Struck = removed from the bill ·
added = the amendment's new text.
STATEHB4193 OFPOLREC-AMD1 OKLAHOMAMark 2ndChapman-MAH Session2/23/2026 of4:34:11 thepm 60thCOMMITTEE LegislatureAMENDMENT (2026)HOUSE POLICYOF COMMITTEEREPRESENTATIVES RECOMMENDATIONState FORof HOUSEOklahoma BILLSPEAKER: NO.
4193CHAIR: By:
ChapmanI move to amend HB4193 Of the printed Bill Page 6 8Section POLICY3 COMMITTEELines RECOMMENDATION4 An1/2 ActOf relatingthe toEngrossed stateBill procurement;By inserting the following language:
creating"E. the Procurement Protection Act of 2026;
definingThis terms;act does not apply to a company, including a third party vendor, that is in compliance with the Secure and Trusted Communications Networks Act of 2019, P.L.
prohibiting116-124." certainAMEND entitiesTITLE fromTO enteringCONFORM intoTO contractsAMENDMENTS withAmendment certainsubmitted companies;by:
requiringMark certainChapman disclosureAdopted: statements;
providing_____________________________ penalties;______________________Reading Clerk___
providing exceptions to certain prohibitions;
providing for noncodification;
providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 "Procurement Protection Act of 2026".
SECTION 2.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 85.59 of Title 74, unless there is created a duplication in numbering, reads as follows:
As used in this act:
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"Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations that exist for the purpose of making profit;
2.
"Control" means:
a.
control as defined in the Investment Company Act of 1940, 15 U.S.C., Section 80a-2(a), or b in the case of a company domiciled in the People’s Republic of China, involvement in a company’s governance structure, monitoring, or internal human resources decisions of a company consistent with the objectives set out in the Opinion on Strengthening the United Front Work of the Private Economy in the New Era issued by the General Office of the Central Committee of the Chinese Communist Party (2020) or a successor or similar document;
3.
"Domicile" means the country in which a company is registered, the company’s affairs are primarily completed, and where the majority of ownership share is held;
4.
"Federally banned corporation" means any company producing designated equipment federally banned currently or banned after the Req.
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Such bans shall include those resulting from, but not limited to, the following federal agencies and acts:
a.
the Federal Communications Commission, including, but not limited to, any equipment or service deemed to pose a threat to national security identified on the Covered List developed pursuant to 47 C.F.R., Section 1.50002 and published by the Public Safety and Homeland Security Bureau of the Federal Communications Commission pursuant to the federal Secure and Trusted Communications Networks Act of 2019, 47 U.S.C., Section 1601 et seq., b.
the United States Department of Commerce, c.
the Cybersecurity and Infrastructure Security Agency, d.
the Federal Acquisition Security Council, and e.
Section 889 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, P.
L.
115-232;
5.
"Foreign adversary" means adversarial nations including the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, and the Syrian Arab Republic;
and 6.
"Foreign adversary company" means any company, other than a United States person or United States subsidiary as such terms are defined in 15 C.F.R., Section 772.1, that:
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is domiciled, incorporated, issued, or listed in a foreign adversary country, b.
is headquartered in a foreign adversary country, c.
has its principal place of business in a foreign adversary country, d.
is controlled by the government of a foreign adversary or any instrumentality thereof, or e.
is majority-owned by an entity controlled by the government of a foreign adversary or any instrumentality thereof.
If a parent company does not meet any of the criteria set forth in this paragraph and does not recognize more than fifty percent (50%) of the total annual global revenue of the parent company and subsidiaries from a foreign adversary, such parent company shall not be considered a foreign adversary company.
SECTION 3.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 85.59a of Title 74, unless there is created a duplication in numbering, reads as follows:
A.
Except as provided under subsection D of this section, the following companies shall be ineligible to bid on or submit a proposal for a contract with a state agency for goods or services:
1.
A state-owned enterprise of a foreign adversary;
2.
A company domiciled within a foreign adversary;
3.
A foreign adversary company;
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A federally banned corporation.
B.
A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a company listed under subsection A of this section.
C.
If the Director of the Office of Management and Enterprise Services determines that a company has knowingly submitted a false certification under subsection B of this section:
1.
The company shall be liable for a civil penalty in an amount that is equal to Two Hundred Fifty Thousand Dollars ($250,000.00) or twice the amount of the contract for which a bid or proposal was submitted, whichever is greater;
2.
The state agency or the Office of Management and Enterprise Services shall terminate the contract with the company;
and 3.
The company shall be ineligible to, and shall not, bid on a state contract for sixty (60) months and shall provide proof of ownership change to the State Purchasing Director before being eligible again to bid on state contracts.
D.
Notwithstanding the provisions of subsection B of this section, a state agency may enter into a contract for goods manufactured by a company listed under subsection A of this section if:
1.
There is no other reasonable option for procuring the good;
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The contract is pre-approved by the Director of the Office of Management and Enterprise Services after a determination that not procuring the good would pose a greater threat to this state than the threat associated with the procurement.
SECTION 4.
This act shall become effective November 1, 2026.
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