pursuant to Sections 2 and 3 of this
807806 act shall not be deemed conf idential except as provided for in the
808807 Oklahoma Open Records Act.
808+E. The State Board of Education and the State Regents may
809+promulgate rules to implement the provisions of this section.
810+SECTION 5. NEW LAW A new section of law to be codified
811+in the Oklahoma Statutes as Section 24 -166 of Title 70, unless there
812+is created a duplication in numbering, reads as follows:
813+A. A public school or institution of higher education shall not
814+participate in any cultural exchange agreement with a f oreign source
809815
810-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 16 1
816+SENATE FLOOR VERSION - HB1181 SFLR Page 16
817+(Bold face denotes Committee Amendments) 1
811818 2
812819 3
813820 4
814821 5
815822 6
816823 7
817824 8
818825 9
819826 10
820827 11
821828 12
822829 13
823830 14
824831 15
825832 16
826833 17
827834 18
828835 19
829836 20
830837 21
831838 22
832839 23
833840 24
834841
835-E. The State Board of Education and the State Regents may
836-promulgate rules to implement the provisions of this section.
837-SECTION 5. NEW LAW A new section of law to be codified
838-in the Oklahoma Statutes as Section 24 -166 of Title 70, unless there
839-is created a duplication in numbering, reads as follows:
840-A. A public school or institution of higher education shall not
841-participate in any cultural exchange agreement with a foreign source
842842 from a country of concern, or any entity controlled by a country of
843843 concern, which:
844844 1. Constrains the freedom of contract of such public school or
845845 institution of higher education;
846846 2. Allows the curricula or values of a program in this state to
847847 be directed, controlled, or influenced by a country of concern; or
848848 3. Promotes an agenda detrimental to the safety or security of
849849 this state, its residents, or the United States.
850850 B. Prior to the execution of a cultural exchange agreement with
851851 a foreign source from a country of concern, the substance of the
852852 agreement shall be shared with:
853853 1. Federal agencies concerned with protecting nat ional security
854854 or enforcing trade sanctions, embargoes, or other restrictions under
855855 federal law. If any federal agency provides information suggesting
856856 that such an agreement promotes an agenda detrimental to the safety
857857 or security of this state, the Unite d States, or its residents, the
858+public school or institution of higher education may not enter into
859+the agreement; and
860+2. The Office of Management and Enterprise Services (OMES). If
861+OMES provides information suggesting that such an agreement promotes
862+an agenda detrimental to the safety or security of this state, the
863+United States, or its residents, the public school or institution of
864+higher education may not enter into the agreement.
858865
859-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 17 1
866+SENATE FLOOR VERSION - HB1181 SFLR Page 17
867+(Bold face denotes Committee Amendments) 1
860868 2
861869 3
862870 4
863871 5
864872 6
865873 7
866874 8
867875 9
868876 10
869877 11
870878 12
871879 13
872880 14
873881 15
874882 16
875883 17
876884 18
877885 19
878886 20
879887 21
880888 22
881889 23
882890 24
883891
884-public school or institution of higher education may not enter into
885-the agreement; and
886-2. The Office of Management and Enterprise Services (OMES). If
887-OMES provides information suggesting that such an agreement promotes
888-an agenda detrimental to the safety or security of this state, the
889-United States, or its residents, the public school or institution of
890-higher education may not enter into the agreement.
891892 C. By July 1, 2025, and by each July 1 thereafter, each public
892893 school shall submit the information required by subsection B of this
893894 section to the State Board of Education, and each insti tution of
894895 higher education shall submit the information required by subsection
895896 B of this section to the Oklahoma State Regents for Higher
896897 Education.
897898 D. By December 1, 2025, and each December 1 thereafter, the
898899 State Regents and the State Board of Education shall each
899900 electronically submit a report to the Governor, the President Pro
900901 Tempore of the Senate, and the Speaker of the House of
901902 Representatives relating to partnerships and agreements of
902903 institutions of higher education and public schools, respectivel y,
903904 made with educational institutions or other institutions based in
904905 countries of concern. The report shall include at a minimum the
905906 following information for the previous fiscal year:
906907 1. Data reflecting any grant program, agreement, partnership,
907908 or contract between an institution of higher education and any
909+college, university, or entity that is based in or controlled by a
910+country of concern or between a public school and any private or
911+public school that is based in or controlled by a country of
912+concern;
913+2. Data reflecting any office, campus, or physical location
914+used or maintained by an institution of higher education in a
915+country of concern; and
908916
909-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 18 1
917+SENATE FLOOR VERSION - HB1181 SFLR Page 18
918+(Bold face denotes Committee Amendments) 1
910919 2
911920 3
912921 4
913922 5
914923 6
915924 7
916925 8
917926 9
918927 10
919928 11
920929 12
921930 13
922931 14
923932 15
924933 16
925934 17
926935 18
927936 19
928937 20
929938 21
930939 22
931940 23
932941 24
933942
934-college, university, or entity that is based in or controlled by a
935-country of concern or between a public school and any private or
936-public school that is based in or controlled by a country of
937-concern;
938-2. Data reflecting any office, campus, or physical location
939-used or maintained by an institution of higher education in a
940-country of concern; and
941943 3. The date on which any such grant program, agreement,
942944 partnership, or contract reported pursuant to paragraph 1 of this
943945 subsection is expected to terminate.
944946 E. 1. No students’ or scholars’ association affiliated with
945947 any public school or inst itution of higher education may accept any
946948 gift or grant from a foreign source in a country of concern or enter
947949 into any contract or agreement with a foreign source in a country of
948950 concern. For the purposes of this subsection, member dues or fees
949951 shall not be considered a gift or grant from a foreign source in a
950952 country of concern.
951953 2. A violation of the provisions of paragraph 1 of this
952954 subsection shall result in the public school or institution of
953955 higher education ending any affiliation with the students ’ or
954956 scholars’ association.
955957 F. Each public school or institution of higher education that
956958 has established or will e stablish an exchange program or
957959 international cultural agreement concerning the Mandarin dialect of
960+the Chinese language or culture shall ad opt a policy of prioritizing
961+partnerships with foreign sources from the Republic of China over
962+partnerships with foreign sources from the People ’s Republic of
963+China.
964+G. The State Board of Education and the State Regents may adopt
965+regulations and rules to implement the provisions of this section.
958966
959-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 19 1
967+SENATE FLOOR VERSION - HB1181 SFLR Page 19
968+(Bold face denotes Committee Amendments) 1
960969 2
961970 3
962971 4
963972 5
964973 6
965974 7
966975 8
967976 9
968977 10
969978 11
970979 12
971980 13
972981 14
973982 15
974983 16
975984 17
976985 18
977986 19
978987 20
979988 21
980989 22
981990 23
982991 24
983992
984-the Chinese language or culture shal l adopt a policy of prioritizing
985-partnerships with foreign sources from the Republic of China over
986-partnerships with foreign sources from the People ’s Republic of
987-China.
988-G. The State Board of Education and the State Regents may adopt
989-regulations and rules to implement the provisions of this section.
990993 SECTION 6. NEW LAW A new section of law to be codi fied
991994 in the Oklahoma Statutes as Section 24 -167 of Title 70, unless there
992995 is created a duplication in numbering, reads as follows:
993996 A. Each institution of higher education or affiliate thereof
994997 that has a research budget of Ten Million Dollars ($10,000,000.00)
995998 or more shall screen:
996999 1. Applicants seeking employment in research or research -
9971000 related support positions;
9981001 2. Graduate and undergraduat e students applying for research or
9991002 research-related support positions; and
10001003 3. Applicants for positions of visiting researcher who are:
10011004 a. citizens of a foreign country and who are not
10021005 permanent residents of the United States, or
10031006 b. citizens and permanent residents of the United States
10041007 who have any affiliation with an institution or
10051008 program or at least one year of prior employment or
10061009 training in a country of concern, with the exception
1010+of employment or training by an agency of the United
1011+States government.
1012+Screening required by this subsection shall be required prior to
1013+interviewing such applicants or offering an applic ant a position of
1014+employment or of visiting researcher. An institution of higher
1015+education may screen other applicants for such positions.
10071016
1008-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 20 1
1017+SENATE FLOOR VERSION - HB1181 SFLR Page 20
1018+(Bold face denotes Committee Amendments) 1
10091019 2
10101020 3
10111021 4
10121022 5
10131023 6
10141024 7
10151025 8
10161026 9
10171027 10
10181028 11
10191029 12
10201030 13
10211031 14
10221032 15
10231033 16
10241034 17
10251035 18
10261036 19
10271037 20
10281038 21
10291039 22
10301040 23
10311041 24
10321042
1033-of employment or training by an agency of the United
1034-States government.
1035-Screening required by this subsection shall be required prior to
1036-interviewing such applicants or offering an applicant a position of
1037-employment or of visiting researcher. An institution of higher
1038-education may screen other applicants for such positio ns.
10391043 B. In addition to satisfying all employment and enrollment
10401044 qualifications imposed by federal law, the governing board of
10411045 regents for each institution of higher education shall:
10421046 1. Require a foreign applicant to submit a complete copy of his
10431047 or her passport and most recently submitted Online Nonimmigrant Visa
10441048 Application, DS-160. After extraction and submission of all
10451049 information relevant to the requirements of this section, an
10461050 institution of higher education may destroy or return the copy of
10471051 the DS-160;
10481052 2. Require all individuals described in subsection A of this
10491053 section to submit:
10501054 a. a complete resume and curriculum vitae including every
10511055 institution of higher education attended,
10521056 b. all previous employment since the applicant reached
10531057 the age of eighteen,
10541058 c. a list of all published material for which the
10551059 applicant received credit as an author, a researcher,
1060+or otherwise to which the applicant contributed
1061+significant research, writing, or editorial support,
1062+d. a list of the applicant ’s current and pending r esearch
1063+funding from any source including the source of funds,
1064+the amount, the applicant ’s role on the project, and a
1065+brief description of the research, and
10561066
1057-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 21 1
1067+SENATE FLOOR VERSION - HB1181 SFLR Page 21
1068+(Bold face denotes Committee Amendments) 1
10581069 2
10591070 3
10601071 4
10611072 5
10621073 6
10631074 7
10641075 8
10651076 9
10661077 10
10671078 11
10681079 12
10691080 13
10701081 14
10711082 15
10721083 16
10731084 17
10741085 18
10751086 19
10761087 20
10771088 21
10781089 22
10791090 23
10801091 24
10811092
1082-or otherwise to which the applicant contributed
1083-significant research, writing, or editorial support,
1084-d. a list of the applicant ’s current and pending research
1085-funding from any source including the source of funds,
1086-the amount, the applicant ’s role on the project, and a
1087-brief description of the research, and
10881093 e. a full disclosure of non -institution of higher
10891094 education professional activities including any
10901095 affiliation with an institution of higher education or
10911096 program in a country of concern; and
10921097 3. An institution of hig her education may require individuals
10931098 described in subsection A of this section who have been continually
10941099 employed or enrolled in an institu tion of higher education in the
10951100 United States for twenty (20) years or more to submit employment
10961101 history prior to the most recent twenty (20) years.
10971102 C. The president of each institution of higher education or
10981103 affiliate thereof shall designate a research i ntegrity office to
10991104 review all materials submitted pursuant to subsection B of this
11001105 section and take reasonable steps to verify all attendance,
11011106 employment, publications, and contributions included in the
11021107 submitted materials. Reasonable steps shall include but not be
11031108 limited to searching public databases for research publications,
11041109 presentations, and public conflict of interest records to identify
11051110 any research publication or presentation that may have been omitted
1111+from the materials submitted pursuant to subs ection B of this
1112+section; contacting all employers of the most recent ten (10) years
1113+to verify employment; contactin g all institutions of higher
1114+education attended to verify enrollment and educational progress;
1115+searching public listings of persons subject to sanctions or
1116+restrictions under federal law; submitting the applicant ’s name and
11061117
1107-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 22 1
1118+SENATE FLOOR VERSION - HB1181 SFLR Page 22
1119+(Bold face denotes Committee Amendments) 1
11081120 2
11091121 3
11101122 4
11111123 5
11121124 6
11131125 7
11141126 8
11151127 9
11161128 10
11171129 11
11181130 12
11191131 13
11201132 14
11211133 15
11221134 16
11231135 17
11241136 18
11251137 19
11261138 20
11271139 21
11281140 22
11291141 23
11301142 24
11311143
1132-from the materials submitted pursuant to subsection B of this
1133-section; contacting all employers of the most recent ten (10) years
1134-to verify employment; contacting all institutions of higher
1135-education attended to verify enrollment and educational progress;
1136-searching public listings of persons subj ect to sanctions or
1137-restrictions under federal law; submitting the applicant ’s name and
11381144 other identifying information to the Federal Bureau of Investigation
11391145 or any federal agency reasonably willing to scrutinize such
11401146 applicant for national security or countere spionage purposes; and
11411147 any other steps deemed appropriate. The institution of higher
11421148 education or affiliate thereof may also direct the research
11431149 integrity office to approve applicants for hire based on a risk -
11441150 based determination considering the nature of the research and
11451151 background and ongoing affiliations of the applicant.
11461152 D. The provisions of this section shall be completed before an
11471153 institution of higher education or an affiliate thereof interviews
11481154 or offers a position to an individual described in sub section A of
11491155 this section in any research or research -related support position
11501156 and before granting such individual a ny access to research data or
11511157 activities or other sensitive data. An individual described in
11521158 subsection A of this section may not be employ ed in any research or
11531159 research-related support position if he or she fails to disclose a
11541160 substantial educational, employment, or research -related activity,
11551161 publication, or presentation at the time of submitting materials
1162+required by subsection B of this se ction unless an institution of
1163+higher education department head or his or her designee certifies in
1164+writing the substance of the nondisclosure and the reasons for
1165+disregarding such failure to disclose. A copy of such certification
1166+shall be kept in the inv estigative file of the research integrity
11561167
1157-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 23 1
1168+SENATE FLOOR VERSION - HB1181 SFLR Page 23
1169+(Bold face denotes Committee Amendments) 1
11581170 2
11591171 3
11601172 4
11611173 5
11621174 6
11631175 7
11641176 8
11651177 9
11661178 10
11671179 11
11681180 12
11691181 13
11701182 14
11711183 15
11721184 16
11731185 17
11741186 18
11751187 19
11761188 20
11771189 21
11781190 22
11791191 23
11801192 24
11811193
1182-required by subsection B of thi s section unless an institution of
1183-higher education department head or his or her designee certifies in
1184-writing the substance of the nondisclosure and the reasons for
1185-disregarding such failure to disclose. A copy of such certification
1186-shall be kept in the investigative file of the research integrity
11871194 office and shall be submitted to the nearest Federal Bureau of
11881195 Investigation field office.
11891196 E. An institution of higher education ’s research integrity
11901197 office designated pursuant to subsection C of this section shal l
11911198 report to the nearest Federal Bureau of Investigation field office,
11921199 any law enforcement agency designated by the G overnor, and the board
11931200 of regents of the institution of higher education or affiliate
11941201 thereof the identity of the individual who was rejecte d for
11951202 employment based on the scrutiny required by this section or other
11961203 risk-based screening.
11971204 F. Each institution of higher education shall adopt a policy of
11981205 prioritizing foreign researchers from allied nations and joint
11991206 research projects with allied nat ions in the following order of
12001207 prioritization:
12011208 1. Members of the Five Eyes Intelligence Oversight and Review
12021209 Council;
12031210 2. Current signatories of the North Atlantic Treaty;
1211+3. The State of Israel, the Republic of China, the People ’s
1212+Republic of Korea, Jap an, the Philippines, and the Republic of
1213+India; and
1214+4. All other countries including remaining nations designated
1215+as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the
1216+United States Department of State and remaining allied countries.
12041217
1205-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 24 1
1218+SENATE FLOOR VERSION - HB1181 SFLR Page 24
1219+(Bold face denotes Committee Amendments) 1
12061220 2
12071221 3
12081222 4
12091223 5
12101224 6
12111225 7
12121226 8
12131227 9
12141228 10
12151229 11
12161230 12
12171231 13
12181232 14
12191233 15
12201234 16
12211235 17
12221236 18
12231237 19
12241238 20
12251239 21
12261240 22
12271241 23
12281242 24
12291243
1230-3. The State of Israel, the Republic of China, the People ’s
1231-Republic of Korea, Japan, the Philippines, and the Republic of
1232-India; and
1233-4. All other countries including remaining nations designated
1234-as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the
1235-United States Department of State and remaining allied countries.
12361244 G. By July 1, 2025, each institution of higher education or
12371245 affiliate thereof that has a research budget of Ten Million D ollars
12381246 ($10,000,000.00) or more shall establish an international travel
12391247 approval and monitoring program. The program shall require
12401248 preapproval and screening by an institution of higher education ’s
12411249 research integrity office designated pursuant to subsection C of
12421250 this section, in addition to any other travel approval process
12431251 requirements applicable to the institution of higher education.
12441252 H. 1. Preapproval by an institution of higher education ’s
12451253 research integrity office shall be based on the applicant ’s review
12461254 and acknowledgement of guidance published by the employing
12471255 institution of higher education or affiliate thereof which relates
12481256 to countries of concern, countries under sanction, or other
12491257 restrictions or designations imposed by this state or the United
12501258 States government including any federal licensing requirements;
12511259 customs rules; export controls; restrictions on taking institutional
12521260 property including intellectual property abroad; restrictions on
12531261 presentations, teaching, and interactions with foreign col leagues;
1262+and other subjects important to the research and academic integrity
1263+of the institution of higher education.
1264+2. Preapproval by an i nstitution of higher education ’s research
1265+integrity office shall be based on the binding commitment of the
1266+individual traveler not to violate the institution of higher
12541267
1255-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 25 1
1268+SENATE FLOOR VERSION - HB1181 SFLR Page 25
1269+(Bold face denotes Committee Amendments) 1
12561270 2
12571271 3
12581272 4
12591273 5
12601274 6
12611275 7
12621276 8
12631277 9
12641278 10
12651279 11
12661280 12
12671281 13
12681282 14
12691283 15
12701284 16
12711285 17
12721286 18
12731287 19
12741288 20
12751289 21
12761290 22
12771291 23
12781292 24
12791293
1280-and other subjects important to the research and academic integrity
1281-of the institution of higher education.
1282-2. Preapproval by an institution of higher education ’s research
1283-integrity office shall be based on the binding commitment of the
1284-individual traveler not to violate the institution of higher
12851294 education’s limitations on travel and activities abroad and to obey
12861295 all applicable feder al laws.
12871296 I. The institution of higher education or affiliate thereof
12881297 shall maintain records of all foreign travel r equests and approvals;
12891298 expenses reimbursed by the institution of higher education or
12901299 affiliate thereof during such travel including travel, food, and
12911300 lodging; and payments and honoraria received during such travel and
12921301 activities including for travel, food, and lodging. The institution
12931302 of higher education shall retain the records for at least three (3)
12941303 years or any longer period of time requir ed by any applicable state
12951304 or federal law.
12961305 J. The institution of higher education or affiliate thereof
12971306 shall provide an annual report of foreign travel to countries of
12981307 concerns listing individual travelers, foreign locations visited,
12991308 and foreign instituti ons visited to its board of regents.
13001309 K. By July 1, 2025, the State Auditor and Inspector shall
13011310 perform an operational audit regarding implementation of the
13021311 provisions of this section.
1312+SECTION 7. NEW LAW A new section of law to be c odified
1313+in the Oklahoma Statutes as Section 24 -168 of Title 70, unless there
1314+is created a duplication in numbering, reads as follows:
1315+A. Subject to the approval of its board of regents, an
1316+institution of higher education shall only enter into a new or ren ew
1317+an existing academic partnership with an academic or research
13031318
1304-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 26 1
1319+SENATE FLOOR VERSION - HB1181 SFLR Page 26
1320+(Bold face denotes Committee Amendments) 1
13051321 2
13061322 3
13071323 4
13081324 5
13091325 6
13101326 7
13111327 8
13121328 9
13131329 10
13141330 11
13151331 12
13161332 13
13171333 14
13181334 15
13191335 16
13201336 17
13211337 18
13221338 19
13231339 20
13241340 21
13251341 22
13261342 23
13271343 24
13281344
1329-SECTION 7. NEW LAW A new section of law to be codified
1330-in the Oklahoma Statutes as Section 24 -168 of Title 70, unless there
1331-is created a duplication in numbering, reads as follows:
1332-A. Subject to the approval of its board of regents, an
1333-institution of higher education shall only enter into a new or renew
1334-an existing academic partnership with an academic or research
13351345 institution located in a country of concern if the institution of
13361346 higher education maintains sufficient structural safeguards to
13371347 protect its intellectual property, the security of this state, and
13381348 the national security interests of the United States. A board of
13391349 regents shall only approve an institution of higher education’s
13401350 partnership if the board, in consultation with the Office of the
13411351 Attorney General, determines the partnership meets the f ollowing
13421352 safeguard requirements:
13431353 1. Compliance with all federal requirements including the
13441354 requirements of federal research sponsors and federal export control
13451355 agencies, regulations regarding international traffic in arms and
13461356 export administration, and ec onomic and trade sanctions administered
13471357 by the federal Office of Foreign Assets Control of the United States
13481358 Department of the Treasury;
13491359 2. Annual formal institution -level programs for faculty on
13501360 conflicts of interest and conflicts of commitment; and
13511361 3. A formalized foreign visitor process and uniform visiting
13521362 scholar agreement.
1363+B. The board of regents of an institution of higher education,
1364+in consultation with the Office of the Attorney General, shall have
1365+full discretion to reject or terminate any rese arch partnership
1366+between the institution and an academic or research institution
1367+located in a country of concern at any time and for any purpose.
13531368
1354-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 27 1
1369+SENATE FLOOR VERSION - HB1181 SFLR Page 27
1370+(Bold face denotes Committee Amendments) 1
13551371 2
13561372 3
13571373 4
13581374 5
13591375 6
13601376 7
13611377 8
13621378 9
13631379 10
13641380 11
13651381 12
13661382 13
13671383 14
13681384 15
13691385 16
13701386 17
13711387 18
13721388 19
13731389 20
13741390 21
13751391 22
13761392 23
13771393 24
13781394
1379-B. The board of regents of an institution of higher education,
1380-in consultation with the Office of the Attorney General, shall have
1381-full discretion to reject or terminate any research partnership
1382-between the institution and an academic or research institution
1383-located in a country of concern at any time and for any purpose.
13841395 SECTION 8. NEW LAW A new section of law to be codified
13851396 in the Oklahoma Statutes as Sec tion 24-169 of Title 70, unless there
13861397 is created a duplication in numbering, reads as follows:
13871398 A. No later than ninety (90) days after the effective date of
13881399 this act, the Governor shall appoint one qualified person who shall
13891400 be responsible for the “Report on Foreign Influence in Higher
13901401 Education”. The report shall be electronically submitted to the
13911402 Governor, the President Pro Tempore of the Senate, and the Speaker
13921403 of the House of Representatives and shall be published semi -annually
13931404 on a state website.
13941405 B. The Report on Foreign Influence in Higher Education:
13951406 1. Shall investigate and provide oversight of all attempted
13961407 foreign influence operations in higher education in this state; and
13971408 2. May include a synthesis of reports from the federal
13981409 government and state agencies, new findings and ongoing
13991410 investigations, and recommendations for limiting exposure to foreign
14001411 influence.
1412+SECTION 9. NEW LAW A new section of law to be codified
1413+in the Oklahoma Statutes as Section 24 -170 of Title 70, unless there
1414+is created a duplication in numbering, reads as follows:
1415+The provisions of the Research and Education Protection Act of
1416+2024 are severable and if any part or provision shall be held void,
1417+the decision of the court so holding shall not affect or impair any
14011418
1402-ENGR. S. A. TO ENGR. H. B. NO. 1181 Page 28 1
1419+SENATE FLOOR VERSION - HB1181 SFLR Page 28
1420+(Bold face denotes Committee Amendments) 1
14031421 2
14041422 3
14051423 4
14061424 5
14071425 6
14081426 7
14091427 8
14101428 9
14111429 10
14121430 11
14131431 12
14141432 13
14151433 14
14161434 15
14171435 16
14181436 17
14191437 18
14201438 19
14211439 20
14221440 21
14231441 22
14241442 23
14251443 24
14261444
1427-SECTION 9. NEW LAW A new section of law to be codified
1428-in the Oklahoma Statutes as Section 24 -170 of Title 70, unless there
1429-is created a duplication in numbering, reads as follows:
1430-The provisions of the Research and Education Protection Act of
1431-2024 are severable and if any part or provision shall be held void,
1432-the decision of the court so holding shall not affect or impair any
14331445 of the remaining parts or provisions of the Research and Education
14341446 Protection Act of 2024.
14351447 SECTION 10. This act shall become effective July 1, 2024.
14361448 SECTION 11. It being immediately necessary for the preservation
14371449 of the public peace, health, or safety, an emergency is hereby
14381450 declared to exist, by reason whereof this act shall take effect and
1439-be in full force from and after its passage and approval. ”
1440-Passed the Senate the 2 5th day of April, 2024.
1441-
1442-
1443-
1444- Presiding Officer of the Senate
1445-
1446-
1447-Passed the House of Representatives the ____ day of __________,
1448-2024.
1449-
1450-
1451-
1452- Presiding Officer of the House
1453- of Representatives
1454-
1455-ENGR. H. B. NO. 1181 Page 1 1
1456-2
1457-3
1458-4
1459-5
1460-6
1461-7
1462-8
1463-9
1464-10
1465-11
1466-12
1467-13
1468-14
1469-15
1470-16
1471-17
1472-18
1473-19
1474-20
1475-21
1476-22
1477-23
1478-24
1479-
1480-ENGROSSED HOUSE
1481-BILL NO. 1181 By: McCall and Lepak of the
1482-House
1483-
1484- and
1485-
1486- Dahm of the Senate
1487-
1488-
1489-
1490-
1491-
1492-An Act relating to state operations and academic
1493-research; creating the Research, Education, and
1494-Government Operations Protection Act of 2024;
1495-providing definitions; requiring disclosure of
1496-certain gifts to state agencies, political
1497-subdivisions, institutions of K-12 education, and
1498-institutions of higher education; directing the
1499-Office of the Attorney General to maintain certain
1500-web portal to disclose certain past gifts; providing
1501-approval requirements for future gifts from countries
1502-of concern; directing for disclosure of certain past
1503-contracts from countries of concern; providing
1504-approval requirements for future contracts from
1505-countries of concern; d irecting for certain
1506-investigations by the Office of the Attorney General ;
1507-providing penalty for failure to make certain
1508-disclosures; providing for whistle-blower
1509-protections; clarifying no exceptions for certain
1510-information from Open Records requests ; permitting
1511-certain state agencies to adopt rules; prohibiting
1512-certain cultural exchange agreements with countries
1513-of concern or related entities; providing
1514-requirements for certain cultural exchange
1515-agreements; directing for certain submissio n of
1516-information; directing for submission of report s by
1517-the Oklahoma State Re gents for Higher Educa tion and
1518-the Oklahoma State Department of Education; providing
1519-minimum report contents; prohibiting certain students
1520-or scholars from accepting ce rtain gifts or grants;
1521-directing that certain agreements prioritize
1522-partnerships with The Republic of China; directing
1523-the Oklahoma State Regents for Higher Education and
1524-the Oklahoma State Department of Education to ad opt
1525-regulations and rules; requiring certain institutions
1526-of higher education to make certain screenings of
1527-
1528-ENGR. H. B. NO. 1181 Page 2 1
1529-2
1530-3
1531-4
1532-5
1533-6
1534-7
1535-8
1536-9
1537-10
1538-11
1539-12
1540-13
1541-14
1542-15
1543-16
1544-17
1545-18
1546-19
1547-20
1548-21
1549-22
1550-23
1551-24
1552-
1553-applicants seeking employment in research or
1554-research-related positions; requiring submission of
1555-certain information for employment screenings;
1556-directing for designated research integrity office to
1557-review certain materials and take certain reasonable
1558-steps to verify certain information; clarifying that
1559-requirements must be completed before interviewing or
1560-offering certain positions; directing research
1561-integrity official to report certain information to
1562-Federal Bureau of Investigation; directing for
1563-certain operation audit regarding implementation of
1564-law; directing certain institutions establish an
1565-international travel approval and monitoring program;
1566-providing requirements for preapproval of applicants;
1567-requiring state university or affiliate maintains of
1568-certain records; directing state university or entity
1569-provide annual report of foreign travel to co untries
1570-of concern; directing institutions of higher
1571-education to adopt policy prioritizing foreign
1572-researchers from allied nations and joint projects
1573-with allied nations; provid ing requirements for
1574-institutions of higher education to enter into new or
1575-renew academic partnerships with institutions in
1576-countries of concern; permitting Oklahoma State
1577-Regents for Higher Ed ucation to terminate certain
1578-partnerships; prohibiting the use, obtaining, or
1579-endeavor to obtain or use trade secrets; establishing
1580-penalties; directing for the Governor to appoint
1581-qualified person to be responsible for and submit The
1582-Report on Foreign Inf luence on Higher Education;
1583-providing for codification; providing an effective
1584-date; and declaring an emergency.
1585-
1586-
1587-
1588-
1589-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
1590-SECTION 12. NEW LAW A new section of law to be codified
1591-in the Oklahoma Statutes as Section 10001 of Title 70, unless there
1592-is created a duplication in numbering, reads as foll ows:
1593-This act shall be known and cited as the "Research, Education,
1594-and Government Operations Protection Act of 2024 ".
1595-
1596-ENGR. H. B. NO. 1181 Page 3 1
1597-2
1598-3
1599-4
1600-5
1601-6
1602-7
1603-8
1604-9
1605-10
1606-11
1607-12
1608-13
1609-14
1610-15
1611-16
1612-17
1613-18
1614-19
1615-20
1616-21
1617-22
1618-23
1619-24
1620-
1621-SECTION 13. NEW LAW A new section of law to be codified
1622-in the Oklahoma Statutes as Section 10002 of Title 70, unless there
1623-is created a duplication in numberin g, reads as follows:
1624-A. As used in this section of the Research, Education, and
1625-Government Operations Protection Act of 2024 :
1626-1. "Affiliate organization " shall mean any entit y under the
1627-control of or establis hed for the benefit o f an organization
1628-required to report under thi s section, including a direct-support
1629-organization;
1630-2. "Contract" shall mean any agreement for the acquisition by
1631-purchase, lease, or barter of property or services, for the direct
1632-benefit or use of either of t he parties;
1633-3. "Country of concern" shall mean any country designated by
1634-the United States Secretary of State as hostile or a Country of
1635-Particular Concern (CPC);
1636-4. "Direct-support organization " shall mean an organization
1637-which is organized and operated to receive, hold, inves t, and
1638-administer property and to make expenditures to or for the benefit
1639-of a state college, university or other educational institu tion or
1640-for the benefit of a research and development park or research and
1641-development authority affiliated with a state co llege or university
1642-or other educational institution;
1643-5. "Foreign government" shall mean the government of any
1644-country, nation, or group of nations, or any province or other
1645-
1646-ENGR. H. B. NO. 1181 Page 4 1
1647-2
1648-3
1649-4
1650-5
1651-6
1652-7
1653-8
1654-9
1655-10
1656-11
1657-12
1658-13
1659-14
1660-15
1661-16
1662-17
1663-18
1664-19
1665-20
1666-21
1667-22
1668-23
1669-24
1670-
1671-political subdivision of any countr y or nation, other than the
1672-government of the United States, including any agent of such foreign
1673-government;
1674-6. "Foreign source" shall mean any of the following:
1675-a. a foreign government or an agency of a foreign
1676-government,
1677-b. a legal entity, governmental or otherwise, created
1678-solely under the laws o f a foreign state or states,
1679-c. an individual who is not a citizen or a national of
1680-the United States or a territory or protectorate of
1681-the United States,
1682-d. a partnership, association, corporation, organizatio n,
1683-or any other combination of persons organiz ed under
1684-the laws of or having its principal place of business
1685-in a country of concern or subsidiary of such entity,
1686-e. an agent, including a subsidiary or an affiliate of a
1687-foreign legal entity, acting on beha lf of a foreign
1688-source,
1689-f. a political party or member of a political party. For
1690-the purposes of this subparagraph, the term "political
1691-party" means an organization or combination of
1692-individuals whose aim or purpose is, or who is engaged
1693-in any activity devoted in whole or in part to, the
1694-establishment, administration, control, or acquisition
1695-
1696-ENGR. H. B. NO. 1181 Page 5 1
1697-2
1698-3
1699-4
1700-5
1701-6
1702-7
1703-8
1704-9
1705-10
1706-11
1707-12
1708-13
1709-14
1710-15
1711-16
1712-17
1713-18
1714-19
1715-20
1716-21
1717-22
1718-23
1719-24
1720-
1721-of administration or control of a government of a
1722-country of concern or a subdivision thereof, or the
1723-furtherance or influencing of the political or public
1724-interest, policies, or relations of a government of a
1725-country of concern of subdivision thereof, and
1726-g. a program operated for the benefit of a g overnment or
1727-political party of a country of concern, including but
1728-not limited to the Thousand Talents Program, any
1729-program affiliated with United Front operations, a ny
1730-program affiliated with a country of concern's
1731-ministry of education ;
1732-7. "Gift" shall mean any gift, grant, endowment, award, or
1733-donation of money or property of any kind, or any combination
1734-thereof, including a conditional or unconditional pledge of s uch
1735-gift, endowment, award, or donation. For purposes of this
1736-definition, the term "pledge" shall mean a promise, an agreement, or
1737-an expressed intention to give a gift, and "grant" shall mean a
1738-transfer of money for a specified purpose, including a condi tional
1739-gift;
1740-8. "Institution of higher education" shall mean a state
1741-college or university or an independent nonprofit college or
1742-university that is located in and charted by the state and grants
1743-baccalaureate or higher degrees, or any other institution t hat has a
1744-physical presence in the state and is required to report foreign
1745-
1746-ENGR. H. B. NO. 1181 Page 6 1
1747-2
1748-3
1749-4
1750-5
1751-6
1752-7
1753-8
1754-9
1755-10
1756-11
1757-12
1758-13
1759-14
1760-15
1761-16
1762-17
1763-18
1764-19
1765-20
1766-21
1767-22
1768-23
1769-24
1770-
1771-gifts or contracts pursuant to 20 U.S.C. Section 1011f, or an
1772-affiliate organization to a covered institution ;
1773-9. "Institution of K-12 education" shall mean any public or
1774-private school in the State of Oklahoma that provides education at
1775-any point from kindergarten through the twelfth grade;
1776-10. "Interest" in an entity shall mean any direct or indirect
1777-investment in or loan to the e ntity valued at five percent (5%) or
1778-more of the entity's net worth, or any form of direct or indirect
1779-control exerting similar or greater influence on the governance of
1780-the entity; and
1781-11. "State agency or political subdivision " shall mean any
1782-agency or unit of state or local governme nt created or established
1783-by law.
1784-B. 1. Any state agency, political subdivision, institution of
1785-K-12 education, or institution of higher education that has received
1786-directly or indirectly any gift with any value from any foreig n
1787-source from a country of c oncern after December 31, 2013, shall
1788-disclose such gifts:
1789-a. state agencies and political subdivisions sha ll
1790-disclose such gifts to the Office of the Attorney
1791-General within sixty (60) days after the effective
1792-date of this act,
1793-b. institutions of K-12 education shall disclose such
1794-gifts to the Oklahoma State Department of Education
1795-
1796-ENGR. H. B. NO. 1181 Page 7 1
1797-2
1798-3
1799-4
1800-5
1801-6
1802-7
1803-8
1804-9
1805-10
1806-11
1807-12
1808-13
1809-14
1810-15
1811-16
1812-17
1813-18
1814-19
1815-20
1816-21
1817-22
1818-23
1819-24
1820-
1821-and to the Office of the Attorney General within sixty
1822-(60) days after the effective date of this act, and
1823-c. institutions of higher education shall disclose such
1824-gifts to the Oklahoma State Regents for Higher
1825-Education and to the Office of the Attorney General
1826-within sixty (60) days after the effective date of
1827-this act.
1828-2. Unless otherwise prohibited or deemed confidential under
1829-state or federal law, such disclosure shall incl ude the date of the
1830-gift, the amount of the gift, the purpose of the gift, the
1831-identification of the persons for whom the gift is explicitly
1832-intended to benefit, any applicable conditions, requirements,
1833-restrictions, or terms mad e part of the gift, the nam e and country
1834-of residence or domicile of the foreign source, the name and mailing
1835-address of the disclosing entity, and, as applicable, the date of
1836-termination of the gift .
1837-3. The Office of the Attorney General shall maintain a public
1838-web portal to disclose information on past gifts from countries of
1839-concern.
1840-4. For purposes of this section, a gift received f rom a
1841-foreign source through an intermediary or affiliate organization
1842-shall be considered an indirect gift to the state agency or
1843-political subdivision, and is subject to the disclosure process
1844-described in this section.
1845-
1846-ENGR. H. B. NO. 1181 Page 8 1
1847-2
1848-3
1849-4
1850-5
1851-6
1852-7
1853-8
1854-9
1855-10
1856-11
1857-12
1858-13
1859-14
1860-15
1861-16
1862-17
1863-18
1864-19
1865-20
1866-21
1867-22
1868-23
1869-24
1870-
1871-5. Upon the request of the Govern or, the President Pro Tempore
1872-of the Oklahoma State Senate, or the Speaker of the Oklahoma House
1873-of Representatives, the Office of the Attorney General , as
1874-applicable, must inspect or audit a past gift or gift agreement.
1875-C. 1. Any state agency, political subdivision, institution of
1876-K-12 education or institution of higher education that has been
1877-offered directly or indirect ly any gift with any value from a
1878-foreign source from a country of concern after the effective date of
1879-this act shall disclose such gif t:
1880-a. state agencies and other political subdivisions shall
1881-disclose such gifts to the Office of the Attorney
1882-General before accepting such gift ,
1883-b. institutions of K-12 education shall disclose such
1884-gifts to the Oklahoma State Board of Education and to
1885-the Office of the Attorney General before accepting
1886-such gift, and
1887-c. institutions of higher education shall disclose such
1888-gifts to the Oklahoma State Regent s for Higher
1889-Education and to the Office of the Attorney General
1890-before accepting such gift.
1891-2. Unless otherwise prohibited or deemed confidential under
1892-state or federal law, such disclosure shall include the date of the
1893-gift, the amount of the gift, the purpose of the gift, the
1894-identification of the persons for whom the gift is explicitly
1895-
1896-ENGR. H. B. NO. 1181 Page 9 1
1897-2
1898-3
1899-4
1900-5
1901-6
1902-7
1903-8
1904-9
1905-10
1906-11
1907-12
1908-13
1909-14
1910-15
1911-16
1912-17
1913-18
1914-19
1915-20
1916-21
1917-22
1918-23
1919-24
1920-
1921-intended to benefit, any applicable conditions, requirements,
1922-restrictions, or terms made part of the gift, the name and country
1923-of residence or domicile of the foreign source, th e name and mailing
1924-address of the disclosing entity, and, as appli cable, the date of
1925-termination of the gift.
1926-3. Within thirty (30) days of receiving the disclosure of the
1927-proposed gift, the Office of the Attorney General shall issue a
1928-final decision to the relevant state agency, political subdivision,
1929-institution of K-12 education or institu tion of higher education on
1930-whether and under what conditions the relevant state agency,
1931-political subdivision, institution of K-12 education or institution
1932-of higher education may accept the gift:
1933-a. the Office of the Attorney General shall develop
1934-disclosure forms, rules, and procedures for deciding
1935-upon whether to allow state agencies or political
1936-subdivisions to accept gif ts from countries of
1937-concern, and
1938-b. the Office of the Attorney General shall maintain a
1939-public web portal disclosing proposed gifts from
1940-countries of concern described in this section, along
1941-with the final decision on whether to allow the
1942-relevant state agency or political subdivision to
1943-accept the gift.
1944-
1945-ENGR. H. B. NO. 1181 Page 10 1
1946-2
1947-3
1948-4
1949-5
1950-6
1951-7
1952-8
1953-9
1954-10
1955-11
1956-12
1957-13
1958-14
1959-15
1960-16
1961-17
1962-18
1963-19
1964-20
1965-21
1966-22
1967-23
1968-24
1969-
1970-4. The Office of the Attorney General shall maintain a public
1971-web portal to disclose information on proposed and accepted gifts
1972-from countries of concern .
1973-5. For purposes of this section, a gift received from a
1974-foreign source through an intermedia ry shall be considered an
1975-indirect gift with the state agency or political subdivision, a nd is
1976-subject to the approval process described in this section .
1977-6. Upon the request of the Governor, the President Pro Tempore
1978-of the Oklahoma State Senate, or the Speaker of the Oklahoma House
1979-of Representatives, the Office of the Attorney General, as
1980-applicable, must inspect or audit a gift or gift agreement .
1981-D. 1. Any state agency, political subdivision, institution of
1982-K-12 education, or institution of higher ed ucation that has entered
1983-into directly or indirectly any contract with any value from any
1984-foreign source from a country of concern after December 31, 2013,
1985-shall disclose such contracts :
1986-a. state agencies and pol itical subdivisions shall
1987-disclose such contracts to the Office of the Attorney
1988-General within sixty (60) days after the effective
1989-date of this act,
1990-b. institutions of K-12 education shall disclose such
1991-contracts to the Oklahoma State Board of Education and
1992-to the Office of the Attorney General within sixty
1993-(60) days after the effective date of this act, and
1994-
1995-ENGR. H. B. NO. 1181 Page 11 1
1996-2
1997-3
1998-4
1999-5
2000-6
2001-7
2002-8
2003-9
2004-10
2005-11
2006-12
2007-13
2008-14
2009-15
2010-16
2011-17
2012-18
2013-19
2014-20
2015-21
2016-22
2017-23
2018-24
2019-
2020-c. institutions of higher ed ucation shall disclose such
2021-contracts to the Oklahoma State Regents for Higher
2022-Education and to the Office of the Attorney General
2023-within sixty (60) days after the eff ective date of
2024-this act.
2025-2. Unless otherwise prohibited or deemed confidential under
2026-state or federal law, such disclosure shall include the date of the
2027-contract, the amount of the contract, the purpose of the c ontract,
2028-the identification of the persons f or whom the contract is
2029-explicitly intended to benefit, any applicable conditions,
2030-requirements, restrictions, or terms made part of the contract, a
2031-copy of the contract, the name and country of residence or domi cile
2032-of the foreign source, the name and mai ling address of the
2033-disclosing entity, and, as applicable, the date of termination of
2034-the contract.
2035-3. For purposes of this section, a contract entered into with
2036-a foreign source through an intermediary or affil iate organization
2037-shall be considered an ind irect contract to the state agency,
2038-political subdivision, institution of K-12 education or institution
2039-of higher education and is subject to the disclosure process
2040-described in this section .
2041-4. The Office of the Attorney General shall maintain a public
2042-web portal to disclose information on past proposed and entered into
2043-contracts from countr ies of concern.
2044-
2045-ENGR. H. B. NO. 1181 Page 12 1
2046-2
2047-3
2048-4
2049-5
2050-6
2051-7
2052-8
2053-9
2054-10
2055-11
2056-12
2057-13
2058-14
2059-15
2060-16
2061-17
2062-18
2063-19
2064-20
2065-21
2066-22
2067-23
2068-24
2069-
2070-5. Upon the request of the Governor, the President Pro Tempore
2071-of the Oklahoma State Senate, or the Speaker of the Oklahoma House
2072-of Representatives, the Office of the Attorney General, as
2073-applicable, must inspect or audit a past contract.
2074-E. 1. Any state agency, political subdivision, institution of
2075-K-12 education or institution of higher education that has been
2076-offered or has proposed directly or in directly any contract with any
2077-value from or with a foreign source from a countr y of concern after
2078-the effective date of this act shall disclose such proposed
2079-contract:
2080-a. state agencies and other political subdi visions shall
2081-disclose such contract to the Office of the Attorney
2082-General before entering into such contract,
2083-b. institutions of K-12 education shall disclose such
2084-contract to the Oklahoma State Department of Education
2085-and to the Office of the Attorney General before
2086-entering into such contract , and
2087-c. institutions of higher education shall disclose such
2088-contract to the Oklahoma State Regents for Higher
2089-Education and to the Office of the Attorney General
2090-before entering into such contract .
2091-2. Unless otherwise prohibited or deemed confidential under
2092-state or federal law, such disclosure shall include the date of the
2093-gift, the amount of the gift, the purpose of the gift, the
2094-
2095-ENGR. H. B. NO. 1181 Page 13 1
2096-2
2097-3
2098-4
2099-5
2100-6
2101-7
2102-8
2103-9
2104-10
2105-11
2106-12
2107-13
2108-14
2109-15
2110-16
2111-17
2112-18
2113-19
2114-20
2115-21
2116-22
2117-23
2118-24
2119-
2120-identification of the persons for whom the gift is explicitly
2121-intended to benefit, a ny applicable conditions, requirements,
2122-restrictions, or terms made part of the gift, the name and country
2123-of residence or domicile of the foreign source, the name and mailing
2124-address of the disclosing entity, and, as applicable, the date of
2125-termination of the gift.
2126-3. Within thirty (30) days of receiving the disclosure of the
2127-proposed gift, the Office of the Attorney General shall issue a
2128-final decision to the relevant state agency, political subdivision,
2129-institution of K-12 education or institution of hi gher education on
2130-whether and under what con ditions the relevant state agency,
2131-political subdivision, instituti on of K-12 education or institution
2132-of higher education may accept the gift :
2133-a. the Office of the Attorney General shall develop
2134-disclosure forms, rules, and procedures for deciding
2135-upon whether to allow state agencies or political
2136-subdivisions to accept g ifts from countries of
2137-concern, and
2138-b. the Office of the Attorney General shall maintain a
2139-public web portal disclosing proposed gifts from
2140-countries of concern described in this section, a long
2141-with the final decision on whether to allow the
2142-relevant state agency or political subdivision to
2143-accept the gift.
2144-
2145-ENGR. H. B. NO. 1181 Page 14 1
2146-2
2147-3
2148-4
2149-5
2150-6
2151-7
2152-8
2153-9
2154-10
2155-11
2156-12
2157-13
2158-14
2159-15
2160-16
2161-17
2162-18
2163-19
2164-20
2165-21
2166-22
2167-23
2168-24
2169-
2170-4. For purposes of this section, a contract proposed from a
2171-foreign source through an inter mediary or affiliate organization
2172-shall be considered an indirect contract with the state agency,
2173-political subdivision, institution of K-12 education or institution
2174-of higher education and is subject to the approval process described
2175-in this section.
2176-5. The Office of the Attorney General shall maintain a public
2177-web portal to disclose information on past proposed and entered into
2178-contracts from countries of concern.
2179-6. Upon the request of the Governor, the President Pro Tempore
2180-of the Oklahoma State Senate, or the Speaker of the Oklahoma House
2181-of Representatives, the Office of the Attorney General, as
2182-applicable, must inspect or aud it a contract agreement.
2183-F. 1. Upon receiving a referral from an inspector general or
2184-other compliance officer of a state ag ency or political subdivision
2185-or any sworn complaint based upon substantive information and
2186-reasonable belief, the Office of the Attorney General must
2187-investigate an allegation of violation of this act:
2188-The Office of the Attorney General , an inspector general, or any
2189-other agent or compliance office r authorized by a state agency or
2190-political subdivision may request records relevant to any reasonable
2191-suspicion of a violation of this act. An entity must provide the
2192-required records within ten (10) days after such request or at a
2193-
2194-ENGR. H. B. NO. 1181 Page 15 1
2195-2
2196-3
2197-4
2198-5
2199-6
2200-7
2201-8
2202-9
2203-10
2204-11
2205-12
2206-13
2207-14
2208-15
2209-16
2210-17
2211-18
2212-19
2213-20
2214-21
2215-22
2216-23
2217-24
2218-
2219-later time agreed to b y the investigating state agency or political
2220-subdivision.
2221-2. Failure to make a discl osure required under this act or
2222-failure to provide records requested under paragraph 1 of this
2223-subsection constitutes a civil violation punishable upon a final
2224-administrative finding with a fine of Ten Thousand Dollars
2225-($10,000.00) for a first violation or Twenty Thousand Dollars
2226-($20,000.00) for any subsequent violation.
2227-3. In addition to any fine assessed und er paragraph 2 of this
2228-subsection, a final order determining a violation by a state agency
2229-or political subdivision must include a determination of th e
2230-identity of the officer responsible for acceptance of the
2231-undisclosed gift. Such order must also include a referral by the
2232-Office of the Attorney General to the Governor or other officer
2233-authorized to suspend or remove from public office the officer
2234-responsible for acceptance of the undisclosed gift. A copy of such
2235-referral must be provided to the President Pro Tempore of the
2236-Oklahoma State Senate and the Speaker of the Oklahoma House of
2237-Representatives for oversight of such suspension and removal
2238-authority.
2239-4. An institution of K-12 education or an institution of
2240-higher education that know ingly, willfully, or negligently fails to
2241-disclose the information required by this section shall be subject
2242-to a civil penalty of one hundred five percent (105%) of the amount
2243-
2244-ENGR. H. B. NO. 1181 Page 16 1
2245-2
2246-3
2247-4
2248-5
2249-6
2250-7
2251-8
2252-9
2253-10
2254-11
2255-12
2256-13
2257-14
2258-15
2259-16
2260-17
2261-18
2262-19
2263-20
2264-21
2265-22
2266-23
2267-24
2268-
2269-of the undisclosed gift(s) or contr act(s), payable only from
2270-nonstate funds of the institution of K -12 education or institution
2271-of higher education o r the affiliate organization that received such
2272-gift. The recovered funds must be deposited int o the State General
2273-Revenue Fund. The Office of the Attorney General, the Oklahoma
2274-State Department of Education, or the Oklahoma State Regents for
2275-Higher Education, as applicable, may administratively enforce this
2276-section and impose the civil penalty as an administrative penalty.
2277-5. A whistle-blower who reports an undisclosed foreign g ift or
2278-contract to the appropriate insp ector general may also report such
2279-undisclosed gift or contract to the Attorney General and retain
2280-whistle-blower protection under Section 34.301 of Title 62 of the
2281-Oklahoma Statutes. Such whistle-blower shall be enti tled to receive
2282-a reward in the amount of twenty-five percent (25%) of any penalty
2283-recovered by the Oklahoma State Department of Education, the
2284-Oklahoma State Regents for Higher Education, the Attorney General,
2285-or the Office of Management and Enterprise Services under this
2286-section. The Office of Management and Enterprise Services is
2287-authorized to incur expenditures to provide such reward from the
2288-penalty recovery. The reward may be paid through an intermediate
2289-attorney or trustee designa ted by the whistle-blower.
2290-6. Information reported u nder paragraph 5 is not confidential
2291-or exempt from an Open Records request, except as provided in
2292-
2293-ENGR. H. B. NO. 1181 Page 17 1
2294-2
2295-3
2296-4
2297-5
2298-6
2299-7
2300-8
2301-9
2302-10
2303-11
2304-12
2305-13
2306-14
2307-15
2308-16
2309-17
2310-18
2311-19
2312-20
2313-21
2314-22
2315-23
2316-24
2317-
2318-statute unless protected by any statu te as a trade secret defined in
2319-Section 6 of this act.
2320-7. The Office of Management and Enterprise Services , the Office
2321-of the Attorney General , the Oklahoma State Department of Education,
2322-and the Oklahoma State Regents for Higher Education may adopt
2323-regulations or rules, as applicable, to impleme nt this section.
2324-SECTION 14. NEW LAW A new section of law to be codified
2325-in the Oklahoma Statutes as S ection 10003 of Title 70, unless there
2326-is created a duplication in numbering, reads as fo llows:
2327-A. As used in this section of the Research, Education an d
2328-Government Operations Protection Act of 2024 :
2329-1. "Agreement" means a written or spoken statement of mutual
2330-interest in cultural exchange or academic or research collaboration ;
2331-2. "Country of concern" shall mean any country designated by
2332-the United States Secretary of State as hostile or a Country of
2333-Particular Concern (CPC);
2334-3. "Foreign source" shall m ean any of the following :
2335-a. a foreign government or an agency of a foreign
2336-government,
2337-b. a legal entity, governmental or otherwise, created
2338-solely under the laws of a foreign state or states ,
2339-c. an individual who is not a citizen or a national of
2340-the United States or a territory or protectorate of
2341-the United States,
2342-
2343-ENGR. H. B. NO. 1181 Page 18 1
2344-2
2345-3
2346-4
2347-5
2348-6
2349-7
2350-8
2351-9
2352-10
2353-11
2354-12
2355-13
2356-14
2357-15
2358-16
2359-17
2360-18
2361-19
2362-20
2363-21
2364-22
2365-23
2366-24
2367-
2368-d. a partnership, association, corporation, organization,
2369-or any other combination of persons organized under
2370-the laws of or havin g its principal place of business
2371-in a country of concern or s ubsidiary of such entity,
2372-e. an agent, including a subsidiary or an affiliate of a
2373-foreign legal entity, acting on behalf of a for eign
2374-source,
2375-f. a political party or member of a political party . For
2376-the purposes of this subparagraph, the term "political
2377-party" means an organization or combination of
2378-individuals whose aim or purpose is, or who is engaged
2379-in any activity devoted in who le or in part to, the
2380-establishment, administration, control, or acquisition
2381-of administration or control of a government of a
2382-country of concern or a subdivision thereof, or the
2383-furtherance or influencing o f the political or public
2384-interest, policies, or relations of a government of a
2385-country of concern of subdivisi on thereof, and
2386-g. a program operated for the benefit of a gov ernment or
2387-political party of a country of concern, including but
2388-not limited to the Thousand Talents Program, any
2389-program affiliated with United Front operations, any
2390-program affiliated with a country of concern's
2391-ministry of education ;
2392-
2393-ENGR. H. B. NO. 1181 Page 19 1
2394-2
2395-3
2396-4
2397-5
2398-6
2399-7
2400-8
2401-9
2402-10
2403-11
2404-12
2405-13
2406-14
2407-15
2408-16
2409-17
2410-18
2411-19
2412-20
2413-21
2414-22
2415-23
2416-24
2417-
2418-4. "Institution of higher education" shall mean a state
2419-college or university or an independent nonp rofit college or
2420-university that is located in and charted by the state and grants
2421-baccalaureate or higher degr ees, or any other institution that has a
2422-physical presence in the state and is require d to report foreign
2423-gifts or contracts pursuant to 20 U.S.C . Section 1011f, or an
2424-affiliate organization to a covered instit ution;
2425-5. "Institution of K-12 education" shall mean all public and
2426-private schools in the State of Oklahoma that provides education at
2427-any point from kindergarten through the twelfth grade; and
2428-6. "Partnership" shall mean a faculty or student exchange
2429-program, a study abroad program, a matriculatio n program, a
2430-recruiting program, or a dual degree program.
2431-B. 1. An institution of K-12 education or institution of
2432-higher education may not particip ate in any cultural exchange
2433-agreement with a foreign source from a country of concern, or any
2434-entity controlled by a country of concern, which :
2435-a. constrains the freedom of contract of such public
2436-entity,
2437-b. allows the curricula or values of a program in the
2438-state to be directed, controlled, or influenced by the
2439-country of concern, or
2440-
2441-ENGR. H. B. NO. 1181 Page 20 1
2442-2
2443-3
2444-4
2445-5
2446-6
2447-7
2448-8
2449-9
2450-10
2451-11
2452-12
2453-13
2454-14
2455-15
2456-16
2457-17
2458-18
2459-19
2460-20
2461-21
2462-22
2463-23
2464-24
2465-
2466-c. promotes an agenda detrimental to the safety or
2467-security of Oklahoma, its residents, or the United
2468-States.
2469-2. Prior to the execution of any cultural exchange agreement
2470-with a foreign source from a country of concern, the substance of
2471-the agreement shall be shared with federa l agencies concerned with
2472-protecting national security or enfo rcing trade sanctions,
2473-embargoes, or other restrictions under federal law. If any federal
2474-agency provides information suggesting that such an agreement
2475-promotes an agenda detrimental to the saf ety or security of
2476-Oklahoma, the United States, or its residen ts, the institution of K -
2477-12 education or institution of higher education may not enter in to
2478-the agreement.
2479-3. Prior to the execution of any cultural exchange agreement
2480-with a foreign source fro m a country of concern, the substance of
2481-the agreement shall b e shared with the Oklahoma State Department of
2482-Education or the Oklahoma State Rege nts for Higher Education, as
2483-applicable. If the Oklahoma State Department of Education or the
2484-Oklahoma State Regents for Higher Education, as applicable , provides
2485-information suggesting that such an agreement promotes an agenda
2486-detrimental to the safety or secu rity of Oklahoma, the United
2487-States, or its residents, the institution of K -12 education or
2488-institution of higher education may not enter into the agreement .
2489-
2490-ENGR. H. B. NO. 1181 Page 21 1
2491-2
2492-3
2493-4
2494-5
2495-6
2496-7
2497-8
2498-9
2499-10
2500-11
2501-12
2502-13
2503-14
2504-15
2505-16
2506-17
2507-18
2508-19
2509-20
2510-21
2511-22
2512-23
2513-24
2514-
2515-4. Each institution of higher ed ucation shall submit the
2516-information required in this section to the Oklahoma State Regents
2517-for Higher Education and each institution of K -12 education shall
2518-submit the information required in this section to the Oklahoma
2519-State Department of Education, respectively, by July 1, 2025, and on
2520-each July 1 thereafter .
2521-5. By December 1, 2024, and each December 1 the reafter, the
2522-Oklahoma State Regents for Higher Education and the Oklahoma State
2523-Department of Education, respectively, shall submit a report to the
2524-Governor, the President Pro Tempore of the Oklahoma State Senate,
2525-and the Speaker of the Oklahoma House of Representatives relating to
2526-partnerships and agreements of insti tutions of K-12 education and
2527-institutions of higher education made with educational i nstitutions
2528-or other institutions based in countries of c oncern. At a minimum,
2529-the report must include the following information for the previous
2530-fiscal year:
2531-a. data reflecting any grant program, agreement,
2532-partnership, or contrac t between an institution of
2533-higher education and any college, university, or
2534-entity that is based in or controlled by a country of
2535-concern or foreign principal ,
2536-b. data reflecting any office, ca mpus, or physical
2537-location used or maintained by an institutio n of
2538-
2539-ENGR. H. B. NO. 1181 Page 22 1
2540-2
2541-3
2542-4
2543-5
2544-6
2545-7
2546-8
2547-9
2548-10
2549-11
2550-12
2551-13
2552-14
2553-15
2554-16
2555-17
2556-18
2557-19
2558-20
2559-21
2560-22
2561-23
2562-24
2563-
2564-higher education in a country of concern or foreign
2565-principal, and
2566-c. the date on which any such grant program, agreement,
2567-partnership, or contract reported pursuant to
2568-subparagraph a of this paragraph is expected to
2569-terminate.
2570-6. No students' or scholars' association affiliated with any
2571-institution of K-12 education or any institution o f higher education
2572-may accept any gift or gra nt from a foreign source from a country of
2573-concern, or enter into any contract or agreement with a foreign
2574-source from a country of concern:
2575-a. any violation of this prohibition shall result in the
2576-institution of K-12 education or institution of higher
2577-education ending any affiliation with the student or
2578-scholars association, and
2579-b. for purposes of this subsection, member due s or fees
2580-shall not be considered a gift or grant from a foreign
2581-source from a country of concern.
2582-7. Each institute of higher educat ion and institution of K -12
2583-education which has established o r will establish any exchange
2584-program or international cultur al agreement concerning Mandarin
2585-Chinese language or culture shall adopt a policy of prio ritizing
2586-partnerships with foreign sources fr om The Republic of China over
2587-
2588-ENGR. H. B. NO. 1181 Page 23 1
2589-2
2590-3
2591-4
2592-5
2593-6
2594-7
2595-8
2596-9
2597-10
2598-11
2599-12
2600-13
2601-14
2602-15
2603-16
2604-17
2605-18
2606-19
2607-20
2608-21
2609-22
2610-23
2611-24
2612-
2613-partnerships with foreign sourc es from the People's Republic of
2614-China.
2615-8. The Oklahoma State Regents for Higher Edu cation and the
2616-Oklahoma State Department of Education shall adopt regulations and
2617-rules, respectively, to administer this subsection .
2618-SECTION 15. NEW LAW A new section of law to be codified
2619-in the Oklahoma Statutes as Section 10004 of Title 70, unless there
2620-is created a duplication in numbering, r eads as follows:
2621-A. As used in this section of the Research, Education and
2622-Government Operations Protecti on Act of 2024:
2623-1. "Allied countries" shall mean:
2624-a. those nations currently party t o any bilateral mutual
2625-defense treaties, including the North Atla ntic Treaty,
2626-the agreement between the Unit ed States and Australia
2627-and New Zealand, the Philippine Treaty, the Southeast
2628-Asia Treaty, the Japanese Treaty, the Republic of
2629-Korea Treaty, or the Rio Treaty,
2630-b. any nation currently designated as a Major Non -NATO
2631-Ally (MNNA) by the United States Departm ent of State,
2632-or
2633-c. The Republic of China;
2634-2. "Country of concern" shall mean any country designated by
2635-the United States Secretary of State as hos tile or a Country of
2636-Particular Concern (CPC); and
2637-
2638-ENGR. H. B. NO. 1181 Page 24 1
2639-2
2640-3
2641-4
2642-5
2643-6
2644-7
2645-8
2646-9
2647-10
2648-11
2649-12
2650-13
2651-14
2652-15
2653-16
2654-17
2655-18
2656-19
2657-20
2658-21
2659-22
2660-23
2661-24
2662-
2663-3. "Institution of higher education" shall mean a state
2664-college or university or an independent nonprofit college or
2665-university that is located in and charted by the state and gran ts
2666-baccalaureate or higher d egrees, or any other institution that ha s a
2667-physical presence in the state and is required to report foreign
2668-gifts or contracts pursuant to 20 U.S.C. Section 1011f, or an
2669-affiliate organization to a covered institution .
2670-B. 1. Each institute of higher edu cation or affiliate thereof
2671-that has a research budget o f Ten Million Dollars ($10,000,000.00)
2672-or more must screen appli cants seeking employment in research or
2673-research-related support positions, graduate and undergraduate
2674-students applying for resear ch or research-related support
2675-positions, and applicants for positions of visiting researcher who
2676-are citizens of a foreign c ountry and who are not permanent
2677-residents of the United States, or who are citizens and permanent
2678-residents of the United States w ho have any affiliation with an
2679-institution or program, or at least one (1) year of prior employment
2680-or training, with the ex ception of employment or training by the
2681-agency of the United St ates government, in a country of concern.
2682-Such screening is require d prior to interviewing such applicants or
2683-offering to such an applicant a position of employment or of
2684-visiting researcher. At the discretion of the university or entity,
2685-other applicants for such positions may be screened .
2686-
2687-ENGR. H. B. NO. 1181 Page 25 1
2688-2
2689-3
2690-4
2691-5
2692-6
2693-7
2694-8
2695-9
2696-10
2697-11
2698-12
2699-13
2700-14
2701-15
2702-16
2703-17
2704-18
2705-19
2706-20
2707-21
2708-22
2709-23
2710-24
2711-
2712-2. In addition to satisfying all employment and enrollment
2713-qualifications imposed by feder al law, the Board of Governors or
2714-governing board of the applica ble entity must require the following
2715-of applicants included in paragraph 1 of this subsection:
2716-a. a foreign applicant must submit a com plete copy of the
2717-applicant's passport and most recently sub mitted
2718-Online Nonimmigrant Visa Application, DS -160. After
2719-extraction and submission of all information relevant
2720-to the requirements of this section, a university or
2721-entity may destroy or return t he copy of the DS-160
2722-submitted by an applicant to the appl icant,
2723-b. all applicants described in paragraph 1 of this
2724-subsection must submit:
2725-(1) a complete resume an d curriculum vitae, including
2726-every institution of higher edu cation attended,
2727-(2) all previous employment since the applicant's
2728-eighteenth birthday,
2729-(3) a list of all published material for which the
2730-applicant received credit as an author, a
2731-researcher, or otherwise to whi ch the applicant
2732-contributed significant res earch, writing, or
2733-editorial support,
2734-(4) a list of the applicant's current and pending
2735-research funding from any source, including
2736-
2737-ENGR. H. B. NO. 1181 Page 26 1
2738-2
2739-3
2740-4
2741-5
2742-6
2743-7
2744-8
2745-9
2746-10
2747-11
2748-12
2749-13
2750-14
2751-15
2752-16
2753-17
2754-18
2755-19
2756-20
2757-21
2758-22
2759-23
2760-24
2761-
2762-funder, amount, applicant's role on the project,
2763-and brief description of the re search,
2764-(5) a full disclosure of non -university professional
2765-activities, including any affiliation with an
2766-institution or program in a country of concern,
2767-and
2768-(6) for applicants who have been co ntinually employed
2769-or enrolled in a postse condary education
2770-institution in the United States for twenty (20)
2771-years or more, the resume m ay, but need not,
2772-include employment history befo re the most recent
2773-twenty (20) years.
2774-3. The president or chief admini strative officer of the
2775-institute of higher education or affil iate thereof shall designate a
2776-research integrity officer to review all materials required in
2777-paragraph 2 of this subsection and take reasonable steps to verify
2778-all attendance, employment, publications, and contributions listed
2779-in the application required in paragraph 2 of this subsection.
2780-Reasonable steps include searching pub lic databases for research
2781-publications and presentations a nd public conflict of interest
2782-records to identify any resear ch publication or presentation that
2783-may have been omitted from the application, contacting all employers
2784-of the most recent ten (10) years to verify employment, contacting
2785-all institutions of hig her education attended to verify enrollment
2786-
2787-ENGR. H. B. NO. 1181 Page 27 1
2788-2
2789-3
2790-4
2791-5
2792-6
2793-7
2794-8
2795-9
2796-10
2797-11
2798-12
2799-13
2800-14
2801-15
2802-16
2803-17
2804-18
2805-19
2806-20
2807-21
2808-22
2809-23
2810-24
2811-
2812-and educational progress, searching public listings of persons
2813-subject to sanctions or restrictions under federal law, subm itting
2814-the applicant's name and other identifying information to the
2815-Federal Bureau of In vestigation or any federal agency reasonably
2816-willing to scrutinize such applicant for national security or
2817-counterespionage purposes, and any other steps deemed approp riate to
2818-the office. The institute of higher education or affiliate thereof
2819-may also direct the office to approve applicants for hire based on a
2820-risk-based determination considering the nature of the research an d
2821-the background and ongoing affiliations of the applicant.
2822-4. The requirements of this section must be completed before
2823-interviewing or offering any position to an individual described in
2824-paragraph 1 in any research or research-related support position a nd
2825-before granting such individual any acces s to research data or
2826-activities or other sensitive data. An applicant who must be
2827-screened under this section may not be employed in any research or
2828-research-related support position if they fail to disclose a
2829-substantial educational, employment, or rese arch-related activity or
2830-publication or presentation at the time of submitting an applica tion
2831-required in paragraph 2 of this subsection, unless the department
2832-head, or a designee, certifies in writing the substa nce of the
2833-nondisclosure and the reas ons for disregarding such failure to
2834-disclose. A copy of such certification must be kept in the
2835-investigative file of the university official designated for
2836-
2837-ENGR. H. B. NO. 1181 Page 28 1
2838-2
2839-3
2840-4
2841-5
2842-6
2843-7
2844-8
2845-9
2846-10
2847-11
2848-12
2849-13
2850-14
2851-15
2852-16
2853-17
2854-18
2855-19
2856-20
2857-21
2858-22
2859-23
2860-24
2861-
2862-research integrity by the university and must be submitted to the
2863-nearest Federal Bureau of Invest igation field office.
2864-5. The university official designated for research integrity
2865-by the university must report to the nearest Federal Bureau of
2866-Investigation field office, and to any law enforcement agency
2867-designated by the Governor, and to the governin g board of the
2868-institution of higher education or affiliate thereof described in
2869-paragraph 1 of this subsection, the identity of the applicant who
2870-was rejected for employment based on the scrutiny required by this
2871-section or other risk-based screening.
2872-6. By December 1, 2024, the Office of the Attorney General or
2873-the inspector general of an institut ion of higher education or
2874-affiliate thereof described in paragraph 1 of this subsection must
2875-perform an operation audit regarding the implementation of this
2876-section.
2877-C. By December 1, 2024, each institution of higher education
2878-or affiliate thereof that h as a research budget of Ten Million
2879-Dollars ($10,000,000.00) or more must establish an international
2880-travel approval and monitoring program. The program must require
2881-preapproval and screening by a research integrity officer designated
2882-by the president or chief administrative officer of the institution
2883-of higher education or affiliate thereof for any employment -related
2884-foreign travel and employment -related foreign activ ities engaged in
2885-by all faculty, researchers, and research department staf f. Such
2886-
2887-ENGR. H. B. NO. 1181 Page 29 1
2888-2
2889-3
2890-4
2891-5
2892-6
2893-7
2894-8
2895-9
2896-10
2897-11
2898-12
2899-13
2900-14
2901-15
2902-16
2903-17
2904-18
2905-19
2906-20
2907-21
2908-22
2909-23
2910-24
2911-
2912-requirement shall be in addition to any other travel approval
2913-process applicable to the state university or entity .
2914-D. 1. Preapproval by the research integrity office r must be
2915-based on the applicant's review and acknowledgment of guidance
2916-published by the empl oying state university or affiliate thereof
2917-which relates to countries of concern, countries under sanction, o r
2918-other restrictions or designations imposed by the state or the
2919-United States government; including any federal licensing
2920-requirements; customs r ules; export controls; restrictions on taking
2921-university or entity property, including intellectual property,
2922-abroad; restrictions on presentations, teaching, and inte ractions
2923-with foreign colleagues; and other subjects important to the
2924-research and academic integrity of the institution of higher
2925-education.
2926-2. Preapproval must be based on the binding commitm ent of the
2927-individual traveler not to violate the state univer sity's or
2928-affiliate thereof's limitations on travel and activities abroad and
2929-to obey all applicable federal laws.
2930-E. The state university or affiliat e thereof must maintain
2931-records of all foreign travel requests and approvals; expenses
2932-reimbursed by the university or affiliate thereof during such
2933-travel, including for travel, food, and lodgi ng; and payments and
2934-honoraria received during such travel and activities, including for
2935-travel, food, and lodging. The state university must also keep
2936-
2937-ENGR. H. B. NO. 1181 Page 30 1
2938-2
2939-3
2940-4
2941-5
2942-6
2943-7
2944-8
2945-9
2946-10
2947-11
2948-12
2949-13
2950-14
2951-15
2952-16
2953-17
2954-18
2955-19
2956-20
2957-21
2958-22
2959-23
2960-24
2961-
2962-records of the purpose of the travel and any records related to the
2963-foreign activity review. Such records must be retained for at least
2964-three (3) years or any longe r period of time required by any other
2965-applicable state or federal law.
2966-F. The state university or entit y must provide an annual
2967-report of foreign travel to countries of concern listing individ ual
2968-travelers, foreign locations visited, and foreign institut ions
2969-visited to the governing board of the applicable entity.
2970-G. By December 1, 2024, the Office of the Attorney General or
2971-the inspector general of an institution of higher educatio n or
2972-affiliate thereof described in paragraph 1 of subsection B of this
2973-section must perform an operational audit regarding the
2974-implementation of this section.
2975-H. Each institution of higher education covered under
2976-paragraph 1 of subsection B of this section shall adopt a policy of
2977-prioritizing foreign researchers from allied n ations and joint
2978-research projects with a llied nations, in th e following order of
2979-prioritizations:
2980-1. Members of the Five Eyes Intellig ence Oversight and Review
2981-Council;
2982-2. Current signatories of the North Atlantic Treaty;
2983-3. The State of Israel, the Re public of China, the Republic of
2984-Korea, Japan, The Philippine s, and the Republic of India ; and
2985-
2986-ENGR. H. B. NO. 1181 Page 31 1
2987-2
2988-3
2989-4
2990-5
2991-6
2992-7
2993-8
2994-9
2995-10
2996-11
2997-12
2998-13
2999-14
3000-15
3001-16
3002-17
3003-18
3004-19
3005-20
3006-21
3007-22
3008-23
3009-24
3010-
3011-4. All other countries, includi ng remaining Major Non-NATO
3012-Allies and remaining allied countries .
3013-SECTION 16. NEW LAW A new sect ion of law to be codi fied
3014-in the Oklahoma Statutes as Section 10005 of Title 70, unless there
3015-is created a duplication in numbering, rea ds as follows:
3016-A. As used in this section of the Research, Education and
3017-Government Operations Protection Act of 2024 :
3018-1. "Country of concern" shall mean any country designated by
3019-the United States Secretary of State as hostile or a Country of
3020-Particular Concern (CPC); and
3021-2. "Institution of higher ed ucation" shall mean a state college
3022-or university or an independent nonprofit college or university that
3023-is located in and charted by the sta te and grants baccalaureate or
3024-higher degrees, or any other instit ution that has a physical
3025-presence in the state a nd is required to report foreign gifts or
3026-contracts pursuant to 20 U.S.C. Section 1011f, or an affiliate
3027-organization to a covered institution.
3028-B. 1. Subject to the approval of the Oklahoma State Regents
3029-for Higher Education, an institution of higher education shall only
3030-enter into a new or renew an existing academic partnership with an
3031-academic or research i nstitution located in a country of concern if
3032-the institution of higher educat ion maintains sufficie nt structural
3033-safeguards to protect the state institution's intellectual property,
3034-the security of the State of Oklahoma, and the national security
3035-
3036-ENGR. H. B. NO. 1181 Page 32 1
3037-2
3038-3
3039-4
3040-5
3041-6
3042-7
3043-8
3044-9
3045-10
3046-11
3047-12
3048-13
3049-14
3050-15
3051-16
3052-17
3053-18
3054-19
3055-20
3056-21
3057-22
3058-23
3059-24
3060-
3061-interests of the United States. The Oklahoma State Regents for
3062-Higher Education shall only approve an insti tution of higher
3063-education's partnership if the Oklahoma State Regents for Higher
3064-Education, in consultation with the Attorney General, determines the
3065-partnership meets the saf eguard requirements prescribed under this
3066-division. The safeguard requirements shall include, at a minimum,
3067-all of the following :
3068-a. compliance with all federal requirements, including
3069-the requirements of federal research sponsors and
3070-federal export contro l agencies, including regulations
3071-regarding international traffic in arms and e xport
3072-administration regulations, and economic an d trade
3073-sanctions administered by the federal office of
3074-foreign assets control ,
3075-b. annual formal institutio n-level programs for faculty
3076-on conflicts of interest and conflicts of commitm ent,
3077-and
3078-c. a formalized foreign visitor process and uniform
3079-visiting scholar agreement.
3080-2. The Oklahoma State Regents for Higher Education , in
3081-consultation with the Attorney Gen eral, shall have ful l discretion
3082-to reject or terminate any research partnersh ip between an
3083-institution of higher education and an academic or resear ch
3084-
3085-ENGR. H. B. NO. 1181 Page 33 1
3086-2
3087-3
3088-4
3089-5
3090-6
3091-7
3092-8
3093-9
3094-10
3095-11
3096-12
3097-13
3098-14
3099-15
3100-16
3101-17
3102-18
3103-19
3104-20
3105-21
3106-22
3107-23
3108-24
3109-
3110-institution located in a country of concern at any time and for any
3111-purpose.
3112-SECTION 17. NEW LAW A new section of law to be codified
3113-in the Oklahoma Statutes a s Section 10006 of Title 70, unless there
3114-is created a duplication in numbering, reads as follows:
3115-A. As used in this section of the Research, Education and
3116-Government Operations Protection Act of 2024:
3117-1. "Endeavor" shall mean to attempt or t o try;
3118-2. "Foreign Agent" shall mean any officer, employee, proxy,
3119-servant, delegate, or representative of a foreign government;
3120-3. "Foreign government" shall mean the government of any
3121-country, nation, or grou p of nations, or any province or other
3122-political subdivision of any country or nation, other than the
3123-government of the Unite d States;
3124-4. "Foreign instrumentality" shall mean any agency, bureau,
3125-ministry, component, institution, as sociation, or any legal,
3126-commercial, or business organization, corporation, fir m, or entity
3127-that is substantially owned, controlled, sponsored, comma nded,
3128-managed, or dominated by a foreign government;
3129-5. "Obtain or use" shall mean any manner of:
3130-a. taking or exercising control over property,
3131-b. making any unauthorized use, disposit ion, or transfer
3132-of property,
3133-
3134-ENGR. H. B. NO. 1181 Page 34 1
3135-2
3136-3
3137-4
3138-5
3139-6
3140-7
3141-8
3142-9
3143-10
3144-11
3145-12
3146-13
3147-14
3148-15
3149-16
3150-17
3151-18
3152-19
3153-20
3154-21
3155-22
3156-23
3157-24
3158-
3159-c. obtaining property by fraud, willful misrepresentation
3160-of a future act, or false promise, and
3161-d. conduct previously known as stealing; larceny;
3162-purloining; abstracting; embezzlement; misapplication;
3163-misappropriation; conver sion; or obtaining mo ney or
3164-property by false pretenses, fraud, or dec eption; or
3165-other conduct similar in nature;
3166-6. "Person" shall mean any natural person, corporation,
3167-business trust, estate, trust, partnership, association, joint
3168-venture, government, g overnmental subdivisi on or agency, or any
3169-other legal or commercial en tity;
3170-7. "Trade secret" shall mean the whole or any portion or phase
3171-of any formula, pattern, device, comb ination of devices, or
3172-compilation of information which is for use, or is used, in the
3173-operation of a business and which provides the business an
3174-advantage, or an opportunity to obtain an advantage, over those who
3175-do not know or use it. The term shall include any scientific,
3176-technical, or commercial information, including financial
3177-information, and incl udes any design, process, procedure, list of
3178-suppliers, list of customers, business code, or improvement thereof,
3179-whether tangible or intangible, and regard less of whether or how it
3180-is stored, compiled, or memorialized physically, elec tronically,
3181-graphically, photographically, or in writing. Irrespective of
3182-novelty, invention, patentability, the state of the prior art, and
3183-
3184-ENGR. H. B. NO. 1181 Page 35 1
3185-2
3186-3
3187-4
3188-5
3189-6
3190-7
3191-8
3192-9
3193-10
3194-11
3195-12
3196-13
3197-14
3198-15
3199-16
3200-17
3201-18
3202-19
3203-20
3204-21
3205-22
3206-23
3207-24
3208-
3209-the level of skill in the business, art, or field to which th e
3210-subject matter pertains, a trade secret is consider ed to be:
3211-a. secret,
3212-b. of value,
3213-c. for use or in use by the business , and
3214-d. of advantage to the business, or providing an
3215-opportunity to obtain an advantage over those who do
3216-not know or use it when the owner thereof takes
3217-measures to prevent it from be coming available to
3218-persons other than those selected by the owner to h ave
3219-access thereto for limited purposes; and
3220-8. "Traffic" shall mean:
3221-a. to sell, transfer, distribute, di spense, or otherwise
3222-dispose of property, and
3223-b. to buy, receive, possess, obt ain control of, or use
3224-property with the intent to sell, transfer,
3225-distribute, dispense, or otherwise dispose of such
3226-property.
3227-B. It is unlawful for a person to willfully and w ithout
3228-authorization, obtain or use, or endeavor to obtain or use, a trade
3229-secret, with the intent t o either temporarily or permanently:
3230-1. Deprive or withhold from the owner thereof the control or
3231-benefit of a trade secret ; or
3232-
3233-ENGR. H. B. NO. 1181 Page 36 1
3234-2
3235-3
3236-4
3237-5
3238-6
3239-7
3240-8
3241-9
3242-10
3243-11
3244-12
3245-13
3246-14
3247-15
3248-16
3249-17
3250-18
3251-19
3252-20
3253-21
3254-22
3255-23
3256-24
3257-
3258-2. Appropriate a trade sec ret to their own use or to the use
3259-of another person not entitled to the trade secret.
3260-C. 1. A person who violates subsection B of this section
3261-shall be guilty of grand larceny and shall be punished in ac cordance
3262-with Section 1705 of Title 21 of the Oklahoma Statutes .
3263-2. A person who traffics in, or endeavors to tr affic in, a
3264-trade secret that they know or should know was obtained or used
3265-without authorization shall be guilty of grand larceny and shall be
3266-punished in accordance with Section 1705 of Title 21 of the Oklah oma
3267-Statutes.
3268-3. Whenever a person is char ged with a violation of this act
3269-which was committed with the intent to benefit a foreign government,
3270-a foreign agent, or a foreign instrumentality, the offense for which
3271-the person is charged shall be reclass ified as conspiracy to commit
3272-terrorism and shall be punished in accordance with Section 1268.3 of
3273-Title 21 of the Oklahoma Statutes.
3274-SECTION 18. NEW LAW A new section of law to be codified
3275-in the Oklahoma Statutes as Section 10007 of Title 70, unless there
3276-is created a duplicati on in numbering, reads as follows:
3277-A. No later than ninety (90) days following the effective date
3278-of this act, the Governor shall appoint one qualified person who
3279-shall be responsible for the Report on Foreig n Influence in Higher
3280-Education.
3281-
3282-ENGR. H. B. NO. 1181 Page 37 1
3283-2
3284-3
3285-4
3286-5
3287-6
3288-7
3289-8
3290-9
3291-10
3292-11
3293-12
3294-13
3295-14
3296-15
3297-16
3298-17
3299-18
3300-19
3301-20
3302-21
3303-22
3304-23
3305-24
3306-
3307-B. The Report on Foreign Influence on Higher Education shall be
3308-submitted to the Governor, the President Pro Tempore of the Oklahoma
3309-State Senate, and the Speaker of the Oklahoma House of
3310-Representatives, in addition to being made available to the public,
3311-semiannually. The report shall investigate and provide oversight of
3312-all attempted foreign influenc e operations in highe r education in
3313-the State of Oklahoma. This report may include a synthesis of
3314-reports from the fed eral government and state agencies, new findings
3315-and ongoing investigations, and recommendations for limiting
3316-exposure to foreign influen ce, as applicable.
3317-SECTION 19. This act shall become effective July 1, 2024.
3318-SECTION 20. It being immediately nec essary for the preservation
3319-of the public peace, health or safety, an emergency is hereby
3320-declared to exist, by reason whereof this act shall take effect and
33211451 be in full force from and after its passage and approval.
3322-Passed the House of Representatives the 13th day of March, 2024.
3323-
3324-
3325-
3326-
3327- Presiding Officer of the House
3328- of Representatives
3329-
3330-
3331-
3332-Passed the Senate the ___ day of __________, 2024.
3333-
3334-
3335-
3336-
3337- Presiding Officer of the Senate
3338-
1452+COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
1453+April 9, 2024 - DO PASS AS AMENDED BY CS