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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 910 By: Daniels
AS INTRODUCED
An Act relating to property and critical
infrastructure; creating the Military Installation
and Critical Infrastructure Protection Act o f 2025;
providing short title; defining terms; prohibiting
foreign principals from foreign adversary countries
from owning, having an interest in , or acquiring
agricultural land; describing scope of de minimis
indirect interest; directing the sale, transfe r, or
divestiture of agricultural land under certain
circumstances; establishi ng registration
requirements; allowing for the acquisition of
agricultural land under certain circumstances;
deeming contracts, deeds , or other agreements
invalid; assigning the Office of the Attorney General
with the responsibility of making certain
determinations; granting the Attorney General the
authority to commence certain actions in district
court; providing for the sale of land through
judicial foreclosure; providing payme nt of a reward
to whistleblowers; providing for the disbursement of
proceeds; providing for the adoption of rules;
prohibiting foreign principals from foreign adversary
countries from purchasing, holding, renting , or
controlling any property near military bases or
installations; requiring the sale, transfer, or
divestiture of property within certain time period;
deeming contracts, deeds , or other agreements
invalid; granting the Attorney General the authority
to commence certain actions in district court;
providing for the sale of land through judicial
foreclosure; providing payment of a reward to
whistleblowers; providing for the disbursement of
proceeds; assigning the Office of the Attorney
General with the responsibility of making certain
determinations; establishing guidelines for
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whistleblowers; providing for referrals to the Office
of the Attorney General; establishing rewards for
whistleblowers; setting effective date for
whistleblower enforcement provision; prohibiting
entities and governmental entiti es from entering into
agreements relating to critical infrastructure with
foreign principals from foreign adversary countries;
authorizing entities and governmental entities to
enter into agreements under certain circumstances;
requiring companies to file a certification form
prior to accessing critical infrastructure;
establishing guidelines for maintaining
registrations; setting fee for administering
certification process; providing for the revocation
of certifications; prohibiting the use of certain
software in state infrastructure; providing for the
replacement of prohibited soft ware; providing
software removal and notification requirements;
directing the Office of the Attorney General to
establish reporting process for non -notified
transactions; authori zing the Attorney General to
submit memorandums or reports to certain committee;
directing the Attorney General to retain certain
documents and notify the Legislature and Governor;
providing for noncodification; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Military
Installation and Critical Infrastructure Protection Act of 2025”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.1 of Title 60, unless there
is created a duplication in numb ering, reads as follows:
As used in this act:
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1. “Agricultural land” shall mean a land area that is either
arable, under permanent crops, or under permanent pastures. Arable
land includes land under temporary crops such as cereals, temporary
meadows for mowing or pasture, land under market or kitchen gardens,
and land temporarily fallow. Land abandoned as a result of shifting
cultivation is excluded. Land under permanent crops is cultivated
with crops that occupy the land for long periods and need not b e
replanted after each harvest, such as orchards or vineyards. This
category excludes land under trees grown for wood or timber.
Permanent pasture land is land used for five (5) or more years for
forage, including natural and cultivated crops;
2. “Company” shall mean a for-profit sole proprietorship,
organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or limited
liability company, including a wholly owned subsidiary, majority -
owned subsidiary, parent company, or affiliate of those entities or
business associations , that exists to make a profit; or a nonprofit
organization;
3. “Critical infrastructure ” shall mean systems and assets,
whether physical or virtual, so vital to Oklahoma or the United
States that the incapacity or destruction of such systems and assets
would have a debilitating impact on state or national security,
state or national economic security, state or national public
health, or any combination of those matters. A criti cal
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infrastructure may be publicly or privately owned and includes, but
is not limited to:
a. gas and oil production, storage, or delivery systems,
b. water supply, refinement, storage, or delivery
systems,
c. telecommunications networks,
d. electrical power delivery systems,
e. emergency services,
f. transportation systems and services, or
g. personal data or otherwise classified information
storage systems, including cybersecurity;
4. “Cybersecurity” shall mean the measures taken to protect a
computer, computer network, computer system, or other technology
infrastructure against u nauthorized use or access;
5. “Domicile” shall mean either the country in which a company
is registered, where the affairs of the company are primarily
completed, or where the m ajority of ownership share is held;
6. “Foreign adversary” shall mean any country designated by the
United States Secretary of State as hostile or a Country of
Particular Concern (CPC);
7. “Foreign principal” shall mean:
a. the government or any official of the government of a
foreign adversary,
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b. a political party or member of a political party or
any subdivision of a political party of a foreign
adversary,
c. a partnership, association, corporation, organization,
or other combination of persons organiz ed under the
laws of or having its principal place of business in a
foreign adversary, or a subsidiary of such entity, or
owned or controlled wholly or in part by any person,
entity, or collection of persons or entities of a
foreign adversary,
d. any person who is domiciled in a foreign adversary and
is not a citizen or lawful perma nent resident of the
United States, or
e. any person, entity, or collection of persons or
entities, described in subparagraphs a through d of
this paragraph having a controlling interest in a
partnership, association, corporation, organization,
trust, or any other legal entity or subsidiary formed
for the purpose of owning real property;
8. “Military base or installation ” shall mean any land,
structure, or property owned or contr olled by any division of the
United States Department of Defense, Oklahoma Nat ional Guard, or any
other department of government, state or federal, critical to the
safety and security of Oklahoma or the United States;
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9. “Non-notified transactions ” shall mean foreign investments
in the United States that are not voluntarily submitted to the
Committee on Foreign Investment in the United States for review
under 50 U.S.C., Section 4565;
10. “Operational software ” shall mean computer programs used
for the operation, control, maneuver or maintenance of state
infrastructure, or any other computer program applications related
to state infrastructure;
11. “Software” shall mean any program or routine, or any set of
one or more programs or routines, which are used or intended for use
to cause one or more computers or pieces of computer related
peripheral equipment, or any combination thereof, to perform a task
or set of tasks, as it relates to state infrastructure;
12. “State infrastructure ” shall mean critical inf rastructure
and transportation infrastructure; and
13. “Transportation infras tructure” shall include, but not be
limited to:
a. airports including, but not limited to, commercial and
intermodal airports and heliports and all airport
infrastructure,
b. roadways including, but not limited to, publicly
accessible streets, roads, highways, and bridges and
all roadway infrastructure including, but not limited
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to, signage, toll booths, weigh stations, and traffic
signals,
c. railways including, but not limited t o, all classes of
freight rail and passenger rail and all railway
infrastructure including, but not limited to,
intermodal rail yards and signals,
d. ports including, but not limited to, inland ports,
seaports, deepwater ports, inland waterways, and
levees and all port infrastructure including, but not
limited to, intermodal stations, and
e. public transit including bus, ferry, cable car, tram,
trolley, and other types of publicly accessible
transportation and all public transit infrastructure.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.2 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A foreign principal from a foreign adversary country may not
directly or indirectly own, have an interest of greater than twenty -
five percent (25%) in, or acquire by purchase, grant, devise, or
descent agricultural land or any interest, except a de minimis
indirect interest, in such land in this state. A foreign p rincipal
has a de minimis indirect interest if any ownership is the result of
the foreign principal ’s ownership of registered equities in a
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publicly traded company owning the land and if the ownership of the
foreign principal in the country is either:
1. Less than five percent (5%) of any class of registered
equities or less than five percent (5%) in the aggregate in multiple
classes of registered equities; or
2. A noncontrolling interest in an entity controlled by a
company that is both registered with t he United States Securities
and Exchange Commission as an investment advisor u nder the
Investment Advisers Act of 1940, as amended, and is not a foreign
entity.
B. A foreign principal that directly or indirectly owns or
otherwise controls agricultural lan d, as defined in Section 1 of
this act, in this state must sell, transfer, or otherwise divest
itself of the agricultural land within one hundred eighty (180) days
of the effective date of this act.
C. A foreign principal that directly or indirectly owns or
acquires agricultural land or any interest in such land in this
state shall register with the Oklahoma Department of Agriculture ,
Food, and Forestry within sixty (60) days of the effective date of
this act or the date of acquisition, whichever is latest . The
Department shall establish a form for such registration which, at
minimum, shall include all of the following:
1. The name of the owner of the agricultural land or the owner
of the interest in such land;
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2. The address of the agricultural land, th e parcel
identification number of the property appraiser, and the legal
description of the property; and
3. The number of acres of the agricultural land.
D. Notwithstanding the provisions of subsection A of this
section, a foreign principal from a foreig n adversary country may
acquire agricultural land on or after the effective date of this act
by devise or descent, through the enforcement of security interests,
or through the collection of debts, provided that the foreign
principal sells, transfers, or o therwise divests itself of the
agricultural land within one hundred eighty (18 0) days of acquiring
the agricultural land.
E. Any current deeds, contracts, rental agreements, or other
legal agreements in conflict with the provisions of this act shall
be deemed invalid from the date of adoption unless otherwise
provided.
F. The responsibility for determining whether an entity is
subject to the provisions of this section rests solely with the
foreign entity, the Attorney General, any qualifying whistleblower ,
and no other individual or entity. An individual or entity who is
not a foreign entity shall not be required to determine or inquire
whether another person or entity is or may be subject to this
section, and shall bear no civil or criminal liability und er the
provisions of this section.
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G. If a foreign principal from a foreign adversary country does
not divest the real property as required by this section, the
Attorney General shall commence an action in district court within
the jurisdiction of the real property.
H. If the real property is held in violation of the provisions
of this section, the district court shall order that the real
property be sold through judicial foreclosure.
I. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this section,
the whistleblower shall be entitled to a reward equal to thirty
percent (30%) of the proceeds of the land sale that results from the
violation of this section after payments to lienholders. Pr oceeds
of the sale shall be disbursed in the following order, as
applicable:
1. The payment of authorized costs of the sale, including all
approved fees and expenses of the referee and any taxes and
assessments due;
2. The payment, in an amount approved by the court, to the
Office of the Attorney General for reimbursement of investigation
and litigation costs and expenses;
3. To bona fide lienholders, in their order of priority, except
for liens which under the terms of the sale are to remain on the
property;
4. To whistleblowers; and
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5. To the restricted foreign entity.
J. The Oklahoma Department of Agriculture , Food, and Forestry
shall adopt rules to implement the provisions of this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.3 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. A foreign principal from a foreign adversary country shall
not be allowed to directly or indirectly purchas e, hold, rent, or
otherwise control any real property within ten (10) miles of a
military base or installation.
B. A foreign principal that directly or indirectly controls any
real property covered by the provisions of subsection A of this
section, excluding temporary contractual agreements such as rental
or lease agreements, must sell, transfer, or otherwise divest itself
of the property within one hundred eighty (180) days of the
effective date of this act.
C. Any current deeds, contracts, rental agreem ents, or other
legal agreements in conflict with this law shall be deemed inva lid
from the date of adoption unless otherwise provided.
D. If a foreign principal from a foreign adversary country does
not divest the real property as required by the provisio ns of this
section, the Attorney General shall commence an action in the
district court within the jurisdiction of the real property.
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E. If the real property is held in violation of the provisions
of this section, the district court shall order that the real
property be sold through judicial foreclosure.
F. If a whistleblower refe rral results in a divestiture of land
or other assets held in violation of the provisions of this section,
the whistleblower shall be entitled to a reward equal to thirty
percent (30%) of the proceeds of the land sale that results from the
violation of the provisions of this section after payments to
lienholders. Proceeds of the sale shall be disbursed in the
following order, as applicable:
1. The payment of authorized costs of the sale, including all
approved fees and expenses of the referee and any taxe s and
assessments due;
2. The payment, in an amount approved by the district court, to
the Attorney General for reimbursement of investigation and
litigation costs and expenses;
3. To bona fide lienholders, in their order of priority, except
for liens which under the terms of the sale are to remain on the
property;
4. To whistleblowers; and
5. To the restricted foreign entity.
G. The responsibility for determining whether an entity is
subject to this section rests solely with the foreign entity, the
Attorney General, any qualifying whistleblower, and no other
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individual or entity. An individual or entity who is not a foreign
entity shall not be required to determine or inquir e whether another
person or entity is or may be subject to the provisions of this
section, and shall bear no civil or criminal liability under the
provisions of this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 128.4 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. Any individual may act as a whistleblower and provide a
referral to the Office of the Attorney General for violations of the
provisions of Section 3 and Section 4 of this act.
B. If a whistleblower referral results in a divestiture of land
or other assets held in violation of the provisions of this act, the
whistleblower shall be entitled to a reward equal to thirty percent
(30%) of the proceeds of the land sale that results from violation
of this act.
C. The whistleblower enforcement provision shall take effect
one hundred eighty (180) days after the effective date of this act.
SECTION 6. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 13001 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. An entity constructing, repairing, operating, or otherwise
having significant access to critical infr astructure may not enter
into an agreement relating to critical infrastructure in this state
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with a foreign principal from a foreign adversary country, or use
products or services produced by a foreign principal from a foreign
adversary country.
B. A governmental entity may not enter into a contract or other
agreement relating to critical infrastructure in this state with a
company that is a foreign principal from a foreign adversary
country, or use products or services produced by a foreign principal
from a foreign adversary country.
C. Notwithstanding the provisions of subsection A and B of this
section, an entity or governmental entity may enter into a contract
or agreement relating to critical infrastructure with a foreign
principal from a foreign adve rsary country or use products or
services produced by a foreign principal from a foreign adversary
country if:
1. There is no other reasonable option for addressing the need
relevant to state critical infrastructure;
2. The contract is pre approved by the Office of the Attorney
General; and
3. Not entering into such a contract or agreement would pose a
greater threat to the state than the threat associated with entering
into the contract.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13002 of Title 74, unless there
is created a duplication in numbering, reads as follows:
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A. In order to access critical infrastructure, a company must
file a certification form with and pay a certification f ee to the
Office of the Attorney General. The Office of the Attorney General
shall prescribe the registration form to be filed pursuant to the
provisions of this section.
B. To maintain registration as a company with access to
critical infrastructure, a company shall:
1. Identify all employee positions in the organization that
have access to critical infrastructure;
2. Before hiring a person described in paragraph 1 of this
subsection, obtain from the Oklahoma State Bureau of Investigation
or a private vendor criminal history record information relating to
the prospective employe e and any other background information
considered necessary by the company or required by the Office of the
Attorney General to protect critical infrastructure from foreign
adversary infiltration or interference;
3. Prohibit foreign nationals from a foreign adversary from
access to critical infrastructure; and
4. Be compliant with the provisions of Section 6 of this act.
C. The Office of the Attorney General shall set the fee i n an
amount sufficient to cover the costs of administering the
certification process but not to exceed One Hundred Fifty Dollars
($150.00).
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D. The Office of the Attorney General shall provide that a
company is compliant with all requirements of this secti on or revoke
certification.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13003 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. All software used in state infrastructure located within or
serving Oklahoma shall not include any software produced by a
federally banned corporation, nor any software banned at the federal
level.
B. All software used in state infrastructure located within or
serving Oklahoma shall not include any software produced in or by a
foreign adversary, a state -owned enterprise of a foreign adversary,
or a company domiciled within a foreign adversary.
C. All software used in state infrastructure in operation
within or serving Oklaho ma, to include any state infrastructure
which is not permanently disabled, sha ll have all software
prohibited by subsection A or B of this section removed and replaced
with software which is not prohibited by subsection A or B of this
section.
D. Any state infrastructure provider that removes,
discontinues, or replaces any prohibited software shall not be
required to obtain any additional permits from any state agency or
political subdivision for the removal, discontinuance, or
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replacement of such software as long as the state agency or
political subdivision is properly notified of the necessary
replacements and the replacement software is similar to the existing
software.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13004 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Office of the Attorney General shall establish a process
by which local officials, states officials, or other persons may
submit information or concerns to the Office regarding non -notified
transactions in Oklahoma. The Office of the Attorney General may
adopt any necessary rules to implement the provisions of this
subsection.
B. The Office of the Attorney General may submit a mem orandum
or report concerning non -notified transactions the Attorney General
has identified in Oklahoma to the Committee on Foreign Investment in
the United States.
C. The Office of the Attorney General shall:
1. Retain a copy of any documents submitted t o the Committee on
Foreign Investment in the United States that are included w ith a
memorandum or report submitted under the provisions of subsection B
of this section; and
2. Notify the Legislature and the Governor as soon as
practicable after submitting a memorandum, report, or other
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information pursuant to the provisions of subsection B of this
section.
SECTION 10. This act shall become effective November 1, 2025.
60-1-1107 CN 1/16/2025 11:08:22 AM