Bill Text For HB1181 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 9, 2024                              |
 2|                                                                       |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 1181                  By: McCall and Lepak of the       |
  |                                                               House   |
 5|                                                                       |
  |                                         and                           |
 6|                                                                       |
  |                                         Dahm and Bullard of the       |
 7|                                                              Senate   |
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 8|                                                                       |
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 9|       An Act relating to education; creating the Research             |
  |       and Education Protection Act of 2024; providing short           |
10|       title; providing purpose; defining terms; requiring             |
  |       public schools and institutions of higher education             |
11|       to disclose certain gifts received after certain                |
  |       date; providing manner of disclosure; requiring                 |
12|       submitted information to be forwarded to the Office             |
  |       of Management and Enterprise Services (OMES);                   |
13|       requiring information to be disclosed on certain                |
  |       website; directing the State Auditor and Inspector to           |
14|       inspect or audit certain gifts upon certain request;            |
  |       requiring public schools and institutions of higher             |
15|       education to disclose offering of certain gifts;                |
  |       providing manner of disclosure; requiring submitted             |
16|       information to be forwarded to OMES to issue a final            |
  |       decision on whether certain gift may be accepted;               |
17|       directing OMES to develop certain forms and maintain            |
  |       certain website; making certain indirect gifts                  |
18|       subject to certain approval process; directing the              |
  |       State Auditor and Inspector to inspect or audit                 |
19|       certain gifts upon certain request; requiring public            |
  |       schools and institutions of higher education to                 |
20|       disclose certain contracts from certain foreign                 |
  |       sources entered into after certain date; providing              |
21|       manner of disclosure; requiring certain information             |
  |       to be submitted to OMES; requiring information to be            |
22|       disclosed on certain website; directing the State               |
  |       Auditor and Inspector to inspect or audit certain               |
23|       contracts upon certain request; requiring public                |
  |       schools and institutions of higher education to                 |
24|       disclose certain proposed contracts; requiring                  |
  |       submitted information to be forwarded to OMES to                |
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 1|       issue a final decision on whether a school or                   |
  |       institution may enter into certain contract;                    |
 2|       directing OMES to develop certain forms and maintain            |
  |       certain website; making certain contracts subject to            |
 3|       certain approval process; directing the State Auditor           |
  |       and Inspector to inspect or audit certain contracts             |
 4|       upon certain request; providing civil penalty for               |
  |       certain failure to disclose certain information;                |
 5|       providing for deposit of funds; providing for                   |
  |       administrative enforcement of penalty; allowing                 |
 6|       certain entities to bring civil action for certain              |
  |       enforcement; providing for attorney fees; providing             |
 7|       immunity from employment discipline and civil                   |
  |       liability to certain employees who make certain                 |
 8|       reports; providing for reward amount; providing for             |
  |       confidentiality of certain information; prohibiting             |
 9|       public schools and institutions of higher education             |
  |       from participating in certain agreements with certain           |
10|       foreign sources; requiring certain cultural exchange            |
  |       agreements to be shared with certain federal and                |
11|       state agencies; providing manner of sharing                     |
  |       information; requiring the Oklahoma State Regents for           |
12|       Higher Education and the State Board of Education to            |
  |       submit certain annual report by certain date;                   |
13|       providing contents of report; prohibiting certain               |
  |       associations from accepting certain gifts or grants             |
14|       or entering into certain contracts; requiring public            |
  |       schools and institutions of higher education that               |
15|       establish certain program or agreement to adopt                 |
  |       certain prioritizing policy; requiring institutions             |
16|       of higher education with certain research budget to             |
  |       screen certain applicants and students; directing               |
17|       boards of regents to require submission of certain              |
  |       materials from certain individuals; directing                   |
18|       presidents of institutions of higher education to               |
  |       designate a research integrity office; providing                |
19|       purpose of office; requiring certain review prior to            |
  |       interviewing for or offering certain positions;                 |
20|       allowing an individual to not be employed for failure           |
  |       to disclose certain information; requiring a research           |
21|       integrity office to report certain information                  |
  |       regarding an individual who was rejected for                    |
22|       employment on certain basis; directing institutions             |
  |       of higher education to adopt a policy of prioritizing           |
23|       certain foreign researchers; requiring institutions             |
  |       of higher education with certain research budget to             |
24|       establish certain travel approval and monitoring                |
  |       program; providing criteria for certain preapproval;            |
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 1|       requiring maintenance of certain records of foreign             |
  |       travel requests and approvals for certain time                  |
 2|       period; requiring submission of certain annual                  |
  |       report; requiring certain operation audit by certain            |
 3|       date; allowing certain academic partnerships to be              |
  |       entered into or renewed under certain conditions;               |
 4|       directing the Governor to appoint certain individual            |
  |       to submit certain report; providing contents of                 |
 5|       report; providing for severability; providing for               |
  |       codification; providing an effective date; and                  |
 6|       declaring an emergency.                                         |
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 7|                                                                       |
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 8|                                                                       |
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 9|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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10|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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11|in the Oklahoma Statutes as Section 24-162 of Title 70, unless there   |
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12|is created a duplication in numbering, reads as follows:               |
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13|    A.  This act shall be known and may be cited as the "Research      |
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14|and Education Protection Act of 2024".  The purpose of the act is to   |
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15|protect research and educational system operations in this state       |
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16|from malicious influence from foreign countries of concern.            |
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17|    B.  As used in this act:                                           |
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18|    1.  "Affiliate organization" means any entity under the control    |
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19|of or established for the benefit of an organization required to       |
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20|report pursuant to this section including a direct-support             |
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21|organization;                                                          |
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22|    2.  "Agreement" means a written or spoken statement of mutual      |
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23|interest in cultural exchange or academic or research collaboration;   |
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24|    3.  "Allied countries" means:                                      |
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 1|         a.    nations currently party to any bilateral mutual         |
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 2|              defense treaties including the North Atlantic Treaty,    |
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 3|              the Agreement between the United States and Australia    |
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 4|              and New Zealand, the Philippine Treaty, the Southeast    |
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 5|              Asia Treaty, the Japanese Treaty, the Republic of        |
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 6|              Korea Treaty, or the Rio Treaty,                         |
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 7|         b.    any nation currently designated as a Major Non-North    |
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 8|              Atlantic Treaty Organization (NATO) Ally by the United   |
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 9|              States Department of State, or                           |
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10|         c.    the Republic of China;                                  |
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11|    4.  "Contract" means any agreement for the acquisition by          |
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12|purchase, lease, or barter of property or services for the direct      |
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13|benefit or use of either of the parties;                               |
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14|    5.  "Country of concern" means the People's Republic of China,     |
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15|the Russian Federation, the Islamic Republic of Iran, the Democratic   |
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16|People's Republic of Korea, the State of Qatar, the Republic of        |
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17|Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab         |
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18|Republic, or any foreign terrorist organization designated by the      |
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19|United States Secretary of State in accordance with the Immigration    |
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20|and Naturalization Act, as amended, including any agent of or any      |
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21|other entity under significant control of such foreign country of      |
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22|concern or any other entity deemed by the Governor in consultation     |
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23|with the Oklahoma Office of Homeland Security;                         |
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24|                                                                       |
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 1|    6.  "Direct-support organization" means an organization that is    |
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 2|organized and operated to receive, hold, invest, and administer        |
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 3|property and to make expenditures to or for the benefit of an          |
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 4|institution of higher education or for the benefit of a research and   |
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 5|development park or research and development authority affiliated      |
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 6|with an institution of higher education;                               |
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 7|    7.  "Foreign government" means the government of any country,      |
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 8|nation, group of nations, or any province or political subdivision     |
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 9|of any country, nation, or group of nations other than the             |
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10|government of the United States including any agent of such foreign    |
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11|government;                                                            |
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12|    8.  "Foreign source" means:                                        |
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13|         a.    a foreign government or an agency of a foreign          |
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14|              government,                                              |
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15|         b.    a legal entity, governmental or otherwise, created      |
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16|              solely under the laws of a foreign state or states,      |
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17|         c.    an individual who is not a citizen or a national of     |
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18|              the United States or a territory or protectorate of      |
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19|              the United States,                                       |
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20|         d.    a partnership, association, corporation,                |
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21|              organization, or any other combination of persons        |
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22|              organized under the laws of or having its principal      |
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23|              place of business in a country of concern of             |
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24|              subsidiary of such entity,                               |
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 1|         e.    an agent including a subsidiary or an affiliate of a    |
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 2|              foreign legal entity acting on behalf of a foreign       |
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 3|              source,                                                  |
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 4|         f.    a political party or a member of a political party.     |
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 5|              For the purposes of this subparagraph, the term          |
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 6|              "political party" means an organization or combination   |
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 7|              of individuals whose aim or purpose is, or who is        |
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 8|              engaged in any activity devoted in whole or in part      |
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 9|              to, the establishment, administration, control, or       |
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10|              acquisition of administration or control of a            |
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11|              government of a country of concern or a subdivision      |
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12|              thereof or the furtherance or influencing of the         |
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13|              political or public interest, policies, or relations     |
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14|              of a government of a country of concern or subdivision   |
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15|              thereof, or                                              |
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16|         g.    a program operated for the benefit of a government or   |
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17|              political party of a country of concern including, but   |
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18|              not limited to, the Thousand Talents Program, any        |
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19|              program affiliated with United Front operations, or      |
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20|              any program affiliated with a country of concern's       |
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21|              ministry of education;                                   |
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22|    9.  "Gift" means any gift, grant, endowment, award, or donation    |
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23|of money or property of any kind, or any combination thereof,          |
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24|including a conditional or unconditional pledge of such gift,          |
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 1|endowment, award, or donation.  For the purposes of this paragraph,    |
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 2|pledge means a promise, an agreement, or an expressed intention to     |
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 3|give a gift, and grant means a transfer of money for a specified       |
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 4|purpose including a conditional gift;                                  |
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 5|    10.  "Institution of higher education" means an institution of     |
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 6|higher education within The Oklahoma State System of Higher            |
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 7|Education or a private institution of higher learning located within   |
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 8|this state and accredited pursuant to Section 4103 of Title 70 of      |
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 9|the Oklahoma Statutes;                                                 |
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10|    11.  "Interest" in an entity means any direct or indirect          |
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11|investment in or loan to an entity valued at five percent (5%) or      |
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12|more of the entity's net worth or any form of direct or indirect       |
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13|control exerting similar or greater influence on the governance of     |
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14|the entity;                                                            |
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15|    12.  "Partnership" means a faculty or student exchange program,    |
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16|a study abroad program, a matriculation program, a recruiting          |
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17|program, or a dual degree program; and                                 |
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18|    13.  "Public school" means a public school district, public        |
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19|charter school, or public statewide virtual charter school.            |
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20|    SECTION 2.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
21|in the Oklahoma Statutes as Section 24-163 of Title 70, unless there   |
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22|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
23|    A.  1.  Any public school or institution of higher education       |
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24|that has received directly or indirectly any gift with any value       |
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 1|from any foreign source from a country of concern after December 31,   |
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 2|2013, shall disclose such gifts in the following manner:               |
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 3|         a.    public schools shall disclose such gifts to the State   |
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 4|              Board of Education and the State Department of           |
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 5|              Education within sixty (60) days after the effective     |
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 6|              date of this act, and                                    |
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 7|         b.    institutions of higher education shall disclose such    |
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 8|              gifts to the Oklahoma State Regents for Higher           |
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 9|              Education within sixty (60) days after the effective     |
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10|              date of this act.                                        |
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11|    2.  Unless otherwise prohibited or deemed confidential under       |
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12|state or federal law, disclosure required by this subsection shall     |
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13|include the date the gift was received; the amount of the gift; the    |
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14|purpose of the gift; the identification of the persons the gift was    |
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15|explicitly intended to benefit; any applicable conditions,             |
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16|requirements, restrictions, or terms made part of the gift; the name   |
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17|and country of residence or domicile of the foreign source; the name   |
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18|and mailing address of the disclosing entity; and, as applicable,      |
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19|the date of termination of the gift.                                   |
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20|    3.  Information submitted pursuant to paragraph 1 of this          |
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21|subsection shall be forwarded to the Office of Management and          |
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22|Enterprise Services (OMES), which shall maintain a public web portal   |
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23|to disclose information on past gifts from countries of concern.       |
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24|                                                                       |
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 1|    4.  Upon a request from the Governor, the President Pro Tempore    |
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 2|of the Senate, or the Speaker of the House of Representatives, the     |
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 3|State Auditor and Inspector shall inspect or audit a past gift or      |
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 4|gift agreement.                                                        |
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 5|    B.  1.  Any public school or institution of higher education       |
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 6|that has been offered directly or indirectly any gift with any value   |
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 7|from a foreign source from a country of concern after the effective    |
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 8|date of this act shall disclose such gift in the following manner:     |
  |                                                                       |
 9|         a.    public schools shall disclose such gifts to the State   |
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10|              Board of Education and the State Department of           |
  |                                                                       |
11|              Education before accepting such gifts, and               |
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12|         b.    institutions of higher education shall disclose such    |
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13|              gifts to the Oklahoma State Regents for Higher           |
  |                                                                       |
14|              Education before accepting such gifts.                   |
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15|    2.  Unless otherwise prohibited or deemed confidential under       |
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16|state or federal law, disclosure required by this subsection shall     |
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17|include the date the gift was offered; the amount of the gift; the     |
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18|purpose of the gift; the identification of the persons the gift was    |
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19|explicitly intended to benefit; any applicable conditions,             |
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20|requirements, restrictions, or terms made part of the gift; the name   |
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21|and country of residence or domicile of the foreign source; the name   |
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22|and mailing address of the disclosing entity; and, as applicable,      |
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23|the date of termination of the gift.                                   |
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24|                                                                       |
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 1|    3.  Information submitted pursuant to paragraph 1 of this          |
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 2|subsection shall be forwarded to OMES.  Within thirty (30) days of     |
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 3|receiving the disclosure of an offered gift, OMES shall issue a        |
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 4|final decision to the public school or institution of higher           |
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 5|education on whether and under what conditions the public school or    |
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 6|institution of higher education may accept the gift.  OMES shall:      |
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 7|         a.    develop disclosure forms, rules, and procedures for     |
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 8|              deciding whether to allow a public school or             |
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 9|              institution of higher education to accept gifts from     |
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10|              countries of concern, and                                |
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11|         b.    maintain a public web portal disclosing proposed        |
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12|              gifts from countries of concern with the final           |
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13|              decision from OMES on whether to allow the public        |
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14|              school or institution of higher education to accept      |
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15|              the gift.                                                |
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16|    4.  For the purposes of this section, a gift received by a         |
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17|public school or institution of higher education from a foreign        |
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18|source through an intermediary shall be considered an indirect gift    |
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19|and shall be subject to the approval process provided for in this      |
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20|subsection.                                                            |
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21|    5.  Upon the request of the Governor, the President Pro Tempore    |
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22|of the Senate, or the Speaker of the House of Representatives, the     |
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23|State Auditor and Inspector shall inspect or audit a gift or gift      |
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24|agreement.                                                             |
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 1|    SECTION 3.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 2|in the Oklahoma Statutes as Section 24-164 of Title 70, unless there   |
  |                                                                       |
 3|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
 4|    A.  A public school or institution of higher education that has    |
  |                                                                       |
 5|entered directly or indirectly into any contract with any value from   |
  |                                                                       |
 6|any foreign source from a country of concern after December 31,        |
  |                                                                       |
 7|2013, shall disclose such contracts in the following manner:           |
  |                                                                       |
 8|    1.  Public schools shall disclose such contracts to the State      |
  |                                                                       |
 9|Board of Education and the State Department of Education within        |
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10|sixty (60) days after the effective date of this act; and              |
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11|    2.  Institutions of higher education shall disclose such           |
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12|contracts to the Oklahoma State Regents for Higher Education within    |
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13|sixty (60) days after the effective date of this act.                  |
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14|    B.  Unless otherwise prohibited or deemed confidential under       |
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15|state or federal law, disclosure required by subsection A of this      |
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16|section shall include the date of the contract; the amount of the      |
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17|contract; the purpose of the contract; the identification of the       |
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18|persons the contract was explicitly intended to benefit; any           |
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19|applicable conditions, requirements, restrictions, or terms made       |
  |                                                                       |
20|part of the contract; a copy of the contract; the name and country     |
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21|of residence or domicile of the foreign source; the name and mailing   |
  |                                                                       |
22|address of the disclosing entity; and, as applicable, the date of      |
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23|termination of the contract.                                           |
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24|                                                                       |
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 1|    C.  For the purposes of this section, a contract entered into      |
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 2|with a foreign source through an intermediary or affiliate             |
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 3|organization shall be considered an indirect contract to the public    |
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 4|school or institution of higher education and shall be subject to      |
  |                                                                       |
 5|the disclosure process provided for in this section.                   |
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 6|    D.  Information submitted pursuant to subsection A of this         |
  |                                                                       |
 7|section shall be forwarded to the Office of Management and             |
  |                                                                       |
 8|Enterprise Services (OMES), which shall maintain a public web portal   |
  |                                                                       |
 9|to disclose information on past proposed and entered into contracts    |
  |                                                                       |
10|with countries of concern.                                             |
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11|    E.  Upon the request of the Governor, the President Pro Tempore    |
  |                                                                       |
12|of the Senate, or the Speaker of the House of Representatives, the     |
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13|State Auditor and Inspector shall inspect or audit a past contract.    |
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14|    F.  Any public school or institution of higher education that      |
  |                                                                       |
15|has been offered or has proposed directly or indirectly any contract   |
  |                                                                       |
16|with any value from or with a foreign source from a country of         |
  |                                                                       |
17|concern after the effective date of this act shall disclose such       |
  |                                                                       |
18|proposed contract in the following manner:                             |
  |                                                                       |
19|    1.  Public schools shall disclose such contract to the State       |
  |                                                                       |
20|Board of Education and the State Department of Education before        |
  |                                                                       |
21|entering into such contract; and                                       |
  |                                                                       |
22|    2.  Institutions of higher education shall disclose such           |
  |                                                                       |
23|contract to the State Regents.                                         |
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24|                                                                       |
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 1|    G.  Unless otherwise prohibited or deemed confidential under       |
  |                                                                       |
 2|state or federal law, disclosure required by subsection F of this      |
  |                                                                       |
 3|section shall include the date of the contract; the amount of the      |
  |                                                                       |
 4|contract; the purpose of the contract; the identification of the       |
  |                                                                       |
 5|persons the contract was explicitly intended to benefit; any           |
  |                                                                       |
 6|applicable conditions, requirements, restrictions, or terms made       |
  |                                                                       |
 7|part of the contract; a copy of the contract; the name and country     |
  |                                                                       |
 8|of residence or domicile of the foreign source; the name and mailing   |
  |                                                                       |
 9|address of the disclosing entity; and, as applicable, the date of      |
  |                                                                       |
10|termination of the contract.                                           |
  |                                                                       |
11|    H.  Information submitted pursuant to subsection F of this         |
  |                                                                       |
12|section shall be forwarded to OMES.  Within thirty (30) days of        |
  |                                                                       |
13|receiving the disclosure of the offered or proposed contract, OMES     |
  |                                                                       |
14|shall issue a final decision to the public school or institution of    |
  |                                                                       |
15|higher education on whether and under what conditions the public       |
  |                                                                       |
16|school or institution of higher education may enter into the           |
  |                                                                       |
17|contract.  OMES shall:                                                 |
  |                                                                       |
18|    1.  Develop disclosure forms, rules, and procedures for deciding   |
  |                                                                       |
19|whether to allow a public school or an institution of higher           |
  |                                                                       |
20|education to enter into a contract with a country of concern; and      |
  |                                                                       |
21|    2.  Maintain a public web portal disclosing proposed or offered    |
  |                                                                       |
22|contracts with countries of concern with the final decision from       |
  |                                                                       |
23|OMES on whether to allow the public school or institution of higher    |
  |                                                                       |
24|education to enter into the contract.                                  |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 13
___________________________________________________________________________

 1|    I.  For the purposes of this section, a contract proposed from a   |
  |                                                                       |
 2|foreign source through an intermediary or affiliate organization       |
  |                                                                       |
 3|shall be considered an indirect contract with the public school or     |
  |                                                                       |
 4|institution of higher education and shall be subject to the approval   |
  |                                                                       |
 5|process provided for in subsection H of this section.                  |
  |                                                                       |
 6|    J.  Upon the request of the Governor, the President Pro Tempore    |
  |                                                                       |
 7|of the Senate, or the Speaker of the House of Representatives, the     |
  |                                                                       |
 8|State Auditor and Inspector shall inspect or audit a contract          |
  |                                                                       |
 9|entered into pursuant to this section.                                 |
  |                                                                       |
10|    SECTION 4.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
11|in the Oklahoma Statutes as Section 24-165 of Title 70, unless there   |
  |                                                                       |
12|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
13|    A.  A public school or institution of higher education that        |
  |                                                                       |
14|knowingly, willfully, or negligently fails to disclose the             |
  |                                                                       |
15|information required by the Research and Education Protection Act of   |
  |                                                                       |
16|2024 shall be subject to a civil penalty of one hundred and five       |
  |                                                                       |
17|percent (105%) of the amount of the undisclosed gift or contract,      |
  |                                                                       |
18|payable only from non-state funds.  The recovered funds shall be       |
  |                                                                       |
19|deposited into the General Revenue Fund.  The State Board of           |
  |                                                                       |
20|Education or the Oklahoma State Regents for Higher Education may       |
  |                                                                       |
21|administratively enforce the penalty provided for in this section as   |
  |                                                                       |
22|an administrative penalty.                                             |
  |                                                                       |
23|    B.  In the absence of enforcement by the State Board of            |
  |                                                                       |
24|Education or the State Regents, the Attorney General or the Office     |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 14
___________________________________________________________________________

 1|of the State Treasurer may bring a civil action to enforce the         |
  |                                                                       |
 2|provisions of the Research and Education Protection Act of 2024.  If   |
  |                                                                       |
 3|such action is successful, the Attorney General or the Office of the   |
  |                                                                       |
 4|State Treasurer shall be entitled to reasonable attorney fees and      |
  |                                                                       |
 5|costs.                                                                 |
  |                                                                       |
 6|    C.  An employee of a public school or an institution of higher     |
  |                                                                       |
 7|education who in good faith reports an undisclosed foreign gift or     |
  |                                                                       |
 8|contract to the Attorney General or the Office of the State            |
  |                                                                       |
 9|Treasurer shall be immune from employment discipline or civil          |
  |                                                                       |
10|liability.  The reporting employee shall be entitled to receive a      |
  |                                                                       |
11|reward in the amount of twenty-five percent (25%) of any penalty       |
  |                                                                       |
12|recovered by the State Board of Education, the State Regents, the      |
  |                                                                       |
13|Attorney General, or the Office of the State Treasurer.                |
  |                                                                       |
14|    D.  Information reported pursuant to Sections 2 and 3 of this      |
  |                                                                       |
15|act shall not be deemed confidential except as provided for in the     |
  |                                                                       |
16|Oklahoma Open Records Act.                                             |
  |                                                                       |
17|    E.  The State Board of Education and the State Regents may         |
  |                                                                       |
18|promulgate rules to implement the provisions of this section.          |
  |                                                                       |
19|    SECTION 5.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
20|in the Oklahoma Statutes as Section 24-166 of Title 70, unless there   |
  |                                                                       |
21|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
22|    A.  A public school or institution of higher education shall not   |
  |                                                                       |
23|participate in any cultural exchange agreement with a foreign source   |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 15
___________________________________________________________________________

 1|from a country of concern, or any entity controlled by a country of    |
  |                                                                       |
 2|concern, which:                                                        |
  |                                                                       |
 3|    1.  Constrains the freedom of contract of such public school or    |
  |                                                                       |
 4|institution of higher education;                                       |
  |                                                                       |
 5|    2.  Allows the curricula or values of a program in this state to   |
  |                                                                       |
 6|be directed, controlled, or influenced by a country of concern; or     |
  |                                                                       |
 7|    3.  Promotes an agenda detrimental to the safety or security of    |
  |                                                                       |
 8|this state, its residents, or the United States.                       |
  |                                                                       |
 9|    B.  Prior to the execution of a cultural exchange agreement with   |
  |                                                                       |
10|a foreign source from a country of concern, the substance of the       |
  |                                                                       |
11|agreement shall be shared with:                                        |
  |                                                                       |
12|    1.  Federal agencies concerned with protecting national security   |
  |                                                                       |
13|or enforcing trade sanctions, embargoes, or other restrictions under   |
  |                                                                       |
14|federal law.  If any federal agency provides information suggesting    |
  |                                                                       |
15|that such an agreement promotes an agenda detrimental to the safety    |
  |                                                                       |
16|or security of this state, the United States, or its residents, the    |
  |                                                                       |
17|public school or institution of higher education may not enter into    |
  |                                                                       |
18|the agreement; and                                                     |
  |                                                                       |
19|    2.  The Office of Management and Enterprise Services (OMES).  If   |
  |                                                                       |
20|OMES provides information suggesting that such an agreement promotes   |
  |                                                                       |
21|an agenda detrimental to the safety or security of this state, the     |
  |                                                                       |
22|United States, or its residents, the public school or institution of   |
  |                                                                       |
23|higher education may not enter into the agreement.                     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 16
___________________________________________________________________________

 1|    C.  By July 1, 2025, and by each July 1 thereafter, each public    |
  |                                                                       |
 2|school shall submit the information required by subsection B of this   |
  |                                                                       |
 3|section to the State Board of Education, and each institution of       |
  |                                                                       |
 4|higher education shall submit the information required by subsection   |
  |                                                                       |
 5|B of this section to the Oklahoma State Regents for Higher             |
  |                                                                       |
 6|Education.                                                             |
  |                                                                       |
 7|    D.  By December 1, 2025, and each December 1 thereafter, the       |
  |                                                                       |
 8|State Regents and the State Board of Education shall each              |
  |                                                                       |
 9|electronically submit a report to the Governor, the President Pro      |
  |                                                                       |
10|Tempore of the Senate, and the Speaker of the House of                 |
  |                                                                       |
11|Representatives relating to partnerships and agreements of             |
  |                                                                       |
12|institutions of higher education and public schools, respectively,     |
  |                                                                       |
13|made with educational institutions or other institutions based in      |
  |                                                                       |
14|countries of concern.  The report shall include at a minimum the       |
  |                                                                       |
15|following information for the previous fiscal year:                    |
  |                                                                       |
16|    1.  Data reflecting any grant program, agreement, partnership,     |
  |                                                                       |
17|or contract between an institution of higher education and any         |
  |                                                                       |
18|college, university, or entity that is based in or controlled by a     |
  |                                                                       |
19|country of concern or between a public school and any private or       |
  |                                                                       |
20|public school that is based in or controlled by a country of           |
  |                                                                       |
21|concern;                                                               |
  |                                                                       |
22|    2.  Data reflecting any office, campus, or physical location       |
  |                                                                       |
23|used or maintained by an institution of higher education in a          |
  |                                                                       |
24|country of concern; and                                                |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 17
___________________________________________________________________________

 1|    3.  The date on which any such grant program, agreement,           |
  |                                                                       |
 2|partnership, or contract reported pursuant to paragraph 1 of this      |
  |                                                                       |
 3|subsection is expected to terminate.                                   |
  |                                                                       |
 4|    E.  1.  No students' or scholars' association affiliated with      |
  |                                                                       |
 5|any public school or institution of higher education may accept any    |
  |                                                                       |
 6|gift or grant from a foreign source in a country of concern or enter   |
  |                                                                       |
 7|into any contract or agreement with a foreign source in a country of   |
  |                                                                       |
 8|concern.  For the purposes of this subsection, member dues or fees     |
  |                                                                       |
 9|shall not be considered a gift or grant from a foreign source in a     |
  |                                                                       |
10|country of concern.                                                    |
  |                                                                       |
11|    2.  A violation of the provisions of paragraph 1 of this           |
  |                                                                       |
12|subsection shall result in the public school or institution of         |
  |                                                                       |
13|higher education ending any affiliation with the students' or          |
  |                                                                       |
14|scholars' association.                                                 |
  |                                                                       |
15|    F.  Each public school or institution of higher education that     |
  |                                                                       |
16|has established or will establish an exchange program or               |
  |                                                                       |
17|international cultural agreement concerning the Mandarin dialect of    |
  |                                                                       |
18|the Chinese language or culture shall adopt a policy of prioritizing   |
  |                                                                       |
19|partnerships with foreign sources from the Republic of China over      |
  |                                                                       |
20|partnerships with foreign sources from the People's Republic of        |
  |                                                                       |
21|China.                                                                 |
  |                                                                       |
22|    G.  The State Board of Education and the State Regents may adopt   |
  |                                                                       |
23|regulations and rules to implement the provisions of this section.     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 18
___________________________________________________________________________

 1|    SECTION 6.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 2|in the Oklahoma Statutes as Section 24-167 of Title 70, unless there   |
  |                                                                       |
 3|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
 4|    A.  Each institution of higher education or affiliate thereof      |
  |                                                                       |
 5|that has a research budget of Ten Million Dollars ($10,000,000.00)     |
  |                                                                       |
 6|or more shall screen:                                                  |
  |                                                                       |
 7|    1.  Applicants seeking employment in research or                   |
  |                                                                       |
 8|research-related support positions;                                    |
  |                                                                       |
 9|    2.  Graduate and undergraduate students applying for research or   |
  |                                                                       |
10|research-related support positions; and                                |
  |                                                                       |
11|    3.  Applicants for positions of visiting researcher who are:       |
  |                                                                       |
12|         a.    citizens of a foreign country and who are not           |
  |                                                                       |
13|              permanent residents of the United States, or             |
  |                                                                       |
14|         b.    citizens and permanent residents of the United States   |
  |                                                                       |
15|              who have any affiliation with an institution or          |
  |                                                                       |
16|              program or at least one year of prior employment or      |
  |                                                                       |
17|              training in a country of concern, with the exception     |
  |                                                                       |
18|              of employment or training by an agency of the United     |
  |                                                                       |
19|              States government.                                       |
  |                                                                       |
20|    Screening required by this subsection shall be required prior to   |
  |                                                                       |
21|interviewing such applicants or offering an applicant a position of    |
  |                                                                       |
22|employment or of visiting researcher.  An institution of higher        |
  |                                                                       |
23|education may screen other applicants for such positions.              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 19
___________________________________________________________________________

 1|    B.  In addition to satisfying all employment and enrollment        |
  |                                                                       |
 2|qualifications imposed by federal law, the governing board of          |
  |                                                                       |
 3|regents for each institution of higher education shall:                |
  |                                                                       |
 4|    1.  Require a foreign applicant to submit a complete copy of his   |
  |                                                                       |
 5|or her passport and most recently submitted Online Nonimmigrant Visa   |
  |                                                                       |
 6|Application, DS-160.  After extraction and submission of all           |
  |                                                                       |
 7|information relevant to the requirements of this section, an           |
  |                                                                       |
 8|institution of higher education may destroy or return the copy of      |
  |                                                                       |
 9|the DS-160;                                                            |
  |                                                                       |
10|    2.  Require all individuals described in subsection A of this      |
  |                                                                       |
11|section to submit:                                                     |
  |                                                                       |
12|         a.    a complete resume and curriculum vitae including        |
  |                                                                       |
13|              every institution of higher education attended,          |
  |                                                                       |
14|         b.    all previous employment since the applicant reached     |
  |                                                                       |
15|              the age of eighteen,                                     |
  |                                                                       |
16|         c.    a list of all published material for which the          |
  |                                                                       |
17|              applicant received credit as an author, a researcher,    |
  |                                                                       |
18|              or otherwise to which the applicant contributed          |
  |                                                                       |
19|              significant research, writing, or editorial support,     |
  |                                                                       |
20|         d.    a list of the applicant's current and pending           |
  |                                                                       |
21|              research funding from any source including the source    |
  |                                                                       |
22|              of funds, the amount, the applicant's role on the        |
  |                                                                       |
23|              project, and a brief description of the research, and    |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 20
___________________________________________________________________________

 1|         e.    a full disclosure of non-institution of higher          |
  |                                                                       |
 2|              education professional activities including any          |
  |                                                                       |
 3|              affiliation with an institution of higher education or   |
  |                                                                       |
 4|              program in a country of concern; and                     |
  |                                                                       |
 5|    3.  An institution of higher education may require individuals     |
  |                                                                       |
 6|described in subsection A of this section who have been continually    |
  |                                                                       |
 7|employed or enrolled in an institution of higher education in the      |
  |                                                                       |
 8|United States for twenty (20) years or more to submit employment       |
  |                                                                       |
 9|history prior to the most recent twenty (20) years.                    |
  |                                                                       |
10|    C.  The president of each institution of higher education or       |
  |                                                                       |
11|affiliate thereof shall designate a research integrity office to       |
  |                                                                       |
12|review all materials submitted pursuant to subsection B of this        |
  |                                                                       |
13|section and take reasonable steps to verify all attendance,            |
  |                                                                       |
14|employment, publications, and contributions included in the            |
  |                                                                       |
15|submitted materials.  Reasonable steps shall include but not be        |
  |                                                                       |
16|limited to searching public databases for research publications,       |
  |                                                                       |
17|presentations, and public conflict of interest records to identify     |
  |                                                                       |
18|any research publication or presentation that may have been omitted    |
  |                                                                       |
19|from the materials submitted pursuant to subsection B of this          |
  |                                                                       |
20|section; contacting all employers of the most recent ten (10) years    |
  |                                                                       |
21|to verify employment; contacting all institutions of higher            |
  |                                                                       |
22|education attended to verify enrollment and educational progress;      |
  |                                                                       |
23|searching public listings of persons subject to sanctions or           |
  |                                                                       |
24|restrictions under federal law; submitting the applicant's name and    |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 21
___________________________________________________________________________

 1|other identifying information to the Federal Bureau of Investigation   |
  |                                                                       |
 2|or any federal agency reasonably willing to scrutinize such            |
  |                                                                       |
 3|applicant for national security or counterespionage purposes; and      |
  |                                                                       |
 4|any other steps deemed appropriate.  The institution of higher         |
  |                                                                       |
 5|education or affiliate thereof may also direct the research            |
  |                                                                       |
 6|integrity office to approve applicants for hire based on a             |
  |                                                                       |
 7|risk-based determination considering the nature of the research and    |
  |                                                                       |
 8|background and ongoing affiliations of the applicant.                  |
  |                                                                       |
 9|    D.  The provisions of this section shall be completed before an    |
  |                                                                       |
10|institution of higher education or an affiliate thereof interviews     |
  |                                                                       |
11|or offers a position to an individual described in subsection A of     |
  |                                                                       |
12|this section in any research or research-related support position      |
  |                                                                       |
13|and before granting such individual any access to research data or     |
  |                                                                       |
14|activities or other sensitive data.  An individual described in        |
  |                                                                       |
15|subsection A of this section may not be employed in any research or    |
  |                                                                       |
16|research-related support position if he or she fails to disclose a     |
  |                                                                       |
17|substantial educational, employment, or research-related activity,     |
  |                                                                       |
18|publication, or presentation at the time of submitting materials       |
  |                                                                       |
19|required by subsection B of this section unless an institution of      |
  |                                                                       |
20|higher education department head or his or her designee certifies in   |
  |                                                                       |
21|writing the substance of the nondisclosure and the reasons for         |
  |                                                                       |
22|disregarding such failure to disclose.  A copy of such certification   |
  |                                                                       |
23|shall be kept in the investigative file of the research integrity      |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 22
___________________________________________________________________________

 1|office and shall be submitted to the nearest Federal Bureau of         |
  |                                                                       |
 2|Investigation field office.                                            |
  |                                                                       |
 3|    E.  An institution of higher education's research integrity        |
  |                                                                       |
 4|office designated pursuant to subsection C of this section shall       |
  |                                                                       |
 5|report to the nearest Federal Bureau of Investigation field office,    |
  |                                                                       |
 6|any law enforcement agency designated by the Governor, and the board   |
  |                                                                       |
 7|of regents of the institution of higher education or affiliate         |
  |                                                                       |
 8|thereof the identity of the individual who was rejected for            |
  |                                                                       |
 9|employment based on the scrutiny required by this section or other     |
  |                                                                       |
10|risk-based screening.                                                  |
  |                                                                       |
11|    F.  Each institution of higher education shall adopt a policy of   |
  |                                                                       |
12|prioritizing foreign researchers from allied nations and joint         |
  |                                                                       |
13|research projects with allied nations in the following order of        |
  |                                                                       |
14|prioritization:                                                        |
  |                                                                       |
15|    1.  Members of the Five Eyes Intelligence Oversight and Review     |
  |                                                                       |
16|Council;                                                               |
  |                                                                       |
17|    2.  Current signatories of the North Atlantic Treaty;              |
  |                                                                       |
18|    3.  The State of Israel, the Republic of China, the People's       |
  |                                                                       |
19|Republic of Korea, Japan, the Philippines, and the Republic of         |
  |                                                                       |
20|India; and                                                             |
  |                                                                       |
21|    4.  All other countries including remaining nations designated     |
  |                                                                       |
22|as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the   |
  |                                                                       |
23|United States Department of State and remaining allied countries.      |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 23
___________________________________________________________________________

 1|    G.  By July 1, 2025, each institution of higher education or       |
  |                                                                       |
 2|affiliate thereof that has a research budget of Ten Million Dollars    |
  |                                                                       |
 3|($10,000,000.00) or more shall establish an international travel       |
  |                                                                       |
 4|approval and monitoring program.  The program shall require            |
  |                                                                       |
 5|preapproval and screening by an institution of higher education's      |
  |                                                                       |
 6|research integrity office designated pursuant to subsection C of       |
  |                                                                       |
 7|this section, in addition to any other travel approval process         |
  |                                                                       |
 8|requirements applicable to the institution of higher education.        |
  |                                                                       |
 9|    H.  1.  Preapproval by an institution of higher education's        |
  |                                                                       |
10|research integrity office shall be based on the applicant's review     |
  |                                                                       |
11|and acknowledgement of guidance published by the employing             |
  |                                                                       |
12|institution of higher education or affiliate thereof which relates     |
  |                                                                       |
13|to countries of concern, countries under sanction, or other            |
  |                                                                       |
14|restrictions or designations imposed by this state or the United       |
  |                                                                       |
15|States government including any federal licensing requirements;        |
  |                                                                       |
16|customs rules; export controls; restrictions on taking institutional   |
  |                                                                       |
17|property including intellectual property abroad; restrictions on       |
  |                                                                       |
18|presentations, teaching, and interactions with foreign colleagues;     |
  |                                                                       |
19|and other subjects important to the research and academic integrity    |
  |                                                                       |
20|of the institution of higher education.                                |
  |                                                                       |
21|    2.  Preapproval by an institution of higher education's research   |
  |                                                                       |
22|integrity office shall be based on the binding commitment of the       |
  |                                                                       |
23|individual traveler not to violate the institution of higher           |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 24
___________________________________________________________________________

 1|education's limitations on travel and activities abroad and to obey    |
  |                                                                       |
 2|all applicable federal laws.                                           |
  |                                                                       |
 3|    I.  The institution of higher education or affiliate thereof       |
  |                                                                       |
 4|shall maintain records of all foreign travel requests and approvals;   |
  |                                                                       |
 5|expenses reimbursed by the institution of higher education or          |
  |                                                                       |
 6|affiliate thereof during such travel including travel, food, and       |
  |                                                                       |
 7|lodging; and payments and honoraria received during such travel and    |
  |                                                                       |
 8|activities including for travel, food, and lodging.  The institution   |
  |                                                                       |
 9|of higher education shall retain the records for at least three (3)    |
  |                                                                       |
10|years or any longer period of time required by any applicable state    |
  |                                                                       |
11|or federal law.                                                        |
  |                                                                       |
12|    J.  The institution of higher education or affiliate thereof       |
  |                                                                       |
13|shall provide an annual report of foreign travel to countries of       |
  |                                                                       |
14|concerns listing individual travelers, foreign locations visited,      |
  |                                                                       |
15|and foreign institutions visited to its board of regents.              |
  |                                                                       |
16|    K.  By July 1, 2025, the State Auditor and Inspector shall         |
  |                                                                       |
17|perform an operational audit regarding implementation of the           |
  |                                                                       |
18|provisions of this section.                                            |
  |                                                                       |
19|    SECTION 7.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
20|in the Oklahoma Statutes as Section 24-168 of Title 70, unless there   |
  |                                                                       |
21|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
22|    A.  Subject to the approval of its board of regents, an            |
  |                                                                       |
23|institution of higher education shall only enter into a new or renew   |
  |                                                                       |
24|an existing academic partnership with an academic or research          |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 25
___________________________________________________________________________

 1|institution located in a country of concern if the institution of      |
  |                                                                       |
 2|higher education maintains sufficient structural safeguards to         |
  |                                                                       |
 3|protect its intellectual property, the security of this state, and     |
  |                                                                       |
 4|the national security interests of the United States.  A board of      |
  |                                                                       |
 5|regents shall only approve an institution of higher education's        |
  |                                                                       |
 6|partnership if the board, in consultation with the Office of the       |
  |                                                                       |
 7|Attorney General, determines the partnership meets the following       |
  |                                                                       |
 8|safeguard requirements:                                                |
  |                                                                       |
 9|    1.  Compliance with all federal requirements including the         |
  |                                                                       |
10|requirements of federal research sponsors and federal export control   |
  |                                                                       |
11|agencies, regulations regarding international traffic in arms and      |
  |                                                                       |
12|export administration, and economic and trade sanctions administered   |
  |                                                                       |
13|by the federal Office of Foreign Assets Control of the United States   |
  |                                                                       |
14|Department of the Treasury;                                            |
  |                                                                       |
15|    2.  Annual formal institution-level programs for faculty on        |
  |                                                                       |
16|conflicts of interest and conflicts of commitment; and                 |
  |                                                                       |
17|    3.  A formalized foreign visitor process and uniform visiting      |
  |                                                                       |
18|scholar agreement.                                                     |
  |                                                                       |
19|    B.  The board of regents of an institution of higher education,    |
  |                                                                       |
20|in consultation with the Office of the Attorney General, shall have    |
  |                                                                       |
21|full discretion to reject or terminate any research partnership        |
  |                                                                       |
22|between the institution and an academic or research institution        |
  |                                                                       |
23|located in a country of concern at any time and for any purpose.       |
  |                                                                       |
24|                                                                       |
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arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 26
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 1|    SECTION 8.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
 2|in the Oklahoma Statutes as Section 24-169 of Title 70, unless there   |
  |                                                                       |
 3|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
 4|    A.  No later than ninety (90) days after the effective date of     |
  |                                                                       |
 5|this act, the Governor shall appoint one qualified person who shall    |
  |                                                                       |
 6|be responsible for the "Report on Foreign Influence in Higher          |
  |                                                                       |
 7|Education".  The report shall be electronically submitted to the       |
  |                                                                       |
 8|Governor, the President Pro Tempore of the Senate, and the Speaker     |
  |                                                                       |
 9|of the House of Representatives and shall be published semi-annually   |
  |                                                                       |
10|on a state website.                                                    |
  |                                                                       |
11|    B.  The Report on Foreign Influence in Higher Education:           |
  |                                                                       |
12|    1.  Shall investigate and provide oversight of all attempted       |
  |                                                                       |
13|foreign influence operations in higher education in this state; and    |
  |                                                                       |
14|    2.  May include a synthesis of reports from the federal            |
  |                                                                       |
15|government and state agencies, new findings and ongoing                |
  |                                                                       |
16|investigations, and recommendations for limiting exposure to foreign   |
  |                                                                       |
17|influence.                                                             |
  |                                                                       |
18|    SECTION 9.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
19|in the Oklahoma Statutes as Section 24-170 of Title 70, unless there   |
  |                                                                       |
20|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
21|    The provisions of the Research and Education Protection Act of     |
  |                                                                       |
22|2024 are severable and if any part or provision shall be held void,    |
  |                                                                       |
23|the decision of the court so holding shall not affect or impair any    |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 27
___________________________________________________________________________

 1|of the remaining parts or provisions of the Research and Education     |
  |                                                                       |
 2|Protection Act of 2024.                                                |
  |                                                                       |
 3|    SECTION 10.  This act shall become effective July 1, 2024.         |
  |                                                                       |
 4|    SECTION 11.  It being immediately necessary for the preservation   |
  |                                                                       |
 5|of the public peace, health, or safety, an emergency is hereby         |
  |                                                                       |
 6|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
 7|be in full force from and after its passage and approval.              |
  |                                                                       |
 8|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 9, 2024 - DO PASS AS AMENDED BY CS                               |
 9|                                                                       |
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10|                                                                       |
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11|                                                                       |
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12|                                                                       |
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13|                                                                       |
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14|                                                                       |
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15|                                                                       |
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16|                                                                       |
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17|                                                                       |
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18|                                                                       |
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19|                                                                       |
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20|                                                                       |
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21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR                    Page 28
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