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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2184 By: Kane
AS INTRODUCED
An Act relating to higher education; creating the
Oklahoma Research and Education Protection Act;
defining terms; requiring disclosure of certain
gifts; requiring disclosure include certain
information; requiring Oklahoma State Regents for
Higher Education maintain certain online information;
requiring disclosure of certain contracts; requiring
disclosure include certain information; requiring
State Regents maintain certain online information;
permitting State Regents to conduct certain audits;
authorizing Attorney General to bring certain civil
action; authorizing certain persons to request civil
action; providing for injunctive relief; authorizing
payment of certain costs; requiring State Regents
send disclosures to Attorney General; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9101 of Title 70, unless there
is created a duplication in numbering, reads as follows:
This act shall be known as and may be cited as the "Oklahoma
Research and Education Protection Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9102 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "Affiliate organization" means any entity under the control
of, or established for the benefit of, a state educational
institution, including a direct-support organization;
2. "Contract" means an agreement for the acquisition of
property or services by purchase, lease, or barter for the direct
benefit or use of either of the parties;
3. "Direct-support organization" means an organization that is
organized and operated to receive, hold, invest, and administer
property and to make expenditures to or for the benefit of a state
educational institution or for the benefit of a research and
development park or a research and development entity affiliated
with a state educational institution;
4. "Foreign adversary" means a government other than the
federal government of the United States, the government of any
state, political subdivision of the state, tribe, territory, or
possession of the United States and designated by the United States
Secretary of State as hostile or a Country of Particular Concern
(CPC);
5. "Foreign government" means a government other than the
federal government of the United States, the government of any
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state, political subdivision of the state, tribe, territory, or
possession of the United States;
6. "Foreign source" means any of the following:
a. a foreign government or an agency of a foreign
government,
b. a legal entity, governmental or otherwise, created
solely under the laws of a foreign nation or group of
nations,
c. an individual who is not a citizen or a national of
the United States or a territory or protectorate of
the United States,
d. a partnership, an association, a corporation, an
organization, or any other combination of persons,
including a subsidiary of an entity described in this
subdivision, organized under the laws of, or having
its principal place of business in, a foreign
adversary,
e. an agent, including a subsidiary or an affiliate of a
foreign legal entity, acting on behalf of a foreign
source, or
f. a political party of a foreign adversary or an
individual who is a member of a political party of a
foreign adversary;
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7. "Gift" means any gift, grant, endowment, award, or donation
of money or property of any kind, or any combination thereof,
including a conditional or unconditional promise, pledge, or
agreement to make a gift, endowment, award, or donation;
8. "Grant" means a transfer of money for a specified purpose,
including a conditional gift;
9. "Political party of a foreign adversary" means an
organization or combination of individuals organized for the purpose
of, or engaged in any activity devoted in whole or in part to,
either of the following:
a. the establishment, administration, control, or the
acquisition of the administration or control, of the
government of a foreign adversary, or
b. the furtherance or influencing of the political or
public interest, policies, or relations of the
government of a foreign adversary;
10. "State educational institution" means any institution
supported wholly or in part by direct legislative appropriations and
offering courses of education of any kind beyond or in addition to
the twelfth grade, or its equivalent, as such grade is generally
understood and accepted in the public school system of Oklahoma,
whether called a university, college, junior college, school or
academy; and
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11. "State Regents" means the Oklahoma State Regents for Higher
Education.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9103 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. A state educational institution shall disclose to the State
Regents any gift of any value received directly or indirectly from
any foreign source located in a foreign adversary as follows:
1. For a disclosable gift received after December 31, 2020, and
before July 1, 2025, not later than September 1, 2025.
2. For a disclosable gift received after June 30, 2025,
biannually on January 1 and July 1 of each subsequent year.
B. A gift received from a foreign source through an
intermediary or affiliate organization is considered an indirect
gift to a state educational institution and is subject to the
disclosure required by subsection A.
C. Unless otherwise prohibited or deemed confidential under
state or federal law, a disclosure under subsection A must include
the following information:
1. The date of the gift;
2. The amount of the gift;
3. The purpose of the gift;
4. The identification of the persons for whom the gift is
explicitly intended to benefit;
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5. Any applicable conditions, requirements, restrictions, or
terms made part of the gift;
6. The name and country of residence or domicile of the foreign
source;
7. The name and mailing address of the state educational
institution receiving the gift; and
8. If applicable, the date of termination of the gift.
D. The State Regents shall establish and maintain a website to
enable the public to access information concerning gifts disclosed
by state educational institutions under this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9104 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. A state educational institution shall disclose to the State
Regents any contract of any value entered into directly or
indirectly with any foreign source located in a foreign adversary as
follows:
1. For a disclosable contract entered into after December 31,
2020, and before July 1, 2025, not later than September 1, 2025.
2. For a disclosable contract entered into after June 30, 2025,
biannually on January 1 and July 1 of each subsequent year.
B. A contract entered into with a foreign source through an
intermediary or affiliate organization is considered an indirect
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contract with a state educational institution and is subject to the
disclosure required by subsection A.
C. Unless otherwise prohibited or deemed confidential under
state or federal law, a disclosure under subsection A must include
the following information:
1. The date of the contract;
2. The amount of the contract;
3. The purpose of the contract;
4. The identification of the persons for whom the contract is
explicitly intended to benefit;
5. Any applicable conditions, requirements, restrictions, or
terms made part of the contract;
6. A copy of the contract;
7. The name and country of residence or domicile of the foreign
source;
8. The name and mailing address of the state educational
institution entering into the contract; and
9. If applicable, the date of termination of the contract.
D. The State Regents shall establish and maintain a website to
enable the public to access information concerning contracts
disclosed by state educational institutions under this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9105 of Title 70, unless there
is created a duplication in numbering, reads as follows:
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A. The State Regents may audit, or contract with a qualified
person to audit, a state educational institution's use of a gift
disclosed under Section 3 of this act that the state educational
institution received after June 30, 2022, and before July 1, 2025.
B. The State Regents may audit, or contract with a qualified
person to audit, a state educational institution's use of the
proceeds of a contract disclosed under Section 4 of this act that
the state educational institution entered into after June 30, 2022,
and before July 1, 2025.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9106 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. The Attorney General may bring a civil action against a
state educational institution that has failed to comply with the
Oklahoma Research and Education Protection Act based upon
information known to the Attorney General or at the request of:
1. A member of the Legislature;
2. The Governor;
3. A member of the State Regents;
4. A member of the Oklahoma State Board of Education; or
5. An Oklahoma taxpayer.
If the person described in this subsection submits a signed
affidavit affirming that a state educational institution is not in
compliance with the requirements of this act.
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B. If the Attorney General prevails in an action brought under
this section, the Attorney General is entitled to injunctive relief
to require the state educational institution to comply with the
requirements of this act. In addition, a state educational
institution that is found to have knowingly or willingly failed to
comply with the requirements of this act must pay to the Attorney
General:
1. The costs incurred in bringing the civil action under this
section; and
2. Any associated costs of investigation and enforcement.
C. The State Regents shall send copies of all disclosures
described in Sections 3 and 4 of this act to the Attorney General,
in a manner prescribed by the Attorney General.
SECTION 7. This act shall become effective July 1, 2025.
SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-10920 AQH 12/31/24