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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 373 By: Bergstrom
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to education; creating the Research
7 and Education Protection Act of 2025; providing short
8 title; providing purpose; defining terms; prohibiting
8 certain institutions and schools from accepting
9 certain things of value from certain sources or
9 countries; requiring public schools and institutions
10 of higher education to disclose certain gifts
10 received after certain date; providing manner of
11 disclosure; requiring submitted information to be
11 forwarded to the Office of Management and Enterprise
12 Services (OMES); requiring information to be
12 disclosed on certain website; directing the State
13 Auditor and Inspector to inspect or audit certain
13 gifts upon certain request; requiring public schools
14 and institutions of higher education to disclose
14 offering of certain gifts; providing manner of
15 disclosure; requiring submitted information to be
15 forwarded to OMES to issue a final decision on
16 whether certain gifts may be accepted; directing OMES
16 to develop certain forms and maintain certain
17 website; making certain indirect gifts subject to
17 certain approval process; directing the State Auditor
18 and Inspector to inspect or audit certain gifts upon
18 certain request; requiring public schools and
19 institutions of higher education to disclose certain
19 contracts from certain foreign sources entered into
20 after certain date; providing manner of disclosure;
20 requiring certain information to be submitted to
21 OMES; requiring information to be disclosed on
21 certain website; directing the State Auditor and
22 Inspector to inspect or audit certain contracts upon
22 certain request; requiring public schools and
23 institutions of higher education to disclose certain
23 proposed contracts; requiring submitted information
24 to be forwarded to OMES to issue a final decision on
24
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1 whether a school or institution may enter into
1 certain contract; directing OMES to develop certain
2 forms and maintain certain website; making certain
2 contracts subject to certain approval process;
3 directing the State Auditor and Inspector to inspect
3 or audit certain contracts upon certain request;
4 providing civil penalty for certain failure to
4 disclose certain information; providing for deposit
5 of funds; providing for administrative enforcement of
5 penalty; allowing certain entities to bring civil
6 action for certain enforcement; providing for
6 attorney fees; providing immunity from employment
7 discipline and civil liability to certain employees
7 who make certain reports; providing for reward
8 amount; providing for confidentiality of certain
8 information; prohibiting public schools and
9 institutions of higher education from participating
9 in certain agreements with certain foreign sources;
10 requiring certain cultural exchange agreements to be
10 shared with certain federal and state agencies;
11 providing manner of sharing information; requiring
11 the Oklahoma State Regents for Higher Education and
12 the State Board of Education to submit certain annual
12 report by certain date; providing contents of report;
13 prohibiting certain associations from accepting
13 certain gifts or grants or entering into certain
14 contracts; requiring public schools and institutions
14 of higher education that establish certain program or
15 agreement to adopt certain prioritizing policy;
15 requiring institutions of higher education with
16 certain research budget to screen certain applicants
16 and students; directing boards of regents to require
17 submission of certain materials from certain
17 individuals; directing presidents of institutions of
18 higher education to designate a research integrity
18 office; providing purpose of office; requiring
19 certain review prior to interviewing for or offering
19 certain positions; allowing an individual to not be
20 employed for failure to disclose certain information;
20 requiring a research integrity office to report
21 certain information regarding an individual who was
21 rejected for employment on certain basis; directing
22 institutions of higher education to adopt a policy of
22 prioritizing certain foreign researchers; requiring
23 institutions of higher education with certain
23 research budget to establish certain travel approval
24 and monitoring program; providing criteria for
24
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1 certain preapproval; requiring maintenance of certain
1 records of foreign travel requests and approvals for
2 certain time period; requiring submission of certain
2 annual report; requiring certain operation audit by
3 certain date; allowing certain academic partnerships
3 to be entered into or renewed under certain
4 conditions; directing the Governor to appoint certain
4 individual to submit certain report; providing
5 contents of report; providing for severability;
5 providing for codification; providing an effective
6 date; and declaring an emergency.
6
7
7
8
8
9 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
9
10 SECTION 1. NEW LAW A new section of law to be codified
10
1 1 in the Oklahoma Statutes as Section 24-162 of Title 70, unless there
11
1 2 is created a duplication in numbering, reads as follows:
12
13 A. This act shall be known and may be cited as the "Research
13
1 4 and Education Protection Act of 2025". The purpose of the act is to
14
1 5 protect research and educational system operations in this state
15
1 6 from malicious influence from foreign countries of concern.
16
17 B. As used in this act:
17
18 1. "Affiliate organization" means any entity under the control
18
1 9 of or established for the benefit of an organization required to
19
2 0 report pursuant to this section including a direct-support
20
2 1 organization;
21
22 2. "Agreement" means a written or spoken statement of mutual
22
2 3 interest in cultural exchange or academic or research collaboration;
23
24 3. "Allied countries" means:
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1 a. nations currently party to any bilateral mutual
1
2 defense treaties including the North Atlantic Treaty,
2
3 the Agreement between the United States and Australia
3
4 and New Zealand, the Philippine Treaty, the Southeast
4
5 Asia Treaty, the Japanese Treaty, the Republic of
5
6 Korea Treaty, or the Rio Treaty,
6
7 b. any nation currently designated as a Major Non-North
7
8 Atlantic Treaty Organization (NATO) Ally by the United
8
9 States Department of State, or
9
10 c. the Republic of China;
10
11 4. "Contract" means any agreement for the acquisition by
11
1 2 purchase, lease, or barter of property or services for the direct
12
1 3 benefit or use of either of the parties;
13
14 5. "Country of concern" means the People's Republic of China,
14
1 5 the Russian Federation, the Islamic Republic of Iran, the Democratic
15
1 6 People's Republic of Korea, the State of Qatar, the Republic of
16
1 7 Cuba, the Venezuelan regime of Nicolas Maduro, the Syrian Arab
17
1 8 Republic, or any foreign terrorist organization designated by the
18
1 9 United States Secretary of State in accordance with the Immigration
19
2 0 and Naturalization Act, as amended, including any agent of or any
20
2 1 other entity under significant control of such foreign country of
21
2 2 concern or any other entity deemed by the Governor in consultation
22
2 3 with the Oklahoma Office of Homeland Security;
23
24
24
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1 6. "Direct-support organization" means an organization that is
1
2 organized and operated to receive, hold, invest, and administer
2
3 property and to make expenditures to or for the benefit of an
3
4 institution of higher education or for the benefit of a research and
4
5 development park or research and development authority affiliated
5
6 with an institution of higher education;
6
7 7. "Foreign government" means the government of any country,
7
8 nation, group of nations, or any province or political subdivision
8
9 of any country, nation, or group of nations other than the
9
1 0 government of the United States including any agent of such foreign
10
1 1 government;
11
12 8. "Foreign source" means:
12
13 a. a foreign government or an agency of a foreign
13
14 government,
14
15 b. a legal entity, governmental or otherwise, created
15
16 solely under the laws of a foreign state or states,
16
17 c. an individual who is not a citizen or a national of
17
18 the United States or a territory or protectorate of
18
19 the United States,
19
20 d. a partnership, association, corporation, organization,
20
21 or any other combination of persons organized under
21
22 the laws of or having its principal place of business
22
23 in a country of concern of subsidiary of such entity,
23
24
24
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1 e. an agent including a subsidiary or an affiliate of a
1
2 foreign legal entity acting on behalf of a foreign
2
3 source,
3
4 f. a political party or a member of a political party.
4
5 For the purposes of this subparagraph, the term
5
6 "political party" means an organization or combination
6
7 of individuals whose aim or purpose is, or who is
7
8 engaged in any activity devoted in whole or in part
8
9 to, the establishment, administration, control, or
9
10 acquisition of administration or control of a
10
11 government of a country of concern or a subdivision
11
12 thereof or the furtherance or influencing of the
12
13 political or public interest, policies, or relations
13
14 of a government of a country of concern or subdivision
14
15 thereof, or
15
16 g. a program operated for the benefit of a government or
16
17 political party of a country of concern including, but
17
18 not limited to, the Thousand Talents Program, any
18
19 program affiliated with United Front operations, or
19
20 any program affiliated with a country of concern's
20
21 ministry of education;
21
22 9. "Gift" means any gift, grant, endowment, award, or donation
22
2 3 of money or property of any kind, or any combination thereof,
23
2 4 including a conditional or unconditional pledge of such gift,
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1 endowment, award, or donation. For the purposes of this paragraph,
1
2 pledge means a promise, an agreement, or an expressed intention to
2
3 give a gift, and grant means a transfer of money for a specified
3
4 purpose including a conditional gift;
4
5 10. "Institution of higher education" means an institution of
5
6 higher education within The Oklahoma State System of Higher
6
7 Education or a private institution of higher learning located within
7
8 this state and accredited pursuant to Section 4103 of Title 70 of
8
9 the Oklahoma Statutes;
9
10 11. "Interest" in an entity means any direct or indirect
10
1 1 investment in or loan to an entity valued at five percent (5%) or
11
1 2 more of the entity's net worth or any form of direct or indirect
12
1 3 control exerting similar or greater influence on the governance of
13
1 4 the entity;
14
15 12. "Partnership" means a faculty or student exchange program,
15
1 6 a study abroad program, a matriculation program, a recruiting
16
1 7 program, or a dual degree program; and
17
18 13. "Public school" means a public school district, public
18
1 9 charter school, or public statewide virtual charter school.
19
20 SECTION 2. NEW LAW A new section of law to be codified
20
2 1 in the Oklahoma Statutes as Section 24-163 of Title 70, unless there
21
2 2 is created a duplication in numbering, reads as follows:
22
23 Upon the effective date of this act, no institution of higher
23
2 4 education or public school shall accept any gift, research funding,
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1 or any other item, service, contract, partnership, or thing of value
1
2 from a foreign source or from a country of concern.
2
3 SECTION 3. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 24-164 of Title 70, unless there
4
5 is created a duplication in numbering, reads as follows:
5
6 A. 1. Any public school or institution of higher education
6
7 that has received directly or indirectly any gift with any value
7
8 from any foreign source from a country of concern after December 31,
8
9 2013, shall disclose such gifts in the following manner:
9
10 a. public schools shall disclose such gifts to the State
10
11 Board of Education and the State Department of
11
12 Education within sixty (60) days after the effective
12
13 date of this act, and
13
14 b. institutions of higher education shall disclose such
14
15 gifts to the Oklahoma State Regents for Higher
15
16 Education within sixty (60) days after the effective
16
17 date of this act.
17
18 2. Unless otherwise prohibited or deemed confidential under
18
1 9 state or federal law, disclosure required by this subsection shall
19
2 0 include the date the gift was received; the amount of the gift; the
20
2 1 purpose of the gift; the identification of the persons the gift was
21
2 2 explicitly intended to benefit; any applicable conditions,
22
2 3 requirements, restrictions, or terms made part of the gift; the name
23
2 4 and country of residence or domicile of the foreign source; the name
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1 and mailing address of the disclosing entity; and, as applicable,
1
2 the date of termination of the gift.
2
3 3. Information submitted pursuant to paragraph 1 of this
3
4 subsection shall be forwarded to the Office of Management and
4
5 Enterprise Services (OMES), which shall maintain a public web portal
5
6 to disclose information on past gifts from countries of concern.
6
7 4. Upon a request from the Governor, the President Pro Tempore
7
8 of the Senate, or the Speaker of the House of Representatives, the
8
9 State Auditor and Inspector shall inspect or audit a past gift or
9
1 0 gift agreement.
10
11 B. 1. Any public school or institution of higher education
11
1 2 that has been offered directly or indirectly any gift with any value
12
1 3 from a foreign source from a country of concern after the effective
13
1 4 date of this act shall disclose such gift in the following manner:
14
15 a. public schools shall disclose such gifts to the State
15
16 Board of Education and the State Department of
16
17 Education before accepting such gifts, and
17
18 b. institutions of higher education shall disclose such
18
19 gifts to the Oklahoma State Regents for Higher
19
20 Education before accepting such gifts.
20
21 2. Unless otherwise prohibited or deemed confidential under
21
2 2 state or federal law, disclosure required by this subsection shall
22
2 3 include the date the gift was offered; the amount of the gift; the
23
2 4 purpose of the gift; the identification of the persons the gift was
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1 explicitly intended to benefit; any applicable conditions,
1
2 requirements, restrictions, or terms made part of the gift; the name
2
3 and country of residence or domicile of the foreign source; the name
3
4 and mailing address of the disclosing entity; and, as applicable,
4
5 the date of termination of the gift.
5
6 3. Information submitted pursuant to paragraph 1 of this
6
7 subsection shall be forwarded to OMES. Within thirty (30) days of
7
8 receiving the disclosure of an offered gift, OMES shall issue a
8
9 final decision to the public school or institution of higher
9
1 0 education on whether and under what conditions the public school or
10
1 1 institution of higher education may accept the gift. OMES shall:
11
12 a. develop disclosure forms, rules, and procedures for
12
13 deciding whether to allow a public school or
13
14 institution of higher education to accept gifts from
14
15 countries of concern, and
15
16 b. maintain a public web portal disclosing proposed gifts
16
17 from countries of concern with the final decision from
17
18 OMES on whether to allow the public school or
18
19 institution of higher education to accept the gift.
19
20 4. For the purposes of this section, a gift received by a
20
2 1 public school or institution of higher education from a foreign
21
2 2 source through an intermediary shall be considered an indirect gift
22
2 3 and shall be subject to the approval process provided for in this
23
2 4 subsection.
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1 5. Upon the request of the Governor, the President Pro Tempore
1
2 of the Senate, or the Speaker of the House of Representatives, the
2
3 State Auditor and Inspector shall inspect or audit a gift or gift
3
4 agreement.
4
5 SECTION 4. NEW LAW A new section of law to be codified
5
6 in the Oklahoma Statutes as Section 24-165 of Title 70, unless there
6
7 is created a duplication in numbering, reads as follows:
7
8 A. A public school or institution of higher education that has
8
9 entered directly or indirectly into any contract with any value from
9
1 0 any foreign source from a country of concern after December 31,
10
1 1 2013, shall disclose such contracts in the following manner:
11
12 1. Public schools shall disclose such contracts to the State
12
1 3 Board of Education and the State Department of Education within
13
1 4 sixty (60) days after the effective date of this act; and
14
15 2. Institutions of higher education shall disclose such
15
1 6 contracts to the Oklahoma State Regents for Higher Education within
16
1 7 sixty (60) days after the effective date of this act.
17
18 B. Unless otherwise prohibited or deemed confidential under
18
1 9 state or federal law, disclosure required by subsection A of this
19
2 0 section shall include the date of the contract; the amount of the
20
2 1 contract; the purpose of the contract; the identification of the
21
2 2 persons the contract was explicitly intended to benefit; any
22
2 3 applicable conditions, requirements, restrictions, or terms made
23
2 4 part of the contract; a copy of the contract; the name and country
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Req. No. 835 Page 11
1 of residence or domicile of the foreign source; the name and mailing
1
2 address of the disclosing entity; and, as applicable, the date of
2
3 termination of the contract.
3
4 C. For the purposes of this section, a contract entered into
4
5 with a foreign source through an intermediary or affiliate
5
6 organization shall be considered an indirect contract to the public
6
7 school or institution of higher education and shall be subject to
7
8 the disclosure process provided for in this section.
8
9 D. Information submitted pursuant to subsection A of this
9
1 0 section shall be forwarded to the Office of Management and
10
1 1 Enterprise Services (OMES), which shall maintain a public web portal
11
1 2 to disclose information on past proposed and entered into contracts
12
1 3 with countries of concern.
13
14 E. Upon the request of the Governor, the President Pro Tempore
14
1 5 of the Senate, or the Speaker of the House of Representatives, the
15
1 6 State Auditor and Inspector shall inspect or audit a past contract.
16
17 F. Any public school or institution of higher education that
17
1 8 has been offered or has proposed directly or indirectly any contract
18
1 9 with any value from or with a foreign source from a country of
19
2 0 concern after the effective date of this act shall disclose such
20
2 1 proposed contract in the following manner:
21
22 1. Public schools shall disclose such contract to the State
22
2 3 Board of Education and the State Department of Education before
23
2 4 entering into such contract; and
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1 2. Institutions of higher education shall disclose such
1
2 contract to the State Regents.
2
3 G. Unless otherwise prohibited or deemed confidential under
3
4 state or federal law, disclosure required by subsection F of this
4
5 section shall include the date of the contract; the amount of the
5
6 contract; the purpose of the contract; the identification of the
6
7 persons the contract was explicitly intended to benefit; any
7
8 applicable conditions, requirements, restrictions, or terms made
8
9 part of the contract; a copy of the contract; the name and country
9
1 0 of residence or domicile of the foreign source; the name and mailing
10
1 1 address of the disclosing entity; and, as applicable, the date of
11
1 2 termination of the contract.
12
13 H. Information submitted pursuant to subsection F of this
13
1 4 section shall be forwarded to OMES. Within thirty (30) days of
14
1 5 receiving the disclosure of the offered or proposed contract, OMES
15
1 6 shall issue a final decision to the public school or institution of
16
1 7 higher education on whether and under what conditions the public
17
1 8 school or institution of higher education may enter into the
18
1 9 contract. OMES shall:
19
20 1. Develop disclosure forms, rules, and procedures for deciding
20
2 1 whether to allow a public school or an institution of higher
21
2 2 education to enter into a contract with a country of concern; and
22
23 2. Maintain a public web portal disclosing proposed or offered
23
2 4 contracts with countries of concern with the final decision from
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1 OMES on whether to allow the public school or institution of higher
1
2 education to enter into the contract.
2
3 I. For the purposes of this section, a contract proposed from a
3
4 foreign source through an intermediary or affiliate organization
4
5 shall be considered an indirect contract with the public school or
5
6 institution of higher education and shall be subject to the approval
6
7 process provided for in subsection H of this section.
7
8 J. Upon the request of the Governor, the President Pro Tempore
8
9 of the Senate, or the Speaker of the House of Representatives, the
9
1 0 State Auditor and Inspector shall inspect or audit a contract
10
1 1 entered into pursuant to this section.
11
12 SECTION 5. NEW LAW A new section of law to be codified
12
1 3 in the Oklahoma Statutes as Section 24-166 of Title 70, unless there
13
1 4 is created a duplication in numbering, reads as follows:
14
15 A. A public school or institution of higher education that
15
1 6 knowingly, willfully, or negligently fails to disclose the
16
1 7 information required by the Research and Education Protection Act of
17
1 8 2025 shall be subject to a civil penalty of one hundred and five
18
1 9 percent (105%) of the amount of the undisclosed gift or contract,
19
2 0 payable only from non-state funds. The recovered funds shall be
20
2 1 deposited into the General Revenue Fund. The State Board of
21
2 2 Education or the Oklahoma State Regents for Higher Education may
22
2 3 administratively enforce the penalty provided for in this section as
23
2 4 an administrative penalty.
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1 B. In the absence of enforcement by the State Board of
1
2 Education or the State Regents, the Attorney General or the Office
2
3 of the State Treasurer may bring a civil action to enforce the
3
4 provisions of the Research and Education Protection Act of 2025. If
4
5 such action is successful, the Attorney General or the Office of the
5
6 State Treasurer shall be entitled to reasonable attorney fees and
6
7 costs.
7
8 C. An employee of a public school or an institution of higher
8
9 education who in good faith reports an undisclosed foreign gift or
9
1 0 contract to the Attorney General or the Office of the State
10
1 1 Treasurer shall be immune from employment discipline or civil
11
1 2 liability. The reporting employee shall be entitled to receive a
12
1 3 reward in the amount of twenty-five percent (25%) of any penalty
13
1 4 recovered by the State Board of Education, the State Regents, the
14
1 5 Attorney General, or the Office of the State Treasurer.
15
16 D. Information reported pursuant to Sections 2 and 3 of this
16
1 7 act shall not be deemed confidential except as provided for in the
17
1 8 Oklahoma Open Records Act.
18
19 E. The State Board of Education and the State Regents may adopt
19
2 0 promulgate rules to implement the provisions of this section.
20
21 SECTION 6. NEW LAW A new section of law to be codified
21
2 2 in the Oklahoma Statutes as Section 24-167 of Title 70, unless there
22
2 3 is created a duplication in numbering, reads as follows:
23
24
24
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1 A. A public school or institution of higher education shall not
1
2 participate in any cultural exchange agreement with a foreign source
2
3 from a country of concern, or any entity controlled by a country of
3
4 concern, which:
4
5 1. Constrains the freedom of contract of such public school or
5
6 institution of higher education;
6
7 2. Allows the curricula or values of a program in this state to
7
8 be directed, controlled, or influenced by a country of concern; or
8
9 3. Promotes an agenda detrimental to the safety or security of
9
1 0 this state, its residents, or the United States.
10
11 B. Prior to the execution of a cultural exchange agreement with
11
1 2 a foreign source from a country of concern, the substance of the
12
1 3 agreement shall be shared with:
13
14 1. Federal agencies concerned with protecting national security
14
1 5 or enforcing trade sanctions, embargoes, or other restrictions under
15
1 6 federal law. If any federal agency provides information suggesting
16
1 7 that such an agreement promotes an agenda detrimental to the safety
17
1 8 or security of this state, the United States, or its residents, the
18
1 9 public school or institution of higher education may not enter into
19
2 0 the agreement; and
20
21 2. The Office of Management and Enterprise Services (OMES). If
21
2 2 OMES provides information suggesting that such an agreement promotes
22
2 3 an agenda detrimental to the safety or security of this state, the
23
24
24
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1 United States, or its residents, the public school or institution of
1
2 higher education may not enter into the agreement.
2
3 C. By July 1, 2026, and by each July 1 thereafter, each public
3
4 school shall submit the information required by subsection B of this
4
5 section to the State Board of Education, and each institution of
5
6 higher education shall submit the information required by subsection
6
7 B of this section to the Oklahoma State Regents for Higher
7
8 Education.
8
9 D. By December 1, 2026, and each December 1 thereafter, the
9
1 0 State Regents and the State Board of Education shall each
10
1 1 electronically submit a report to the Governor, the President Pro
11
1 2 Tempore of the Senate, and the Speaker of the House of
12
1 3 Representatives relating to partnerships and agreements of
13
1 4 institutions of higher education and public schools, respectively,
14
1 5 made with educational institutions or other institutions based in
15
1 6 countries of concern. The report shall include at a minimum the
16
1 7 following information for the previous fiscal year:
17
18 1. Data reflecting any grant program, agreement, partnership,
18
1 9 or contract between an institution of higher education and any
19
2 0 college, university, or entity that is based in or controlled by a
20
2 1 country of concern or between a public school and any private or
21
2 2 public school that is based in or controlled by a country of
22
2 3 concern;
23
24
24
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1 2. Data reflecting any office, campus, or physical location
1
2 used or maintained by an institution of higher education in a
2
3 country of concern; and
3
4 3. The date on which any such grant program, agreement,
4
5 partnership, or contract reported pursuant to paragraph 1 of this
5
6 subsection is expected to terminate.
6
7 E. 1. No students' or scholars' association affiliated with
7
8 any public school or institution of higher education may accept any
8
9 gift or grant from a foreign source in a country of concern or enter
9
1 0 into any contract or agreement with a foreign source in a country of
10
1 1 concern. For the purposes of this subsection, member dues or fees
11
1 2 shall not be considered a gift or grant from a foreign source in a
12
1 3 country of concern.
13
14 2. A violation of the provisions of paragraph 1 of this
14
1 5 subsection shall result in the public school or institution of
15
1 6 higher education ending any affiliation with the students' or
16
1 7 scholars' association.
17
18 F. Each public school or institution of higher education that
18
1 9 has established or will establish an exchange program or
19
2 0 international cultural agreement concerning the Mandarin dialect of
20
2 1 the Chinese language or culture shall adopt a policy of prioritizing
21
2 2 partnerships with foreign sources from the Republic of China over
22
2 3 partnerships with foreign sources from the People's Republic of
23
2 4 China.
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1 G. The State Board of Education and the State Regents may adopt
1
2 regulations and rules to implement the provisions of this section.
2
3 SECTION 7. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 24-168 of Title 70, unless there
4
5 is created a duplication in numbering, reads as follows:
5
6 A. Each institution of higher education or affiliate thereof
6
7 that has a research budget of Ten Million Dollars ($10,000,000.00)
7
8 or more shall screen:
8
9 1. Applicants seeking employment in research or research-
9
1 0 related support positions;
10
11 2. Graduate and undergraduate students applying for research or
11
1 2 research-related support positions; and
12
13 3. Applicants for positions of visiting researcher who are:
13
14 a. citizens of a foreign country and who are not
14
15 permanent residents of the United States, or
15
16 b. citizens and permanent residents of the United States
16
17 who have any affiliation with an institution or
17
18 program or at least one year of prior employment or
18
19 training in a country of concern, with the exception
19
20 of employment or training by an agency of the United
20
21 States government.
21
22 Screening required by this subsection shall be required prior to
22
2 3 interviewing such applicants or offering an applicant a position of
23
24
24
Req. No. 835 Page 19
1 employment or of visiting researcher. An institution of higher
1
2 education may screen other applicants for such positions.
2
3 B. In addition to satisfying all employment and enrollment
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4 qualifications imposed by federal law, the governing board of
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5 regents for each institution of higher education shall:
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6 1. Require a foreign applicant to submit a complete copy of his
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7 or her passport and most recently submitted Online Nonimmigrant Visa
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8 Application, DS-160. After extraction and submission of all
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9 information relevant to the requirements of this section, an
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1 0 institution of higher education may destroy or return the copy of
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1 1 the DS-160;
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12 2. Require all individuals described in subsection A of this
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1 3 section to submit:
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14 a. a complete resume and curriculum vitae including every
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15 institution of higher education attended,
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16 b. all previous employment since the applicant reached
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17 the age of eighteen,
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18 c. a list of all published material for which the
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19 applicant received credit as an author, a researcher,
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20 or otherwise to which the applicant contributed
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21 significant research, writing, or editorial support,
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22 d. a list of the applicant's current and pending research
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23 funding from any source including the source of funds,
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24
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1 the amount, the applicant's role on the project, and a
1
2 brief description of the research, and
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3 e. a full disclosure of non-institution of higher
3
4 education professional activities including any
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5 affiliation with an institution of higher education or
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6 program in a country of concern; and
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7 3. An institution of higher education may require individuals
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8 described in subsection A of this section who have been continually
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9 employed or enrolled in an institution of higher education in the
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1 0 United States for twenty (20) years or more to submit employment
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1 1 history prior to the most recent twenty (20) years.
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12 C. The president of each institution of higher education or
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1 3 affiliate thereof shall designate a research integrity office to
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1 4 review all materials submitted pursuant to subsection B of this
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1 5 section and take reasonable steps to verify all attendance,
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1 6 employment, publications, and contributions included in the
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1 7 submitted materials. Reasonable steps shall include but not be
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1 8 limited to searching public databases for research publications,
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1 9 presentations, and public conflict of interest records to identify
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2 0 any research publication or presentation that may have been omitted
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2 1 from the materials submitted pursuant to subsection B of this
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2 2 section; contacting all employers of the most recent ten (10) years
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2 3 to verify employment; contacting all institutions of higher
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2 4 education attended to verify enrollment and educational progress;
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Req. No. 835 Page 21
1 searching public listings of persons subject to sanctions or
1
2 restrictions under federal law; submitting the applicant's name and
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3 other identifying information to the Federal Bureau of Investigation
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4 or any federal agency reasonably willing to scrutinize such
4
5 applicant for national security or counterespionage purposes; and
5
6 any other steps deemed appropriate. The institution of higher
6
7 education or affiliate thereof may also direct the research
7
8 integrity office to approve applicants for hire based on a risk-
8
9 based determination considering the nature of the research and
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1 0 background and ongoing affiliations of the applicant.
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11 D. The provisions of this section shall be completed before an
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1 2 institution of higher education or an affiliate thereof interviews
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1 3 or offers a position to an individual described in subsection A of
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1 4 this section in any research or research-related support position
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1 5 and before granting such individual any access to research data or
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1 6 activities or other sensitive data. An individual described in
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1 7 subsection A of this section may not be employed in any research or
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1 8 research-related support position if he or she fails to disclose a
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1 9 substantial educational, employment, or research-related activity,
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2 0 publication, or presentation at the time of submitting materials
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2 1 required by subsection B of this section unless an institution of
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2 2 higher education department head or his or her designee certifies in
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2 3 writing the substance of the nondisclosure and the reasons for
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2 4 disregarding such failure to disclose. A copy of such certification
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Req. No. 835 Page 22
1 shall be kept in the investigative file of the research integrity
1
2 office and shall be submitted to the nearest Federal Bureau of
2
3 Investigation field office.
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4 E. An institution of higher education's research integrity
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5 office designated pursuant to subsection C of this section shall
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6 report to the nearest Federal Bureau of Investigation field office,
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7 any law enforcement agency designated by the Governor, and the board
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8 of regents of the institution of higher education or affiliate
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9 thereof the identity of the individual who was rejected for
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1 0 employment based on the scrutiny required by this section or other
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1 1 risk-based screening.
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12 F. Each institution of higher education shall adopt a policy of
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1 3 prioritizing foreign researchers from allied nations and joint
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1 4 research projects with allied nations in the following order of
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1 5 prioritization:
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16 1. Members of the Five Eyes Intelligence Oversight and Review
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1 7 Council;
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18 2. Current signatories of the North Atlantic Treaty;
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19 3. The State of Israel, the Republic of China, the People's
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2 0 Republic of Korea, Japan, the Philippines, and the Republic of
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2 1 India; and
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22 4. All other countries including remaining nations designated
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2 3 as a Major Non-North Atlantic Treaty Organization (NATO) Ally by the
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2 4 United States Department of State and remaining allied countries.
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1 G. By July 1, 2026, each institution of higher education or
1
2 affiliate thereof that has a research budget of Ten Million Dollars
2
3 ($10,000,000.00) or more shall establish an international travel
3
4 approval and monitoring program. The program shall require
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5 preapproval and screening by an institution of higher education's
5
6 research integrity office designated pursuant to subsection C of
6
7 this section, in addition to any other travel approval process
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8 requirements applicable to the institution of higher education.
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9 H. 1. Preapproval by an institution of higher education's
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1 0 research integrity office shall be based on the applicant's review
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1 1 and acknowledgement of guidance published by the employing
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1 2 institution of higher education or affiliate thereof which relates
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1 3 to countries of concern, countries under sanction, or other
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1 4 restrictions or designations imposed by this state or the United
14
1 5 States government including any federal licensing requirements;
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1 6 customs rules; export controls; restrictions on taking institutional
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1 7 property including intellectual property abroad; restrictions on
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1 8 presentations, teaching, and interactions with foreign colleagues;
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1 9 and other subjects important to the research and academic integrity
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2 0 of the institution of higher education.
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21 2. Preapproval by an institution of higher education's research
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2 2 integrity office shall be based on the binding commitment of the
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2 3 individual traveler not to violate the institution of higher
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24
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Req. No. 835 Page 24
1 education's limitations on travel and activities abroad and to obey
1
2 all applicable federal laws.
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3 I. The institution of higher education or affiliate thereof
3
4 shall maintain records of all foreign travel requests and approvals;
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5 expenses reimbursed by the institution of higher education or
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6 affiliate thereof during such travel including travel, food, and
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7 lodging; and payments and honoraria received during such travel and
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8 activities including for travel, food, and lodging. The institution
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9 of higher education shall retain the records for at least three (3)
9
1 0 years or any longer period of time required by any applicable state
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1 1 or federal law.
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12 J. The institution of higher education or affiliate thereof
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1 3 shall provide an annual report of foreign travel to countries of
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1 4 concerns listing individual travelers, foreign locations visited,
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1 5 and foreign institutions visited to its board of regents.
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16 K. By July 1, 2026, the State Auditor and Inspector shall
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1 7 perform an operational audit regarding implementation of the
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1 8 provisions of this section.
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19 SECTION 8. NEW LAW A new section of law to be codified
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2 0 in the Oklahoma Statutes as Section 24-169 of Title 70, unless there
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2 1 is created a duplication in numbering, reads as follows:
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22 A. Subject to the approval of its board of regents, an
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2 3 institution of higher education shall only enter into a new or renew
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2 4 an existing academic partnership with an academic or research
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Req. No. 835 Page 25
1 institution located in a country of concern if the institution of
1
2 higher education maintains sufficient structural safeguards to
2
3 protect its intellectual property, the security of this state, and
3
4 the national security interests of the United States. A board of
4
5 regents shall only approve an institution of higher education's
5
6 partnership if the board, in consultation with the Office of the
6
7 Attorney General, determines the partnership meets the following
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8 safeguard requirements:
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9 1. Compliance with all federal requirements including the
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1 0 requirements of federal research sponsors and federal export control
10
1 1 agencies, regulations regarding international traffic in arms and
11
1 2 export administration, and economic and trade sanctions administered
12
1 3 by the federal Office of Foreign Assets Control of the United States
13
1 4 Department of the Treasury;
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15 2. Annual formal institution-level programs for faculty on
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1 6 conflicts of interest and conflicts of commitment; and
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17 3. A formalized foreign visitor process and uniform visiting
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1 8 scholar agreement.
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19 B. The board of regents of an institution of higher education,
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2 0 in consultation with the Office of the Attorney General, shall have
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2 1 full discretion to reject or terminate any research partnership
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2 2 between the institution and an academic or research institution
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2 3 located in a country of concern at any time and for any purpose.
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24
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1 SECTION 9. NEW LAW A new section of law to be codified
1
2 in the Oklahoma Statutes as Section 24-170 of Title 70, unless there
2
3 is created a duplication in numbering, reads as follows:
3
4 A. No later than ninety (90) days after the effective date of
4
5 this act, the Governor shall appoint one qualified person who shall
5
6 be responsible for the "Report on Foreign Influence in Higher
6
7 Education". The report shall be electronically submitted to the
7
8 Governor, the President Pro Tempore of the Senate, and the Speaker
8
9 of the House of Representatives and shall be published semi-annually
9
1 0 on a state website.
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11 B. The Report on Foreign Influence in Higher Education:
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12 1. Shall investigate and provide oversight of all attempted
12
1 3 foreign influence operations in higher education in this state; and
13
14 2. May include a synthesis of reports from the federal
14
1 5 government and state agencies, new findings and ongoing
15
1 6 investigations, and recommendations for limiting exposure to foreign
16
1 7 influence.
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18 SECTION 10. NEW LAW A new section of law to be codified
18
1 9 in the Oklahoma Statutes as Section 24-171 of Title 70, unless there
19
2 0 is created a duplication in numbering, reads as follows:
20
21 The provisions of the Research and Education Protection Act of
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2 2 2025 are severable and if any part or provision shall be held void,
22
2 3 the decision of the court so holding shall not affect or impair any
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24
24
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1 of the remaining parts or provisions of the Research and Education
1
2 Protection Act of 2025.
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3 SECTION 11. This act shall become effective July 1, 2025.
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4 SECTION 12. It being immediately necessary for the preservation
4
5 of the public peace, health, or safety, an emergency is hereby
5
6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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Req. No. 835 Page 28Every fact on this page links to its source, starting with the official bill record.