1| SENATE FLOOR VERSION | | April 9, 2024 | 2| | | | 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 | | | 8| | | | 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 | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 1 ___________________________________________________________________________
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; | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 2 ___________________________________________________________________________
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. | | | 7| | | | 8| | | | 9|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 10| SECTION 1. NEW LAW A new section of law to be codified | | | 11|in the Oklahoma Statutes as Section 24-162 of Title 70, unless there | | | 12|is created a duplication in numbering, reads as follows: | | | 13| A. This act shall be known and may be cited as the "Research | | | 14|and Education Protection Act of 2024". The purpose of the act is to | | | 15|protect research and educational system operations in this state | | | 16|from malicious influence from foreign countries of concern. | | | 17| B. As used in this act: | | | 18| 1. "Affiliate organization" means any entity under the control | | | 19|of or established for the benefit of an organization required to | | | 20|report pursuant to this section including a direct-support | | | 21|organization; | | | 22| 2. "Agreement" means a written or spoken statement of mutual | | | 23|interest in cultural exchange or academic or research collaboration; | | | 24| 3. "Allied countries" means: | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 3 ___________________________________________________________________________
1| a. nations currently party to any bilateral mutual | | | 2| defense treaties including the North Atlantic Treaty, | | | 3| the Agreement between the United States and Australia | | | 4| and New Zealand, the Philippine Treaty, the Southeast | | | 5| Asia Treaty, the Japanese Treaty, the Republic of | | | 6| Korea Treaty, or the Rio Treaty, | | | 7| b. any nation currently designated as a Major Non-North | | | 8| Atlantic Treaty Organization (NATO) Ally by the United | | | 9| States Department of State, or | | | 10| c. the Republic of China; | | | 11| 4. "Contract" means any agreement for the acquisition by | | | 12|purchase, lease, or barter of property or services for the direct | | | 13|benefit or use of either of the parties; | | | 14| 5. "Country of concern" means the People's Republic of China, | | | 15|the Russian Federation, the Islamic Republic of Iran, the Democratic | | | 16|People's Republic of Korea, the State of Qatar, the Republic of | | | 17|Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab | | | 18|Republic, or any foreign terrorist organization designated by the | | | 19|United States Secretary of State in accordance with the Immigration | | | 20|and Naturalization Act, as amended, including any agent of or any | | | 21|other entity under significant control of such foreign country of | | | 22|concern or any other entity deemed by the Governor in consultation | | | 23|with the Oklahoma Office of Homeland Security; | | | 24| | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 4 ___________________________________________________________________________
1| 6. "Direct-support organization" means an organization that is | | | 2|organized and operated to receive, hold, invest, and administer | | | 3|property and to make expenditures to or for the benefit of an | | | 4|institution of higher education or for the benefit of a research and | | | 5|development park or research and development authority affiliated | | | 6|with an institution of higher education; | | | 7| 7. "Foreign government" means the government of any country, | | | 8|nation, group of nations, or any province or political subdivision | | | 9|of any country, nation, or group of nations other than the | | | 10|government of the United States including any agent of such foreign | | | 11|government; | | | 12| 8. "Foreign source" means: | | | 13| a. a foreign government or an agency of a foreign | | | 14| government, | | | 15| b. a legal entity, governmental or otherwise, created | | | 16| solely under the laws of a foreign state or states, | | | 17| c. an individual who is not a citizen or a national of | | | 18| the United States or a territory or protectorate of | | | 19| the United States, | | | 20| d. a partnership, association, corporation, | | | 21| organization, or any other combination of persons | | | 22| organized under the laws of or having its principal | | | 23| place of business in a country of concern of | | | 24| subsidiary of such entity, | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 5 ___________________________________________________________________________
1| e. an agent including a subsidiary or an affiliate of a | | | 2| foreign legal entity acting on behalf of a foreign | | | 3| source, | | | 4| f. a political party or a member of a political party. | | | 5| For the purposes of this subparagraph, the term | | | 6| "political party" means an organization or combination | | | 7| of individuals whose aim or purpose is, or who is | | | 8| engaged in any activity devoted in whole or in part | | | 9| to, the establishment, administration, control, or | | | 10| acquisition of administration or control of a | | | 11| government of a country of concern or a subdivision | | | 12| thereof or the furtherance or influencing of the | | | 13| political or public interest, policies, or relations | | | 14| of a government of a country of concern or subdivision | | | 15| thereof, or | | | 16| g. a program operated for the benefit of a government or | | | 17| political party of a country of concern including, but | | | 18| not limited to, the Thousand Talents Program, any | | | 19| program affiliated with United Front operations, or | | | 20| any program affiliated with a country of concern's | | | 21| ministry of education; | | | 22| 9. "Gift" means any gift, grant, endowment, award, or donation | | | 23|of money or property of any kind, or any combination thereof, | | | 24|including a conditional or unconditional pledge of such gift, | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 6 ___________________________________________________________________________
1|endowment, award, or donation. For the purposes of this paragraph, | | | 2|pledge means a promise, an agreement, or an expressed intention to | | | 3|give a gift, and grant means a transfer of money for a specified | | | 4|purpose including a conditional gift; | | | 5| 10. "Institution of higher education" means an institution of | | | 6|higher education within The Oklahoma State System of Higher | | | 7|Education or a private institution of higher learning located within | | | 8|this state and accredited pursuant to Section 4103 of Title 70 of | | | 9|the Oklahoma Statutes; | | | 10| 11. "Interest" in an entity means any direct or indirect | | | 11|investment in or loan to an entity valued at five percent (5%) or | | | 12|more of the entity's net worth or any form of direct or indirect | | | 13|control exerting similar or greater influence on the governance of | | | 14|the entity; | | | 15| 12. "Partnership" means a faculty or student exchange program, | | | 16|a study abroad program, a matriculation program, a recruiting | | | 17|program, or a dual degree program; and | | | 18| 13. "Public school" means a public school district, public | | | 19|charter school, or public statewide virtual charter school. | | | 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 | | | 22|is created a duplication in numbering, reads as follows: | | | 23| A. 1. Any public school or institution of higher education | | | 24|that has received directly or indirectly any gift with any value | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 7 ___________________________________________________________________________
1|from any foreign source from a country of concern after December 31, | | | 2|2013, shall disclose such gifts in the following manner: | | | 3| a. public schools shall disclose such gifts to the State | | | 4| Board of Education and the State Department of | | | 5| Education within sixty (60) days after the effective | | | 6| date of this act, and | | | 7| b. institutions of higher education shall disclose such | | | 8| gifts to the Oklahoma State Regents for Higher | | | 9| Education within sixty (60) days after the effective | | | 10| date of this act. | | | 11| 2. Unless otherwise prohibited or deemed confidential under | | | 12|state or federal law, disclosure required by this subsection shall | | | 13|include the date the gift was received; the amount of the gift; the | | | 14|purpose of the gift; the identification of the persons the gift was | | | 15|explicitly intended to benefit; any applicable conditions, | | | 16|requirements, restrictions, or terms made part of the gift; the name | | | 17|and country of residence or domicile of the foreign source; the name | | | 18|and mailing address of the disclosing entity; and, as applicable, | | | 19|the date of termination of the gift. | | | 20| 3. Information submitted pursuant to paragraph 1 of this | | | 21|subsection shall be forwarded to the Office of Management and | | | 22|Enterprise Services (OMES), which shall maintain a public web portal | | | 23|to disclose information on past gifts from countries of concern. | | | 24| | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 8 ___________________________________________________________________________
1| 4. Upon a request from the Governor, the President Pro Tempore | | | 2|of the Senate, or the Speaker of the House of Representatives, the | | | 3|State Auditor and Inspector shall inspect or audit a past gift or | | | 4|gift agreement. | | | 5| B. 1. Any public school or institution of higher education | | | 6|that has been offered directly or indirectly any gift with any value | | | 7|from a foreign source from a country of concern after the effective | | | 8|date of this act shall disclose such gift in the following manner: | | | 9| a. public schools shall disclose such gifts to the State | | | 10| Board of Education and the State Department of | | | 11| Education before accepting such gifts, and | | | 12| b. institutions of higher education shall disclose such | | | 13| gifts to the Oklahoma State Regents for Higher | | | 14| Education before accepting such gifts. | | | 15| 2. Unless otherwise prohibited or deemed confidential under | | | 16|state or federal law, disclosure required by this subsection shall | | | 17|include the date the gift was offered; the amount of the gift; the | | | 18|purpose of the gift; the identification of the persons the gift was | | | 19|explicitly intended to benefit; any applicable conditions, | | | 20|requirements, restrictions, or terms made part of the gift; the name | | | 21|and country of residence or domicile of the foreign source; the name | | | 22|and mailing address of the disclosing entity; and, as applicable, | | | 23|the date of termination of the gift. | | | 24| | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 9 ___________________________________________________________________________
1| 3. Information submitted pursuant to paragraph 1 of this | | | 2|subsection shall be forwarded to OMES. Within thirty (30) days of | | | 3|receiving the disclosure of an offered gift, OMES shall issue a | | | 4|final decision to the public school or institution of higher | | | 5|education on whether and under what conditions the public school or | | | 6|institution of higher education may accept the gift. OMES shall: | | | 7| a. develop disclosure forms, rules, and procedures for | | | 8| deciding whether to allow a public school or | | | 9| institution of higher education to accept gifts from | | | 10| countries of concern, and | | | 11| b. maintain a public web portal disclosing proposed | | | 12| gifts from countries of concern with the final | | | 13| decision from OMES on whether to allow the public | | | 14| school or institution of higher education to accept | | | 15| the gift. | | | 16| 4. For the purposes of this section, a gift received by a | | | 17|public school or institution of higher education from a foreign | | | 18|source through an intermediary shall be considered an indirect gift | | | 19|and shall be subject to the approval process provided for in this | | | 20|subsection. | | | 21| 5. Upon the request of the Governor, the President Pro Tempore | | | 22|of the Senate, or the Speaker of the House of Representatives, the | | | 23|State Auditor and Inspector shall inspect or audit a gift or gift | | | 24|agreement. | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 10 ___________________________________________________________________________
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 | | | 10|sixty (60) days after the effective date of this act; and | | | 11| 2. Institutions of higher education shall disclose such | | | 12|contracts to the Oklahoma State Regents for Higher Education within | | | 13|sixty (60) days after the effective date of this act. | | | 14| B. Unless otherwise prohibited or deemed confidential under | | | 15|state or federal law, disclosure required by subsection A of this | | | 16|section shall include the date of the contract; the amount of the | | | 17|contract; the purpose of the contract; the identification of the | | | 18|persons the contract was explicitly intended to benefit; any | | | 19|applicable conditions, requirements, restrictions, or terms made | | | 20|part of the contract; a copy of the contract; the name and country | | | 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 | | | 23|termination of the contract. | | | 24| | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 11 ___________________________________________________________________________
1| C. For the purposes of this section, a contract entered into | | | 2|with a foreign source through an intermediary or affiliate | | | 3|organization shall be considered an indirect contract to the public | | | 4|school or institution of higher education and shall be subject to | | | 5|the disclosure process provided for in this section. | | | 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. | | | 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 | | | 13|State Auditor and Inspector shall inspect or audit a past contract. | | | 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. | | | 24| | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 12 ___________________________________________________________________________
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| | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 26 ___________________________________________________________________________
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| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid3036881 SENATE FLOOR VERSION - HB1181 SFLR Page 28