OK
Oklahoma Senate Bill SB1683

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1683 Compare Versions

OldNewDifferences
11
22
3-Req. No. 3560 Page 1 1
3+
4+Req. No. 3153 Page 1 1
5+2
6+3
7+4
8+5
9+6
10+7
11+8
12+9
13+10
14+11
15+12
16+13
17+14
18+15
19+16
20+17
21+18
22+19
23+20
24+21
25+22
26+23
27+24
28+ 1
429 2
530 3
631 4
732 5
833 6
934 7
1035 8
1136 9
1237 10
1338 11
1439 12
1540 13
1641 14
1742 15
1843 16
1944 17
2045 18
2146 19
2247 20
2348 21
2449 22
2550 23
2651 24
2752
2853 STATE OF OKLAHOMA
2954
3055 2nd Session of the 59th Legislature (2024)
3156
32-COMMITTEE SUBSTITUTE
33-FOR
3457 SENATE BILL 1683 By: Dahm
3558
3659
3760
3861
3962
40-COMMITTEE SUBSTITUTE
63+AS INTRODUCED
4164
42-An Act relating to education; creating the Research
43-and Education Protection Act of 2024 ; providing short
44-title; providing purpose; def ining terms; requiring
45-public schools and institutions of higher education
46-to disclose certain gifts received after certain
47-date; providing manner of disclosure; requiring
48-submitted information to be fo rwarded to the Office
49-of Management and Enterprise Services (OMES);
50-requiring information to be disclosed on certain
51-website; directing the State Auditor and Inspector to
52-inspect or audit certain gifts upon certain request;
53-requiring public schools and institutions o f higher
54-education to disclose offering of certain gifts;
55-providing manner of d isclosure; requiring submitted
56-information to be forwarded to OMES to issue a final
57-decision on whether certain gift may be accepted;
58-directing OMES to develop certai n forms and maintain
59-certain website; making certain indirect gi fts
60-subject to certain approval process; directing the
61-State Auditor and Inspector to inspect or audit
62-certain gifts upon certain request; requiring public
63-schools and institutions of higher education to
64-disclose certain contracts from certain foreign
65-sources entered into after certain date; providing
66-manner of disclosure; requiring certain information
67-to be submitted to OMES ; requiring information to be
68-disclosed on certain website; directing the State
69-Auditor and Inspector to inspect or audit certain
70-contracts upon certain request ; requiring public
71-schools and instituti ons of higher education to
72-disclose certain proposed contracts; requiring
73-submitted information to be forwarded to OMES to
74-issue a final decision on wh ether a school or
65+An Act relating to higher education; prohibitin g
66+institutions of higher education from a ccepting
67+certain funds; providing for p romulgation of rules;
68+providing for codification; providing an effective
69+date; and declaring an emergency .
7570
76-Req. No. 3560 Page 2 1
71+
72+
73+
74+
75+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
76+SECTION 1. NEW LAW A new section of law to be codified
77+in the Oklahoma Statutes as Section 3251 of Title 70, unless there
78+is created a duplication i n numbering, reads as follows:
79+A. No institution within The Ok lahoma State System of High er
80+Education shall accept funds either directly or indirectly from a
81+foreign government.
82+B. The Oklahoma State Regents for Higher Education may
83+promulgate rules to implement the provisions of this act.
84+SECTION 2. This act shall become effective July 1, 2024.
85+SECTION 3. It being immediately necessary for the preservation
86+of the public peace, health , or safety, an emergency is hereby
87+
88+
89+Req. No. 3153 Page 2 1
90+2
91+3
92+4
93+5
94+6
95+7
96+8
97+9
98+10
99+11
100+12
101+13
102+14
103+15
104+16
105+17
106+18
107+19
108+20
109+21
110+22
111+23
112+24
113+ 1
77114 2
78115 3
79116 4
80117 5
81118 6
82119 7
83120 8
84121 9
85122 10
86123 11
87124 12
88125 13
89126 14
90127 15
91128 16
92129 17
93130 18
94131 19
95132 20
96133 21
97134 22
98135 23
99136 24
100137
101-institution may enter into certain contract;
102-directing OMES to develop certain forms and maintain
103-certain website; making certain contracts subject to
104-certain approval process ; directing the State Auditor
105-and Inspector to inspect or a udit certain contracts
106-upon certain request ; providing civil penalty for
107-certain failure to disclose certain information;
108-providing for deposit of funds; providing for
109-administrative enforcement of penalty; allowing
110-certain entities to bring civil action for c ertain
111-enforcement; providing for attorney fees; providing
112-immunity from employment discipline and civil
113-liability to certain employees who make certain
114-reports; providing for reward amount; providing for
115-confidentiality of certain information; prohibiting
116-public schools and institutions of higher education
117-from participating in cert ain agreements with certai n
118-foreign sources; requiring certain cultural exchange
119-agreements to be shared with certain federal and
120-state agencies; providing manner of sharing
121-information; requiring the Oklahoma State Regents for
122-Higher Education and the State Board of Education to
123-submit certain annual report by c ertain date;
124-providing contents of report; prohibiting certain
125-associations from accepting certain gifts or grants
126-or entering into certain contracts ; requiring public
127-schools and institutions of higher education that
128-establish certain program or agreement to adopt
129-certain prioritizing policy; requiring institutions
130-of higher education with certain research budget to
131-screen certain applicants and students; directing
132-boards of regents to require submission of certain
133-materials from certain individuals; directing
134-presidents of institutions of higher education to
135-designate a research integrity office; providing
136-purpose of office; requiring certain review prior to
137-interviewing for or offering certain positions;
138-allowing an individual to not be employed for failure
139-to disclose certain information; requiring a research
140-integrity office to report certain information
141-regarding an individual who was rejected for
142-employment on certain basis; directing inst itutions
143-of higher education to adopt a policy of prioritizing
144-certain foreign researchers; requiring institutions
145-of higher education with certain research budget to
146-establish certain travel approval and monitoring
147-program; providing criteria for certain preapproval;
148-
149-Req. No. 3560 Page 3 1
150-2
151-3
152-4
153-5
154-6
155-7
156-8
157-9
158-10
159-11
160-12
161-13
162-14
163-15
164-16
165-17
166-18
167-19
168-20
169-21
170-22
171-23
172-24
173-
174-requiring maintenance of certain records of foreign
175-travel requests and approval s for certain time
176-period; requiring submission of certain annual
177-report; requiring certai n operation audit by certain
178-date; allowing certain academic partnerships to be
179-entered into or renewed under certain conditions;
180-directing the Governor to appoint certain individual
181-to submit certain report; p roviding contents of
182-report; providing for severability; providing for
183-codification; providing an effective date; and
184-declaring an emergency .
185-
186-
187-
188-
189-
190-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
191-SECTION 1. NEW LAW A new section of law to be codified
192-in the Oklahoma Statutes as Section 24-162 of Title 70, unless there
193-is created a duplication in numbering, reads as follows:
194-A. This act shall be known and may be ci ted as the “Research
195-and Education Protection Act of 2024 ”. The purpose of the act is to
196-protect research and educational system operations in this state
197-from malicious influence from foreign countries of co ncern.
198-B. As used in this act:
199-1. “Affiliate organization ” means any entity under the control
200-of or established for the benefit of an organization re quired to
201-report pursuant to this section including a d irect-support
202-organization;
203-2. “Agreement” means a written or spoken statement of mutual
204-interest in cultural exchange or academic or research collaboration;
205-3. “Allied countries” means:
206-
207-Req. No. 3560 Page 4 1
208-2
209-3
210-4
211-5
212-6
213-7
214-8
215-9
216-10
217-11
218-12
219-13
220-14
221-15
222-16
223-17
224-18
225-19
226-20
227-21
228-22
229-23
230-24
231-
232-a. nations currently party to any bilateral mutual
233-defense treaties including the North Atlantic Treaty,
234-the Agreement between the United States and Australia
235-and New Zealand, the Phi lippine Treaty, the Southeast
236-Asia Treaty, the Japanese Treaty, the Republic of
237-Korea Treaty, or the Rio Treaty,
238-b. any nation currently designated as a Major Non-North
239-Atlantic Treaty Organization (NATO) Ally by the United
240-States Department of State, or
241-c. the Republic of China ;
242-4. “Contract” means any agreement for the acquisition b y
243-purchase, lease, or barter of property or services for the direct
244-benefit or use of either of the parties;
245-5. “Country of concern” means the People’s Republic of China,
246-the Russian Federation, the Islamic Republic of Iran, the Democratic
247-People’s Republic of Korea, the State of Qatar, the Republic of
248-Cuba, the Venezuelan regime of Nicolas Maduro , the Syrian Arab
249-Republic, or any foreign terrori st organization designated by the
250-United States Secretary of State in accordance with the Immigration
251-and Naturalization Act, as amended, including any agent of or any
252-other entity under significant control of such foreig n country of
253-concern or any other entity deemed by the Governor in consultation
254-with the Oklahoma Office of Homeland Security ;
255-
256-Req. No. 3560 Page 5 1
257-2
258-3
259-4
260-5
261-6
262-7
263-8
264-9
265-10
266-11
267-12
268-13
269-14
270-15
271-16
272-17
273-18
274-19
275-20
276-21
277-22
278-23
279-24
280-
281-6. “Direct-support organization” means an organization that is
282-organized and operated to receive, hold, invest, and administer
283-property and to make expenditures to or for the benefit of an
284-institution of higher education or for the benefit of a research and
285-development park or research and development authority affiliated
286-with an institution of higher education;
287-7. “Foreign government” means the government of any country,
288-nation, group of nations, or any province or political subdivision
289-of any country, nation, or group of natio ns other than the
290-government of the United States including any agent of such foreign
291-government;
292-8. “Foreign source” means:
293-a. a foreign government or an agency of a foreign
294-government,
295-b. a legal entity, governmental or otherwise, created
296-solely under the laws of a foreign state or states,
297-c. an individual who is not a citizen or a national of
298-the United States or a territory or protectorate of
299-the United States,
300-d. a partnership, association, corporation, organization,
301-or any other combination of person s organized under
302-the laws of or having its principal place of business
303-in a country of concern of subsidiary of such entity,
304-
305-Req. No. 3560 Page 6 1
306-2
307-3
308-4
309-5
310-6
311-7
312-8
313-9
314-10
315-11
316-12
317-13
318-14
319-15
320-16
321-17
322-18
323-19
324-20
325-21
326-22
327-23
328-24
329-
330-e. an agent including a subsidiary or an affiliate of a
331-foreign legal entity acting on behalf of a foreign
332-source,
333-f. a political party or a member of a political party.
334-For the purposes of this subparagraph, the term
335-“political party” means an organization or combination
336-of individuals whose aim or purpose is, or who is
337-engaged in any activity devoted in whole or in part
338-to, the establishment, administration, control, or
339-acquisition of administration or contr ol of a
340-government of a country of concer n or a subdivision
341-thereof or the furtherance or influencing of the
342-political or public interest, policies, or relation s
343-of a government of a country of concern or subdivision
344-thereof, or
345-g. a program operated for the benefit of a government or
346-political party of a country of concern including, but
347-not limited to, the Thousand Talents Program, any
348-program affiliated with United Front opera tions, or
349-any program affiliated with a country of concern ’s
350-ministry of education;
351-9. “Gift” means any gift, grant , endowment, award, or donation
352-of money or property of any kind, or any combination thereof,
353-including a conditional o r unconditional pledge of such gift,
354-
355-Req. No. 3560 Page 7 1
356-2
357-3
358-4
359-5
360-6
361-7
362-8
363-9
364-10
365-11
366-12
367-13
368-14
369-15
370-16
371-17
372-18
373-19
374-20
375-21
376-22
377-23
378-24
379-
380-endowment, award, or donation. For the purposes of this paragraph,
381-pledge means a promis e, an agreement, or an expressed intention to
382-give a gift, and grant means a transfer of money for a specified
383-purpose including a conditional gift;
384-10. “Institution of higher education ” means an institution of
385-higher education within The Oklahoma State System of Hi gher
386-Education or a private institution of higher learning located within
387-this state and accredited pursuant to Section 4103 of Title 70 of
388-the Oklahoma Statutes ;
389-11. “Interest” in an entity means any direct or indirect
390-investment in or loan to an entity valued at five percent (5%) or
391-more of the entity’s net worth or any form of direct or indirect
392-control exerting similar or greater influenc e on the governance of
393-the entity;
394-12. “Partnership” means a faculty or student ex change program,
395-a study abroad program, a matriculation program, a recruiting
396-program, or a dual degree program; and
397-13. “Public school” means a public school district, public
398-charter school, or public statewide virtual charter school .
399-SECTION 2. NEW LAW A new section of law to be codified
400-in the Oklahoma Statutes as Section 24-163 of Title 70, unless there
401-is created a duplication in numbering, reads as follows:
402-A. 1. Any public school or institution of higher education
403-that has received directly or indirectly any gift with any value
404-
405-Req. No. 3560 Page 8 1
406-2
407-3
408-4
409-5
410-6
411-7
412-8
413-9
414-10
415-11
416-12
417-13
418-14
419-15
420-16
421-17
422-18
423-19
424-20
425-21
426-22
427-23
428-24
429-
430-from any foreign source from a country of concern after December 31,
431-2013, shall disclose such gifts in the follo wing manner:
432-a. public schools shall disclose such gifts to the State
433-Board of Education and the State Depart ment of
434-Education within sixty (60) days after the effective
435-date of this act, and
436-b. institutions of higher education shall disclose such
437-gifts to the Oklahoma State Regents fo r Higher
438-Education within sixty (60) days after the effective
439-date of this act.
440-2. Unless otherwise prohibited or deem ed confidential under
441-state or federal law, disclosure required by this subsection shall
442-include the date the gift was received; the amount of the gift ; the
443-purpose of the gift; the identification of the persons the gift was
444-explicitly intended to benefit; any applicable conditions,
445-requirements, restrictions, or terms made part of the gift; the name
446-and country of residence or domicile of the foreign source; the name
447-and mailing address of the disclosing entity; and, as applicable,
448-the date of termination of the gift.
449-3. Information submitted pursuant to paragraph 1 of this
450-subsection shall be forwarded to the Office of Management and
451-Enterprise Services (OMES), which shall maintain a public web portal
452-to disclose information on past gifts from countries of concern.
453-
454-Req. No. 3560 Page 9 1
455-2
456-3
457-4
458-5
459-6
460-7
461-8
462-9
463-10
464-11
465-12
466-13
467-14
468-15
469-16
470-17
471-18
472-19
473-20
474-21
475-22
476-23
477-24
478-
479-4. Upon a request from the Governor, the President Pro Tempore
480-of the Senate, or the Speaker of the House of Representatives, the
481-State Auditor and Inspector shall inspect or audit a past gift or
482-gift agreement.
483-B. 1. Any public school or institution of higher education
484-that has been offered directly or indirectly any gift with any value
485-from a foreign source from a country of concern after the effective
486-date of this act shall disclose such gift in the f ollowing manner:
487-a. public schools shall disclose such gifts to the State
488-Board of Education and the State Department of
489-Education before accepting suc h gifts, and
490-b. institutions of higher education shall disclose such
491-gifts to the Oklahoma State Regents for Higher
492-Education before accepting such gifts.
493-2. Unless otherwise prohibited or deemed confidential under
494-state or federal law, disclosure req uired by this subsection shall
495-include the date the gift was offered; the amount of the gift; the
496-purpose of the gift; the identification of the persons the gift was
497-explicitly intended to benefit; any applicable conditions,
498-requirements, restrictions, or term s made part of the gift; the name
499-and country of residence or domicile of the foreign source; the name
500-and mailing address of the disclos ing entity; and, as applicable,
501-the date of termination of the gift .
502-
503-Req. No. 3560 Page 10 1
504-2
505-3
506-4
507-5
508-6
509-7
510-8
511-9
512-10
513-11
514-12
515-13
516-14
517-15
518-16
519-17
520-18
521-19
522-20
523-21
524-22
525-23
526-24
527-
528-3. Information submitted pursuant to paragraph 1 of this
529-subsection shall be forwarded to OMES. Within thirty (30) days of
530-receiving the disclosure of an offered gift, OMES shall issue a
531-final decision to the public school or institution of higher
532-education on whether and under what conditions the publi c school or
533-institution of higher education may accept the gift. OMES shall:
534-a. develop disclosure forms, rules, and procedures for
535-deciding whether to allow a public school or
536-institution of higher education to accept gifts from
537-countries of concern, and
538-b. maintain a public web portal disclosing proposed gifts
539-from countries of concern with the final decis ion from
540-OMES on whether to allow the public school or
541-institution of higher education to accept the gift .
542-4. For the purposes of this section, a gift received by a
543-public school or institution of higher education from a foreign
544-source through an intermediary shall be considered an indirect gift
545-and shall be subject to the approval process provided for in this
546-subsection.
547-5. Upon the request of the Governor, the President Pro Tempore
548-of the Senate, or the Speaker of the House o f Representatives, the
549-State Auditor and Inspector shall inspect or audit a gift or gift
550-agreement.
551-
552-Req. No. 3560 Page 11 1
553-2
554-3
555-4
556-5
557-6
558-7
559-8
560-9
561-10
562-11
563-12
564-13
565-14
566-15
567-16
568-17
569-18
570-19
571-20
572-21
573-22
574-23
575-24
576-
577-SECTION 3. NEW LAW A new section of law to be codified
578-in the Oklahoma Statutes as Section 24-164 of Title 70, unless there
579-is created a duplication in numbering, reads as follows:
580-A. A public school or institu tion of higher education that has
581-entered directly or indirectly into any contract with any value from
582-any foreign source from a country of conce rn after December 31,
583-2013, shall disclose such contracts in the following manner:
584-1. Public schools shall disclose such contracts to the State
585-Board of Education and the State Department of Education within
586-sixty (60) days after the effective date of this act; and
587-2. Institutions of higher education shall disclose such
588-contracts to the Oklahoma State Regents for Higher Education within
589-sixty (60) days afte r the effective date of this act.
590-B. Unless otherwise prohibited or deemed confidential under
591-state or federal law, disclosure required by subsection A of this
592-section shall include the da te of the contract; the amount of the
593-contract; the purpose of the contract; the identification of the
594-persons the contract was explicitly intended to benefit; any
595-applicable conditions, requirements, restrictions, or terms made
596-part of the contract; a copy of the contract; the name and country
597-of residence or domicile of the foreign source; the name and mailing
598-address of the disclosing entity; and, as applicable, the date of
599-termination of the contract.
600-
601-Req. No. 3560 Page 12 1
602-2
603-3
604-4
605-5
606-6
607-7
608-8
609-9
610-10
611-11
612-12
613-13
614-14
615-15
616-16
617-17
618-18
619-19
620-20
621-21
622-22
623-23
624-24
625-
626-C. For the purposes of this section, a contract entered into
627-with a foreign source through an intermediary or affiliate
628-organization shall be considered an indirect contr act to the public
629-school or institution of higher education and shall be subject to
630-the disclosure process provided for in this section.
631-D. Information submitted pursuant to subsection A of this
632-section shall be forwarded to the Office of Management and
633-Enterprise Services (OMES), which shall maintain a public web portal
634-to disclose information on past proposed and entered into contracts
635-with countries of concern.
636-E. Upon the request of the Governor, the President Pro Tempore
637-of the Senate, or the Speaker of the House of Representatives, the
638-State Auditor and Inspector shall inspect or audit a past contract.
639-F. Any public school or institution of higher education that
640-has been offered or has proposed dir ectly or indirectly any contract
641-with any value from or with a foreign source f rom a country of
642-concern after the effective date of this act shal l disclose such
643-proposed contract in the fol lowing manner:
644-1. Public schools shall disclose such contract to the State
645-Board of Education and the State Department of Education before
646-entering into such contract ; and
647-2. Institutions of higher education shall disclose such
648-contract to the State Regents.
649-
650-Req. No. 3560 Page 13 1
651-2
652-3
653-4
654-5
655-6
656-7
657-8
658-9
659-10
660-11
661-12
662-13
663-14
664-15
665-16
666-17
667-18
668-19
669-20
670-21
671-22
672-23
673-24
674-
675-G. Unless otherwise prohibited or deemed confidential under
676-state or federal law, disclosure required by subsection F of this
677-section shall include the date of the contract; the amount of the
678-contract; the purpose of the contract; the identification of the
679-persons the contract was explicitly intended to benefit; any
680-applicable conditions, requirements, restrictions, or terms made
681-part of the contract; a copy of the contract; the name and country
682-of residence or domicile of the foreign source; the name and mailing
683-address of the disclosing entity; and, as applicable, the date of
684-termination of the contract.
685-H. Information submitted pursuant to subsection F of this
686-section shall be forwarded to OMES. Within thirty (30) days of
687-receiving the disclosure of the offered or proposed contract , OMES
688-shall issue a final decision to the public school or institution of
689-higher education on whether and under what conditions the public
690-school or institution of higher education may enter into the
691-contract. OMES shall:
692-1. Develop disclosure forms, rules, and procedures for deciding
693-whether to allow a public school or an institution of higher
694-education to enter into a contract with a country of concern; and
695-2. Maintain a public web portal disclosing proposed or offered
696-contracts with countries of concern with the final decision from
697-OMES on whether to allow the public school or institut ion of higher
698-education to enter into the contract .
699-
700-Req. No. 3560 Page 14 1
701-2
702-3
703-4
704-5
705-6
706-7
707-8
708-9
709-10
710-11
711-12
712-13
713-14
714-15
715-16
716-17
717-18
718-19
719-20
720-21
721-22
722-23
723-24
724-
725-I. For the purposes of this section, a contract proposed from a
726-foreign source through an intermedia ry or affiliate organization
727-shall be considered an indirect contract with the public school or
728-institution of higher education and shall be subject to the approval
729-process provided for in subsection H of thi s section.
730-J. Upon the request of the Governor, the President Pro Tempore
731-of the Senate, or the Speaker of the House of R epresentatives, the
732-State Auditor and Inspector shall inspect or audit a con tract
733-entered into pursuant to this section.
734-SECTION 4. NEW LAW A new section of law to be codified
735-in the Oklahoma Statutes as Se ction 24-165 of Title 70, unless there
736-is created a duplication in numbering, reads as follows:
737-A. A public school or institution of higher education that
738-knowingly, willfully, or negligently fails to disclose the
739-information required by the Research and Education Protection Act of
740-2024 shall be subject to a civil penalty of one hundred and five
741-percent (105%) of the amount of the undisclosed gift or contract,
742-payable only from non -state funds. The recovered funds shall be
743-deposited into the General R evenue Fund. The State Board of
744-Education or the Oklahoma State Regents for Higher Education may
745-administratively enforce the penalty provided for in this section as
746-an administrative penalty.
747-B. In the absence of enforcement by the State Board of
748-Education or the State Regents, the Attorney General or the Office
749-
750-Req. No. 3560 Page 15 1
751-2
752-3
753-4
754-5
755-6
756-7
757-8
758-9
759-10
760-11
761-12
762-13
763-14
764-15
765-16
766-17
767-18
768-19
769-20
770-21
771-22
772-23
773-24
774-
775-of the State Treasurer may bring a civil action to enforce the
776-provisions of the Research and Education Protection Act of 2024 . If
777-such action is successful, the Attorney General or the Office of the
778-State Treasurer shall be entitled to re asonable attorney fees and
779-costs.
780-C. An employee of a public school or an institution of higher
781-education who in good faith reports an undisclosed foreign gift or
782-contract to the Attorney General or the Office of the S tate
783-Treasurer shall be im mune from employment disc ipline or civil
784-liability. The reporting employee shall be entitled t o receive a
785-reward in the amount of twenty-five percent (25%) of any penalty
786-recovered by the State Board of Education, the State R egents, the
787-Attorney General, or the Office of the State Treasurer.
788-D. Information reported pur suant to Sections 2 and 3 of this
789-act shall not be deem ed confidential except as provided for in the
790-Oklahoma Open Records Act.
791-E. The State Board of Education and the State Regents may adopt
792-promulgate rules to im plement the provisions of this section.
793-SECTION 5. NEW LAW A new section of law to be codified
794-in the Oklahoma Statutes as Section 24-166 of Title 70, unless there
795-is created a duplication in numbering, reads as follows:
796-A. A public school or institution of higher education shall not
797-participate in any cultural exchange agreement with a foreign source
798-
799-Req. No. 3560 Page 16 1
800-2
801-3
802-4
803-5
804-6
805-7
806-8
807-9
808-10
809-11
810-12
811-13
812-14
813-15
814-16
815-17
816-18
817-19
818-20
819-21
820-22
821-23
822-24
823-
824-from a country of concern, or any entity controlled by a country of
825-concern, which:
826-1. Constrains the freedom of contract of such pu blic school or
827-institution of higher education;
828-2. Allows the curricula or values of a program in this state to
829-be directed, controlled, or influenced by a country of concern; or
830-3. Promotes an agend a detrimental to the safety or security of
831-this state, its residents, or the United States.
832-B. Prior to the execution of a cultural exchange agreement with
833-a foreign source from a country of concern, the substance of the
834-agreement shall be shared with :
835-1. Federal agencies concerned with protecting national s ecurity
836-or enforcing trade sanctions, embargoes, or other restr ictions under
837-federal law. If any federal agency provides information suggesting
838-that such an agreement promotes an agenda detrimental to the safety
839-or security of this state, the U nited States, or its residents, the
840-public school or ins titution of higher education may not enter into
841-the agreement; and
842-2. The Office of Management and Ent erprise Services (OMES). If
843-OMES provides information suggesting t hat such an agreement promotes
844-an agenda detrimental to the safety or security of this state, the
845-United States, or its residents, the public school or institution of
846-higher education may not enter into the agreement.
847-
848-Req. No. 3560 Page 17 1
849-2
850-3
851-4
852-5
853-6
854-7
855-8
856-9
857-10
858-11
859-12
860-13
861-14
862-15
863-16
864-17
865-18
866-19
867-20
868-21
869-22
870-23
871-24
872-
873-C. By July 1, 2025, and by each July 1 thereafter, each public
874-school shall submit the information required by subsection B of this
875-section to the State Board of Education , and each institution of
876-higher education shall submit the information required by subsection
877-B of this section to the O klahoma State Regents for Higher
878-Education.
879-D. By December 1, 2025, and each December 1 thereaf ter, the
880-State Regents and the S tate Board of Education shall each
881-electronically submit a report to the Governor, the President Pro
882-Tempore of the Senate, and th e Speaker of the House of
883-Representatives relating to partnerships and agreements of
884-institutions of higher education and public schools, respect ively,
885-made with educational institutions or other institutions based in
886-countries of concern. The report shall include at a minimum the
887-following information for the previous fiscal year:
888-1. Data reflecting any grant program, agreement, partnership,
889-or contract between an institution of higher education and any
890-college, university, or entity that is based in or controlled by a
891-country of concern or between a public school and any private or
892-public school that is based in or controlled by a country of
893-concern;
894-2. Data reflecting any office, campus, or physical location
895-used or maintained by an institution of higher education in a
896-country of concern; and
897-
898-Req. No. 3560 Page 18 1
899-2
900-3
901-4
902-5
903-6
904-7
905-8
906-9
907-10
908-11
909-12
910-13
911-14
912-15
913-16
914-17
915-18
916-19
917-20
918-21
919-22
920-23
921-24
922-
923-3. The date on which any such grant program, agreement,
924-partnership, or contract reported pursuant to paragraph 1 of this
925-subsection is expected to terminate.
926-E. 1. No students’ or scholars’ association affiliated with
927-any public school or institu tion of higher education may accept any
928-gift or grant from a foreign source in a country of concern or enter
929-into any contract or agreement with a foreign source in a country of
930-concern. For the purposes of this subsection, member dues or fees
931-shall not be considered a gift or grant from a foreign sourc e in a
932-country of concern.
933-2. A violation of th e provisions of paragraph 1 of this
934-subsection shall result in the public school or institution of
935-higher education ending any affiliation with the students ’ or
936-scholars’ association.
937-F. Each public school or institution of higher education that
938-has established or wi ll establish an exchange program or
939-international cultural agreement concerning the Mandarin dialect of
940-the Chinese language or culture shall adopt a policy of prioritizing
941-partnerships with foreign sources from the Republic of China over
942-partnerships with foreign sources from the People ’s Republic of
943-China.
944-G. The State Board of Education and the State Rege nts may adopt
945-regulations and rules to impleme nt the provisions of this section.
946-
947-Req. No. 3560 Page 19 1
948-2
949-3
950-4
951-5
952-6
953-7
954-8
955-9
956-10
957-11
958-12
959-13
960-14
961-15
962-16
963-17
964-18
965-19
966-20
967-21
968-22
969-23
970-24
971-
972-SECTION 6. NEW LAW A new section of law to be codified
973-in the Oklahoma Statutes as Section 24-167 of Title 70, unless there
974-is created a duplication in n umbering, reads as follows:
975-A. Each institution of higher education or affiliate thereof
976-that has a research budget of Ten Million Dollars ($10,000,000.00)
977-or more shall screen :
978-1. Applicants seeking employment in research or research -
979-related support positions ;
980-2. Graduate and undergra duate students applying for research or
981-research-related support positions; and
982-3. Applicants for positions of visi ting researcher who are:
983-a. citizens of a foreign country and who are not
984-permanent residents of the United States, or
985-b. citizens and permanent reside nts of the United States
986-who have any affiliation with an institution or
987-program or at least one year of prior employment or
988-training in a country of concern, with the exception
989-of employment or training by an agency of the United
990-States government.
991-Screening required by this subsection shall be required prior to
992-interviewing such applicants or of fering an applicant a position of
993-employment or of visiting researcher. An institution of higher
994-education may screen other applicants for such positions.
995-
996-Req. No. 3560 Page 20 1
997-2
998-3
999-4
1000-5
1001-6
1002-7
1003-8
1004-9
1005-10
1006-11
1007-12
1008-13
1009-14
1010-15
1011-16
1012-17
1013-18
1014-19
1015-20
1016-21
1017-22
1018-23
1019-24
1020-
1021-B. In addition to satisfying all employment and enrollment
1022-qualifications imposed by federal law, the governing board of
1023-regents for each institution of higher education shall:
1024-1. Require a foreign applicant to submit a complete copy of his
1025-or her passport and most recently submitted Online Nonimmigrant Visa
1026-Application, DS-160. After extraction and submission of all
1027-information relevant to the requirements of this section, a n
1028-institution of higher education may destroy or return the copy of
1029-the DS-160;
1030-2. Require all individuals described in subsection A of this
1031-section to submit:
1032-a. a complete resume and curriculum vitae including every
1033-institution of higher education attended,
1034-b. all previous employment since the applicant reached
1035-the age of eighteen,
1036-c. a list of all published material for which the
1037-applicant received credit as an author, a researcher,
1038-or otherwise to which the applicant contributed
1039-significant research, writing, or editorial support,
1040-d. a list of the applicant’s current and pending research
1041-funding from any source including the source of funds,
1042-the amount, the applicant’s role on the project, and a
1043-brief description of the research, and
1044-
1045-Req. No. 3560 Page 21 1
1046-2
1047-3
1048-4
1049-5
1050-6
1051-7
1052-8
1053-9
1054-10
1055-11
1056-12
1057-13
1058-14
1059-15
1060-16
1061-17
1062-18
1063-19
1064-20
1065-21
1066-22
1067-23
1068-24
1069-
1070-e. a full disclosure of non -institution of higher
1071-education professional a ctivities including any
1072-affiliation with an institution of higher education or
1073-program in a country of concern; and
1074-3. An institution of higher education may require individuals
1075-described in subsection A of this section who have been continually
1076-employed or enrolled in an institution of higher education in the
1077-United States for tw enty (20) years or more to submit employment
1078-history prior to the most recent twenty (20) years.
1079-C. The president of each institution of higher education or
1080-affiliate thereof shall d esignate a research integrity office to
1081-review all materials submitted pursuant t o subsection B of this
1082-section and take reasonable s teps to verify all attendance,
1083-employment, publications, and contributions included in the
1084-submitted materials. Reasonable steps shall include but not be
1085-limited to searching public databa ses for research publication s,
1086-presentations, and public conflict of interest records to identify
1087-any research publication or presentation that may have been omitted
1088-from the materials submi tted pursuant to subsection B of this
1089-section; contacting all employers of the most recent ten (10) ye ars
1090-to verify employment; cont acting all institutions of higher
1091-education attended to verify enrollment and educational progress;
1092-searching public listings of persons subject to sanc tions or
1093-restrictions under federal law; subm itting the applicant ’s name and
1094-
1095-Req. No. 3560 Page 22 1
1096-2
1097-3
1098-4
1099-5
1100-6
1101-7
1102-8
1103-9
1104-10
1105-11
1106-12
1107-13
1108-14
1109-15
1110-16
1111-17
1112-18
1113-19
1114-20
1115-21
1116-22
1117-23
1118-24
1119-
1120-other identifying information to the Federal Bureau of Investigation
1121-or any federal agency reasonably willing to scruti nize such
1122-applicant for national security or counterespionag e purposes; and
1123-any other steps deemed appropriate. The institution of hi gher
1124-education or affiliate thereof may also direct the research
1125-integrity office to approve applicants for hi re based on a risk-
1126-based determination considering the nature of the research and
1127-background and ongoing affiliations of the applicant.
1128-D. The provisions of this section shall be completed before an
1129-institution of higher education or a n affiliate thereof interviews
1130-or offers a position to an individual described in subsection A of
1131-this section in any research or research -related support position
1132-and before granting such individu al any access to research data or
1133-activities or other sensitive data . An individual described in
1134-subsection A of this section may not be employed in a ny research or
1135-research-related support posit ion if he or she fail s to disclose a
1136-substantial educational, employment, or research-related activity,
1137-publication, or presentation at the time of submitting materials
1138-required by subsection B of this section u nless an institution of
1139-higher education department h ead or his or her des ignee certifies in
1140-writing the substance of the nondisclosure and the reasons for
1141-disregarding such failure to disclose. A copy of such certification
1142-shall be kept in the investigative file of the research integrity
1143-
1144-Req. No. 3560 Page 23 1
1145-2
1146-3
1147-4
1148-5
1149-6
1150-7
1151-8
1152-9
1153-10
1154-11
1155-12
1156-13
1157-14
1158-15
1159-16
1160-17
1161-18
1162-19
1163-20
1164-21
1165-22
1166-23
1167-24
1168-
1169-office and shall be submitted to the nearest Federal Bureau of
1170-Investigation field office.
1171-E. An institution of higher education’s research integrity
1172-office designated pursuant to subsection C of this section shall
1173-report to the nearest Federal Bureau of Investigation fiel d office,
1174-any law enforcement agency designated by the Governor, and the board
1175-of regents of the institution of higher education or affiliate
1176-thereof the identity of the individual who was rejected for
1177-employment based on the scrutiny required by t his section or other
1178-risk-based screening.
1179-F. Each institution of higher education shall adopt a policy of
1180-prioritizing foreign researchers from allied nations and joint
1181-research projects with allied nations in the following order of
1182-prioritization:
1183-1. Members of the Five Eyes Intelligence Oversight and Review
1184-Council;
1185-2. Current signatories of the North Atlantic Treaty;
1186-3. The State of Israel, the Republic of China, the People ’s
1187-Republic of Korea, Japan, the Philippines, and the Republic of
1188-India; and
1189-4. All other countri es including remaining nations designated
1190-as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the
1191-United States Department of State and remaining allied countries.
1192-
1193-Req. No. 3560 Page 24 1
1194-2
1195-3
1196-4
1197-5
1198-6
1199-7
1200-8
1201-9
1202-10
1203-11
1204-12
1205-13
1206-14
1207-15
1208-16
1209-17
1210-18
1211-19
1212-20
1213-21
1214-22
1215-23
1216-24
1217-
1218-G. By July 1, 2025, each institution of higher education or
1219-affiliate thereof that has a research budget of Ten Million Dollars
1220-($10,000,000.00) or more shall establish an international travel
1221-approval and monitoring program. The progra m shall require
1222-preapproval and screening by an institution of higher educat ion’s
1223-research integrity office designated pursuant to subsection C of
1224-this section, in addition to any other travel approval process
1225-requirements applicable to the institution of higher education.
1226-H. 1. Preapproval by an institution of higher education’s
1227-research integrity office s hall be based on the applicant ’s review
1228-and acknowledgement of guidance published by the employing
1229-institution of higher education or affiliate thereof which relates
1230-to countries of concern, countries under sanction, or other
1231-restrictions or design ations imposed by this state or the United
1232-States government including any federal licensing requirements ;
1233-customs rules; export controls; restrictions on taking i nstitutional
1234-property including intellectual property abroad ; restrictions on
1235-presentations, teaching , and interactions with foreign colleagues;
1236-and other subjects important to the research and academic integrity
1237-of the institution of highe r education.
1238-2. Preapproval by an institution of higher education’s research
1239-integrity office shall be based on the binding commitment of the
1240-individual traveler not to violate the institution of higher
1241-
1242-Req. No. 3560 Page 25 1
1243-2
1244-3
1245-4
1246-5
1247-6
1248-7
1249-8
1250-9
1251-10
1252-11
1253-12
1254-13
1255-14
1256-15
1257-16
1258-17
1259-18
1260-19
1261-20
1262-21
1263-22
1264-23
1265-24
1266-
1267-education’s limitations on travel and activities abroad and to obey
1268-all applicable federal laws .
1269-I. The institution of higher education or affiliate thereof
1270-shall maintain records of all foreign trav el requests and approvals;
1271-expenses reimbursed by the institution of higher education or
1272-affiliate thereof during such travel incl uding travel, food, and
1273-lodging; and payments and honoraria receiv ed during such travel and
1274-activities including for travel, food, and lodging. The institution
1275-of higher education shall retai n the records for at least three (3)
1276-years or any longer period of time required by a ny applicable state
1277-or federal law.
1278-J. The institution of higher educatio n or affiliate thereof
1279-shall provide an annual report of foreign travel to countries of
1280-concerns listing individual travelers, foreign locations v isited,
1281-and foreign institutions v isited to its board of regents.
1282-K. By July 1, 2025, the State Auditor and Inspector shall
1283-perform an operation al audit regarding implementation of the
1284-provisions of this se ction.
1285-SECTION 7. NEW LAW A new section of law to be codified
1286-in the Oklahoma Statutes as Section 24-168 of Title 70, unless there
1287-is created a duplication in numberi ng, reads as follows:
1288-A. Subject to the approval of its board of regents, an
1289-institution of higher education shall only enter into a new or renew
1290-an existing academic partnership with an academic or research
1291-
1292-Req. No. 3560 Page 26 1
1293-2
1294-3
1295-4
1296-5
1297-6
1298-7
1299-8
1300-9
1301-10
1302-11
1303-12
1304-13
1305-14
1306-15
1307-16
1308-17
1309-18
1310-19
1311-20
1312-21
1313-22
1314-23
1315-24
1316-
1317-institution located in a country of concern if the institution of
1318-higher education maintains sufficient structural safeguards to
1319-protect its intellectual property, the security of this state, and
1320-the national security interests of the United States. A board of
1321-regents shall only approve an institution of higher education’s
1322-partnership if the board, in consultation with the Office of the
1323-Attorney General, determines the partnership meets the following
1324-safeguard requirements:
1325-1. Compliance with all federal requirem ents including the
1326-requirements of federal research sponsors and federal export control
1327-agencies, regulations regarding international traffic in arms and
1328-export administration, and economic and trade sanctions administered
1329-by the federal Office of Foreign Assets Control of the United States
1330-Department of the Treasu ry;
1331-2. Annual formal institution -level programs for faculty on
1332-conflicts of interest and confli cts of commitment; and
1333-3. A formalized foreign visitor process and uniform visiting
1334-scholar agreement.
1335-B. The board of regents of an institution of higher education,
1336-in consultation with the Office of the Attorney General, shall have
1337-full discretion to reject or terminate any research pa rtnership
1338-between the institution and an academic or research institution
1339-located in a country of concern at any time and for any purpose.
1340-
1341-Req. No. 3560 Page 27 1
1342-2
1343-3
1344-4
1345-5
1346-6
1347-7
1348-8
1349-9
1350-10
1351-11
1352-12
1353-13
1354-14
1355-15
1356-16
1357-17
1358-18
1359-19
1360-20
1361-21
1362-22
1363-23
1364-24
1365-
1366-SECTION 8. NEW LAW A new section of law to be codified
1367-in the Oklahoma Statutes as Section 24-169 of Title 70, unless there
1368-is created a duplication in numberi ng, reads as follows:
1369-A. No later than ninety (90) days after the effective date of
1370-this act, the Governor shall appoint one qualified person who shall
1371-be responsible for the “Report on Foreign Influence in Higher
1372-Education”. The report shall be electronically submitted to the
1373-Governor, the President Pro Tempore of the Senate, and the Speaker
1374-of the House of Representatives and shall be published semi-annually
1375-on a state website.
1376-B. The Report on Foreign Influence in Higher Education :
1377-1. Shall investigate and provide oversight of all attempted
1378-foreign influence operations in higher education in this sta te; and
1379-2. May include a synthesis of reports from the federal
1380-government and state agencies, new findings and ongoing
1381-investigations, and r ecommendations for li miting exposure to foreign
1382-influence.
1383-SECTION 9. NEW LAW A new section of law to be codified
1384-in the Oklahoma Statutes as Section 24-170 of Title 70, unless there
1385-is created a duplication in numbering, reads as follows:
1386-The provisions of the Research and Education Protection Act of
1387-2024 are severable and if any part or provision shall be held void ,
1388-the decision of the court so holding shall no t affect or impair any
1389-
1390-Req. No. 3560 Page 28 1
1391-2
1392-3
1393-4
1394-5
1395-6
1396-7
1397-8
1398-9
1399-10
1400-11
1401-12
1402-13
1403-14
1404-15
1405-16
1406-17
1407-18
1408-19
1409-20
1410-21
1411-22
1412-23
1413-24
1414-
1415-of the remaining parts or provisions of the Research and Education
1416-Protection Act of 2024.
1417-SECTION 10. This act shall become effective July 1, 2024.
1418-SECTION 11. It being immediately necessary for the preservation
1419-of the public peace, health , or safety, an emergency is hereby
1420138 declared to exist, by reason wher eof this act shall take effect and
1421139 be in full force from and after its passage and approval.
1422140
1423-59-2-3560 EB 2/27/2024 12:23:11 PM
141+59-2-3153 EB 1/16/2024 2:49:21 PM