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No. 3560 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) COMMITTEE SUBSTITUTE FOR SENATE BILL 1683 By: Dahm COMMITTEE SUBSTITUTE An Act relating to education; creating the Research and Education Protection Act of 2024 ; providing short title; providing purpose; def ining terms; requiring public schools and institutions of higher education to disclose certain gifts received after certain date; providing manner of disclosure; requiring submitted information to be fo rwarded to the Office of Management and Enterprise Services (OMES); requiring information to be disclosed on certain website; directing the State Auditor and Inspector to inspect or audit certain gifts upon certain request; requiring public schools and institutions o f higher education to disclose offering of certain gifts; providing manner of d isclosure; requiring submitted information to be forwarded to OMES to issue a final decision on whether certain gift may be accepted; directing OMES to develop certai n forms and maintain certain website; making certain indirect gi fts subject to certain approval process; directing the State Auditor and Inspector to inspect or audit certain gifts upon certain request; requiring public schools and institutions of higher education to disclose certain contracts from certain foreign sources entered into after certain date; providing manner of disclosure; requiring certain information to be submitted to OMES ; requiring information to be disclosed on certain website; directing the State Auditor and Inspector to inspect or audit certain contracts upon certain request ; requiring public schools and instituti ons of higher education to disclose certain proposed contracts; requiring submitted information to be forwarded to OMES to issue a final decision on wh ether a school or Req. No. 3560 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 institution may enter into certain contract; directing OMES to develop certain forms and maintain certain website; making certain contracts subject to certain approval process ; directing the State Auditor and Inspector to inspect or a udit certain contracts upon certain request ; providing civil penalty for certain failure to disclose certain information; providing for deposit of funds; providing for administrative enforcement of penalty; allowing certain entities to bring civil action for c ertain enforcement; providing for attorney fees; providing immunity from employment discipline and civil liability to certain employees who make certain reports; providing for reward amount; providing for confidentiality of certain information; prohibiting public schools and institutions of higher education from participating in cert ain agreements with certai n foreign sources; requiring certain cultural exchange agreements to be shared with certain federal and state agencies; providing manner of sharing information; requiring the Oklahoma State Regents for Higher Education and the State Board of Education to submit certain annual report by c ertain date; providing contents of report; prohibiting certain associations from accepting certain gifts or grants or entering into certain contracts ; requiring public schools and institutions of higher education that establish certain program or agreement to adopt certain prioritizing policy; requiring institutions of higher education with certain research budget to screen certain applicants and students; directing boards of regents to require submission of certain materials from certain individuals; directing presidents of institutions of higher education to designate a research integrity office; providing purpose of office; requiring certain review prior to interviewing for or offering certain positions; allowing an individual to not be employed for failure to disclose certain information; requiring a research integrity office to report certain information regarding an individual who was rejected for employment on certain basis; directing inst itutions of higher education to adopt a policy of prioritizing certain foreign researchers; requiring institutions of higher education with certain research budget to establish certain travel approval and monitoring program; providing criteria for certain preapproval; Req. No. 3560 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 requiring maintenance of certain records of foreign travel requests and approval s for certain time period; requiring submission of certain annual report; requiring certai n operation audit by certain date; allowing certain academic partnerships to be entered into or renewed under certain conditions; directing the Governor to appoint certain individual to submit certain report; p roviding contents of report; providing for severability; providing for codification; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-162 of Title 70, unless there is created a duplication in numbering, reads as follows: A. This act shall be known and may be ci ted as the “Research and Education Protection Act of 2024 ”. The purpose of the act is to protect research and educational system operations in this state from malicious influence from foreign countries of co ncern. B. As used in this act: 1. “Affiliate organization ” means any entity under the control of or established for the benefit of an organization re quired to report pursuant to this section including a d irect-support organization; 2. “Agreement” means a written or spoken statement of mutual interest in cultural exchange or academic or research collaboration; 3. “Allied countries” means: Req. No. 3560 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. nations currently party to any bilateral mutual defense treaties including the North Atlantic Treaty, the Agreement between the United States and Australia and New Zealand, the Phi lippine Treaty, the Southeast Asia Treaty, the Japanese Treaty, the Republic of Korea Treaty, or the Rio Treaty, b. any nation currently designated as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the United States Department of State, or c. the Republic of China ; 4. “Contract” means any agreement for the acquisition b y purchase, lease, or barter of property or services for the direct benefit or use of either of the parties; 5. “Country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the State of Qatar, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro , the Syrian Arab Republic, or any foreign terrori st organization designated by the United States Secretary of State in accordance with the Immigration and Naturalization Act, as amended, including any agent of or any other entity under significant control of such foreig n country of concern or any other entity deemed by the Governor in consultation with the Oklahoma Office of Homeland Security ; Req. No. 3560 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. “Direct-support organization” means an organization that is organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of an institution of higher education or for the benefit of a research and development park or research and development authority affiliated with an institution of higher education; 7. “Foreign government” means the government of any country, nation, group of nations, or any province or political subdivision of any country, nation, or group of natio ns other than the government of the United States including any agent of such foreign government; 8. “Foreign source” means: a. a foreign government or an agency of a foreign government, b. a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states, c. an individual who is not a citizen or a national of the United States or a territory or protectorate of the United States, d. a partnership, association, corporation, organization, or any other combination of person s organized under the laws of or having its principal place of business in a country of concern of subsidiary of such entity, Req. No. 3560 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. an agent including a subsidiary or an affiliate of a foreign legal entity acting on behalf of a foreign source, f. a political party or a member of a political party. For the purposes of this subparagraph, the term “political party” means an organization or combination of individuals whose aim or purpose is, or who is engaged in any activity devoted in whole or in part to, the establishment, administration, control, or acquisition of administration or contr ol of a government of a country of concer n or a subdivision thereof or the furtherance or influencing of the political or public interest, policies, or relation s of a government of a country of concern or subdivision thereof, or g. a program operated for the benefit of a government or political party of a country of concern including, but not limited to, the Thousand Talents Program, any program affiliated with United Front opera tions, or any program affiliated with a country of concern ’s ministry of education; 9. “Gift” means any gift, grant , endowment, award, or donation of money or property of any kind, or any combination thereof, including a conditional o r unconditional pledge of such gift, Req. No. 3560 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 endowment, award, or donation. For the purposes of this paragraph, pledge means a promis e, an agreement, or an expressed intention to give a gift, and grant means a transfer of money for a specified purpose including a conditional gift; 10. “Institution of higher education ” means an institution of higher education within The Oklahoma State System of Hi gher Education or a private institution of higher learning located within this state and accredited pursuant to Section 4103 of Title 70 of the Oklahoma Statutes ; 11. “Interest” in an entity means any direct or indirect investment in or loan to an entity valued at five percent (5%) or more of the entity’s net worth or any form of direct or indirect control exerting similar or greater influenc e on the governance of the entity; 12. “Partnership” means a faculty or student ex change program, a study abroad program, a matriculation program, a recruiting program, or a dual degree program; and 13. “Public school” means a public school district, public charter school, or public statewide virtual charter school . SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-163 of Title 70, unless there is created a duplication in numbering, reads as follows: A. 1. Any public school or institution of higher education that has received directly or indirectly any gift with any value Req. No. 3560 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 from any foreign source from a country of concern after December 31, 2013, shall disclose such gifts in the follo wing manner: a. public schools shall disclose such gifts to the State Board of Education and the State Depart ment of Education within sixty (60) days after the effective date of this act, and b. institutions of higher education shall disclose such gifts to the Oklahoma State Regents fo r Higher Education within sixty (60) days after the effective date of this act. 2. Unless otherwise prohibited or deem ed confidential under state or federal law, disclosure required by this subsection shall include the date the gift was received; the amount of the gift ; the purpose of the gift; the identification of the persons the gift was explicitly intended to benefit; any applicable conditions, requirements, restrictions, or terms made part of the gift; the name and country of residence or domicile of the foreign source; the name and mailing address of the disclosing entity; and, as applicable, the date of termination of the gift. 3. Information submitted pursuant to paragraph 1 of this subsection shall be forwarded to the Office of Management and Enterprise Services (OMES), which shall maintain a public web portal to disclose information on past gifts from countries of concern. Req. No. 3560 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Upon a request from the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, the State Auditor and Inspector shall inspect or audit a past gift or gift agreement. B. 1. Any public school or institution of higher education that has been offered directly or indirectly any gift with any value from a foreign source from a country of concern after the effective date of this act shall disclose such gift in the f ollowing manner: a. public schools shall disclose such gifts to the State Board of Education and the State Department of Education before accepting suc h gifts, and b. institutions of higher education shall disclose such gifts to the Oklahoma State Regents for Higher Education before accepting such gifts. 2. Unless otherwise prohibited or deemed confidential under state or federal law, disclosure req uired by this subsection shall include the date the gift was offered; the amount of the gift; the purpose of the gift; the identification of the persons the gift was explicitly intended to benefit; any applicable conditions, requirements, restrictions, or term s made part of the gift; the name and country of residence or domicile of the foreign source; the name and mailing address of the disclos ing entity; and, as applicable, the date of termination of the gift . Req. No. 3560 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Information submitted pursuant to paragraph 1 of this subsection shall be forwarded to OMES. Within thirty (30) days of receiving the disclosure of an offered gift, OMES shall issue a final decision to the public school or institution of higher education on whether and under what conditions the publi c school or institution of higher education may accept the gift. OMES shall: a. develop disclosure forms, rules, and procedures for deciding whether to allow a public school or institution of higher education to accept gifts from countries of concern, and b. maintain a public web portal disclosing proposed gifts from countries of concern with the final decis ion from OMES on whether to allow the public school or institution of higher education to accept the gift . 4. For the purposes of this section, a gift received by a public school or institution of higher education from a foreign source through an intermediary shall be considered an indirect gift and shall be subject to the approval process provided for in this subsection. 5. Upon the request of the Governor, the President Pro Tempore of the Senate, or the Speaker of the House o f Representatives, the State Auditor and Inspector shall inspect or audit a gift or gift agreement. Req. No. 3560 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-164 of Title 70, unless there is created a duplication in numbering, reads as follows: A. A public school or institu tion of higher education that has entered directly or indirectly into any contract with any value from any foreign source from a country of conce rn after December 31, 2013, shall disclose such contracts in the following manner: 1. Public schools shall disclose such contracts to the State Board of Education and the State Department of Education within sixty (60) days after the effective date of this act; and 2. Institutions of higher education shall disclose such contracts to the Oklahoma State Regents for Higher Education within sixty (60) days afte r the effective date of this act. B. Unless otherwise prohibited or deemed confidential under state or federal law, disclosure required by subsection A of this section shall include the da te of the contract; the amount of the contract; the purpose of the contract; the identification of the persons the contract was explicitly intended to benefit; any applicable conditions, requirements, restrictions, or terms made part of the contract; a copy of the contract; the name and country of residence or domicile of the foreign source; the name and mailing address of the disclosing entity; and, as applicable, the date of termination of the contract. Req. No. 3560 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. For the purposes of this section, a contract entered into with a foreign source through an intermediary or affiliate organization shall be considered an indirect contr act to the public school or institution of higher education and shall be subject to the disclosure process provided for in this section. D. Information submitted pursuant to subsection A of this section shall be forwarded to the Office of Management and Enterprise Services (OMES), which shall maintain a public web portal to disclose information on past proposed and entered into contracts with countries of concern. E. Upon the request of the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, the State Auditor and Inspector shall inspect or audit a past contract. F. Any public school or institution of higher education that has been offered or has proposed dir ectly or indirectly any contract with any value from or with a foreign source f rom a country of concern after the effective date of this act shal l disclose such proposed contract in the fol lowing manner: 1. Public schools shall disclose such contract to the State Board of Education and the State Department of Education before entering into such contract ; and 2. Institutions of higher education shall disclose such contract to the State Regents. Req. No. 3560 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. Unless otherwise prohibited or deemed confidential under state or federal law, disclosure required by subsection F of this section shall include the date of the contract; the amount of the contract; the purpose of the contract; the identification of the persons the contract was explicitly intended to benefit; any applicable conditions, requirements, restrictions, or terms made part of the contract; a copy of the contract; the name and country of residence or domicile of the foreign source; the name and mailing address of the disclosing entity; and, as applicable, the date of termination of the contract. H. Information submitted pursuant to subsection F of this section shall be forwarded to OMES. Within thirty (30) days of receiving the disclosure of the offered or proposed contract , OMES shall issue a final decision to the public school or institution of higher education on whether and under what conditions the public school or institution of higher education may enter into the contract. OMES shall: 1. Develop disclosure forms, rules, and procedures for deciding whether to allow a public school or an institution of higher education to enter into a contract with a country of concern; and 2. Maintain a public web portal disclosing proposed or offered contracts with countries of concern with the final decision from OMES on whether to allow the public school or institut ion of higher education to enter into the contract . Req. No. 3560 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I. For the purposes of this section, a contract proposed from a foreign source through an intermedia ry or affiliate organization shall be considered an indirect contract with the public school or institution of higher education and shall be subject to the approval process provided for in subsection H of thi s section. J. Upon the request of the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of R epresentatives, the State Auditor and Inspector shall inspect or audit a con tract entered into pursuant to this section. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Se ction 24-165 of Title 70, unless there is created a duplication in numbering, reads as follows: A. A public school or institution of higher education that knowingly, willfully, or negligently fails to disclose the information required by the Research and Education Protection Act of 2024 shall be subject to a civil penalty of one hundred and five percent (105%) of the amount of the undisclosed gift or contract, payable only from non -state funds. The recovered funds shall be deposited into the General R evenue Fund. The State Board of Education or the Oklahoma State Regents for Higher Education may administratively enforce the penalty provided for in this section as an administrative penalty. B. In the absence of enforcement by the State Board of Education or the State Regents, the Attorney General or the Office Req. No. 3560 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the State Treasurer may bring a civil action to enforce the provisions of the Research and Education Protection Act of 2024 . If such action is successful, the Attorney General or the Office of the State Treasurer shall be entitled to re asonable attorney fees and costs. C. An employee of a public school or an institution of higher education who in good faith reports an undisclosed foreign gift or contract to the Attorney General or the Office of the S tate Treasurer shall be im mune from employment disc ipline or civil liability. The reporting employee shall be entitled t o receive a reward in the amount of twenty-five percent (25%) of any penalty recovered by the State Board of Education, the State R egents, the Attorney General, or the Office of the State Treasurer. D. Information reported pur suant to Sections 2 and 3 of this act shall not be deem ed confidential except as provided for in the Oklahoma Open Records Act. E. The State Board of Education and the State Regents may adopt promulgate rules to im plement the provisions of this section. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-166 of Title 70, unless there is created a duplication in numbering, reads as follows: A. A public school or institution of higher education shall not participate in any cultural exchange agreement with a foreign source Req. No. 3560 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 from a country of concern, or any entity controlled by a country of concern, which: 1. Constrains the freedom of contract of such pu blic school or institution of higher education; 2. Allows the curricula or values of a program in this state to be directed, controlled, or influenced by a country of concern; or 3. Promotes an agend a detrimental to the safety or security of this state, its residents, or the United States. B. Prior to the execution of a cultural exchange agreement with a foreign source from a country of concern, the substance of the agreement shall be shared with : 1. Federal agencies concerned with protecting national s ecurity or enforcing trade sanctions, embargoes, or other restr ictions under federal law. If any federal agency provides information suggesting that such an agreement promotes an agenda detrimental to the safety or security of this state, the U nited States, or its residents, the public school or ins titution of higher education may not enter into the agreement; and 2. The Office of Management and Ent erprise Services (OMES). If OMES provides information suggesting t hat such an agreement promotes an agenda detrimental to the safety or security of this state, the United States, or its residents, the public school or institution of higher education may not enter into the agreement. Req. No. 3560 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. By July 1, 2025, and by each July 1 thereafter, each public school shall submit the information required by subsection B of this section to the State Board of Education , and each institution of higher education shall submit the information required by subsection B of this section to the O klahoma State Regents for Higher Education. D. By December 1, 2025, and each December 1 thereaf ter, the State Regents and the S tate Board of Education shall each electronically submit a report to the Governor, the President Pro Tempore of the Senate, and th e Speaker of the House of Representatives relating to partnerships and agreements of institutions of higher education and public schools, respect ively, made with educational institutions or other institutions based in countries of concern. The report shall include at a minimum the following information for the previous fiscal year: 1. Data reflecting any grant program, agreement, partnership, or contract between an institution of higher education and any college, university, or entity that is based in or controlled by a country of concern or between a public school and any private or public school that is based in or controlled by a country of concern; 2. Data reflecting any office, campus, or physical location used or maintained by an institution of higher education in a country of concern; and Req. No. 3560 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. The date on which any such grant program, agreement, partnership, or contract reported pursuant to paragraph 1 of this subsection is expected to terminate. E. 1. No students’ or scholars’ association affiliated with any public school or institu tion of higher education may accept any gift or grant from a foreign source in a country of concern or enter into any contract or agreement with a foreign source in a country of concern. For the purposes of this subsection, member dues or fees shall not be considered a gift or grant from a foreign sourc e in a country of concern. 2. A violation of th e provisions of paragraph 1 of this subsection shall result in the public school or institution of higher education ending any affiliation with the students ’ or scholars’ association. F. Each public school or institution of higher education that has established or wi ll establish an exchange program or international cultural agreement concerning the Mandarin dialect of the Chinese language or culture shall adopt a policy of prioritizing partnerships with foreign sources from the Republic of China over partnerships with foreign sources from the People ’s Republic of China. G. The State Board of Education and the State Rege nts may adopt regulations and rules to impleme nt the provisions of this section. Req. No. 3560 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-167 of Title 70, unless there is created a duplication in n umbering, reads as follows: A. Each institution of higher education or affiliate thereof that has a research budget of Ten Million Dollars ($10,000,000.00) or more shall screen : 1. Applicants seeking employment in research or research - related support positions ; 2. Graduate and undergra duate students applying for research or research-related support positions; and 3. Applicants for positions of visi ting researcher who are: a. citizens of a foreign country and who are not permanent residents of the United States, or b. citizens and permanent reside nts of the United States who have any affiliation with an institution or program or at least one year of prior employment or training in a country of concern, with the exception of employment or training by an agency of the United States government. Screening required by this subsection shall be required prior to interviewing such applicants or of fering an applicant a position of employment or of visiting researcher. An institution of higher education may screen other applicants for such positions. Req. No. 3560 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. In addition to satisfying all employment and enrollment qualifications imposed by federal law, the governing board of regents for each institution of higher education shall: 1. Require a foreign applicant to submit a complete copy of his or her passport and most recently submitted Online Nonimmigrant Visa Application, DS-160. After extraction and submission of all information relevant to the requirements of this section, a n institution of higher education may destroy or return the copy of the DS-160; 2. Require all individuals described in subsection A of this section to submit: a. a complete resume and curriculum vitae including every institution of higher education attended, b. all previous employment since the applicant reached the age of eighteen, c. a list of all published material for which the applicant received credit as an author, a researcher, or otherwise to which the applicant contributed significant research, writing, or editorial support, d. a list of the applicant’s current and pending research funding from any source including the source of funds, the amount, the applicant’s role on the project, and a brief description of the research, and Req. No. 3560 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. a full disclosure of non -institution of higher education professional a ctivities including any affiliation with an institution of higher education or program in a country of concern; and 3. An institution of higher education may require individuals described in subsection A of this section who have been continually employed or enrolled in an institution of higher education in the United States for tw enty (20) years or more to submit employment history prior to the most recent twenty (20) years. C. The president of each institution of higher education or affiliate thereof shall d esignate a research integrity office to review all materials submitted pursuant t o subsection B of this section and take reasonable s teps to verify all attendance, employment, publications, and contributions included in the submitted materials. Reasonable steps shall include but not be limited to searching public databa ses for research publication s, presentations, and public conflict of interest records to identify any research publication or presentation that may have been omitted from the materials submi tted pursuant to subsection B of this section; contacting all employers of the most recent ten (10) ye ars to verify employment; cont acting all institutions of higher education attended to verify enrollment and educational progress; searching public listings of persons subject to sanc tions or restrictions under federal law; subm itting the applicant ’s name and Req. No. 3560 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 other identifying information to the Federal Bureau of Investigation or any federal agency reasonably willing to scruti nize such applicant for national security or counterespionag e purposes; and any other steps deemed appropriate. The institution of hi gher education or affiliate thereof may also direct the research integrity office to approve applicants for hi re based on a risk- based determination considering the nature of the research and background and ongoing affiliations of the applicant. D. The provisions of this section shall be completed before an institution of higher education or a n affiliate thereof interviews or offers a position to an individual described in subsection A of this section in any research or research -related support position and before granting such individu al any access to research data or activities or other sensitive data . An individual described in subsection A of this section may not be employed in a ny research or research-related support posit ion if he or she fail s to disclose a substantial educational, employment, or research-related activity, publication, or presentation at the time of submitting materials required by subsection B of this section u nless an institution of higher education department h ead or his or her des ignee certifies in writing the substance of the nondisclosure and the reasons for disregarding such failure to disclose. A copy of such certification shall be kept in the investigative file of the research integrity Req. No. 3560 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 office and shall be submitted to the nearest Federal Bureau of Investigation field office. E. An institution of higher education’s research integrity office designated pursuant to subsection C of this section shall report to the nearest Federal Bureau of Investigation fiel d office, any law enforcement agency designated by the Governor, and the board of regents of the institution of higher education or affiliate thereof the identity of the individual who was rejected for employment based on the scrutiny required by t his section or other risk-based screening. F. Each institution of higher education shall adopt a policy of prioritizing foreign researchers from allied nations and joint research projects with allied nations in the following order of prioritization: 1. Members of the Five Eyes Intelligence Oversight and Review Council; 2. Current signatories of the North Atlantic Treaty; 3. The State of Israel, the Republic of China, the People ’s Republic of Korea, Japan, the Philippines, and the Republic of India; and 4. All other countri es including remaining nations designated as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the United States Department of State and remaining allied countries. Req. No. 3560 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. By July 1, 2025, each institution of higher education or affiliate thereof that has a research budget of Ten Million Dollars ($10,000,000.00) or more shall establish an international travel approval and monitoring program. The progra m shall require preapproval and screening by an institution of higher educat ion’s research integrity office designated pursuant to subsection C of this section, in addition to any other travel approval process requirements applicable to the institution of higher education. H. 1. Preapproval by an institution of higher education’s research integrity office s hall be based on the applicant ’s review and acknowledgement of guidance published by the employing institution of higher education or affiliate thereof which relates to countries of concern, countries under sanction, or other restrictions or design ations imposed by this state or the United States government including any federal licensing requirements ; customs rules; export controls; restrictions on taking i nstitutional property including intellectual property abroad ; restrictions on presentations, teaching , and interactions with foreign colleagues; and other subjects important to the research and academic integrity of the institution of highe r education. 2. Preapproval by an institution of higher education’s research integrity office shall be based on the binding commitment of the individual traveler not to violate the institution of higher Req. No. 3560 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 education’s limitations on travel and activities abroad and to obey all applicable federal laws . I. The institution of higher education or affiliate thereof shall maintain records of all foreign trav el requests and approvals; expenses reimbursed by the institution of higher education or affiliate thereof during such travel incl uding travel, food, and lodging; and payments and honoraria receiv ed during such travel and activities including for travel, food, and lodging. The institution of higher education shall retai n the records for at least three (3) years or any longer period of time required by a ny applicable state or federal law. J. The institution of higher educatio n or affiliate thereof shall provide an annual report of foreign travel to countries of concerns listing individual travelers, foreign locations v isited, and foreign institutions v isited to its board of regents. K. By July 1, 2025, the State Auditor and Inspector shall perform an operation al audit regarding implementation of the provisions of this se ction. SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-168 of Title 70, unless there is created a duplication in numberi ng, reads as follows: A. Subject to the approval of its board of regents, an institution of higher education shall only enter into a new or renew an existing academic partnership with an academic or research Req. No. 3560 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 institution located in a country of concern if the institution of higher education maintains sufficient structural safeguards to protect its intellectual property, the security of this state, and the national security interests of the United States. A board of regents shall only approve an institution of higher education’s partnership if the board, in consultation with the Office of the Attorney General, determines the partnership meets the following safeguard requirements: 1. Compliance with all federal requirem ents including the requirements of federal research sponsors and federal export control agencies, regulations regarding international traffic in arms and export administration, and economic and trade sanctions administered by the federal Office of Foreign Assets Control of the United States Department of the Treasu ry; 2. Annual formal institution -level programs for faculty on conflicts of interest and confli cts of commitment; and 3. A formalized foreign visitor process and uniform visiting scholar agreement. B. The board of regents of an institution of higher education, in consultation with the Office of the Attorney General, shall have full discretion to reject or terminate any research pa rtnership between the institution and an academic or research institution located in a country of concern at any time and for any purpose. Req. No. 3560 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-169 of Title 70, unless there is created a duplication in numberi ng, reads as follows: A. No later than ninety (90) days after the effective date of this act, the Governor shall appoint one qualified person who shall be responsible for the “Report on Foreign Influence in Higher Education”. The report shall be electronically submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives and shall be published semi-annually on a state website. B. The Report on Foreign Influence in Higher Education : 1. Shall investigate and provide oversight of all attempted foreign influence operations in higher education in this sta te; and 2. May include a synthesis of reports from the federal government and state agencies, new findings and ongoing investigations, and r ecommendations for li miting exposure to foreign influence. SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 24-170 of Title 70, unless there is created a duplication in numbering, reads as follows: The provisions of the Research and Education Protection Act of 2024 are severable and if any part or provision shall be held void , the decision of the court so holding shall no t affect or impair any Req. No. 3560 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the remaining parts or provisions of the Research and Education Protection Act of 2024. SECTION 10. This act shall become effective July 1, 2024. SECTION 11. It being immediately necessary for the preservation of the public peace, health , or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and approval. 59-2-3560 EB 2/27/2024 12:23:11 PM