Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1683 Latest Draft

Bill / Comm Sub Version Filed 02/27/2024

                             
 
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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   
 
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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;   
 
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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:   
 
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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 ;   
 
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6.  “Direct-support organization” means an organization that is 
organized and operated to receive, hold, invest, and administer 
property and to make expenditures to or for the benefit of an 
institution of higher education or for the benefit of a research and 
development park or research and development authority affiliated 
with an institution of higher education; 
7.  “Foreign government” means the government of any country, 
nation, group of nations, or any province or political subdivision 
of any country, nation, or 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,   
 
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e. an agent including a subsidiary or an affiliate of a 
foreign legal entity acting on behalf of a foreign 
source, 
f. a political party or a member of a political party.  
For the purposes of this subparagraph, the term 
“political party” means an organization or combination 
of individuals whose aim or purpose is, or who is 
engaged in any activity devoted in whole or in 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,   
 
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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   
 
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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.   
 
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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 .   
 
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3.  Information submitted pursuant to paragraph 1 of this 
subsection shall be forwarded to OMES. Within thirty (30) days of 
receiving the disclosure of an offered gift, OMES shall issue a 
final decision to the public school or institution of higher 
education on whether and under what 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.   
 
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SECTION 3.     NEW LAW    A new section of law to be codified 
in the Oklahoma Statutes as Section 24-164 of Title 70, unless there 
is created a duplication in numbering, reads as follows: 
A.  A public school or 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.   
 
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C.  For the purposes of this section, a contract entered into 
with a foreign source through an intermediary or affiliate 
organization shall be considered an 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.   
 
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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 .   
 
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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   
 
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of the State Treasurer may bring a civil action to enforce the 
provisions of the Research and Education Protection Act of 2024 .  If 
such action is successful, the Attorney General or the Office of the 
State Treasurer shall be entitled to 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   
 
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from a country of concern, or any entity controlled by a country of 
concern, which: 
1.  Constrains the freedom of contract of such 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.   
 
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C.  By July 1, 2025, and by each July 1 thereafter, each public 
school shall submit the information required by subsection B of this 
section to the State Board of Education , and each 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   
 
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3.  The date on which any such grant program, agreement, 
partnership, or contract reported pursuant to paragraph 1 of this 
subsection is expected to terminate. 
E.  1.  No students’ or scholars’ association affiliated with 
any public school or 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.   
 
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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.   
 
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B.  In addition to satisfying all employment and enrollment 
qualifications imposed by federal law, the governing board of 
regents for each institution of higher education shall: 
1.  Require a foreign applicant to submit a complete copy of his 
or her passport and most recently submitted Online Nonimmigrant Visa 
Application, DS-160.  After extraction and submission of all 
information relevant to the requirements of this section, 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   
 
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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   
 
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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   
 
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office and shall be submitted to the nearest Federal Bureau of 
Investigation field office. 
E.  An institution of higher education’s research integrity 
office designated pursuant to subsection C of this section 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.   
 
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G.  By July 1, 2025, each institution of higher education or 
affiliate thereof that has a research budget of Ten Million 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   
 
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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   
 
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institution located in a country of concern if the institution of 
higher education maintains sufficient structural safeguards to 
protect its intellectual property, the security of this state, and 
the national security interests of the United States.  A board of 
regents shall only approve an institution of higher education’s 
partnership if the board, in consultation with the Office of the 
Attorney General, determines the partnership meets the 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.   
 
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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   
 
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of the remaining parts or provisions of the Research and Education 
Protection Act of 2024. 
SECTION 10.  This act shall become effective July 1, 2024. 
SECTION 11.  It being immediately necessary for the preservation 
of the public peace, health , or safety, an emergency is hereby 
declared to exist, by reason whereof 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