Okla. Admin. Code § 1:2024-11

Current through Vol. 42, No. 4, November 1, 2024

Section 1:2024-11

EXECUTIVE ORDER 2024-11

WHEREAS, U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency Executive Director Brandon Wales stated "Chinese attempts to compromise U.S. critical infrastructure are in part to pre-position themselves to be able to disrupt or destroy that critical infrastructure in the event of a conflict" on December 11, 2023; and

WHEREAS, the Office of the Director of National Intelligence stated, in 2022, that "China presents the broadest, most active, and persistent cyber espionage threat to U.S. Government and private sector networks"; and

WHEREAS, the U.S. Department of Commerce promulgated an interim final rule in January 2021 that contained a list of "foreign adversaries," including China, Iran, North Korea, Russia, Cuba and Venezuelan dictator Nicolas Maduro because "they have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of United States persons." Securing the Information and Communications Technology and Services Supply Chain, 86 Fed. Reg. 4914 (Mar. 22, 2021); and

WHEREAS, the technology products and services most vulnerable to malicious foreign exploitation are sold by companies that the Chinese government influences through whole or partial ownership, direct funding, or members planted in high-ranking company positions; and

WHEREAS, U.S. officials have confirmed that at least some of these technology products and services contain serious vulnerabilities, including malicious codes, capability to store critical network credentials and other sensitive information, and preinstalled hidden hardware and software that are used by the Chinese government for espionage activities; and

WHEREAS, the Chinese government already uses backdoor access to technology products including communications devices, DNA sequencing devices, drones, internet connectivity devices, laser detection and ranging devices, software applications to surveil, track, harass, and victimize their own citizens; and

WHEREAS, the Chinese people are the first and greatest victims of the Communist Party of China, which actively harasses and represses Asians, Chinese dissidents within America, and American citizens and residents, and that these Asians, Chinese dissidents within America, and American citizens and residents deserve the utmost respect, security and protection that can be afforded to them within the United States and by the State of Oklahoma; and

WHEREAS, procurement for critical technologies and supplies, from transformers to key source materials (KSMs) for antibiotic medication, is single sourced from China and will become unavailable in the event of a Indo-Pacific conflict; and

WHEREAS, the Select Committee on the CCP noted that "never before has the United States faced a geopolitical adversary with which it is so economically interconnected."; and

WHEREAS, there is a high likelihood that foreign adversaries would use any benefits derived from the State's retirement system funds to further nefarious purposes, posing a danger to all Oklahomans.

NOW THEREFORE, I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power and authority vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution, and to the fullest extent permitted by law, hereby order as follows:

Section 1. It is the policy of my administration that the State under my direction:

Supports the civilian and military command of the United States of America and its efforts to promote and maintain prosperity, peace and security for America and her allies; and

Enhances the defensive posture of the State so as to protect State citizens and assets and to contribute to the broader defensive posture of the United States of America by reducing security vulnerabilities within the State; and

Exercises foresight and makes reasonable preparations for a potential regional or global conflict centered on the Indo-Pacific which could involve attacks upon the United States and her allies, asymmetrical attacks on the American homeland, and the disruption or complete severing of supply chains between the State and its vendors and the People's Republic of China, the Republic of China, or other countries in the Indo-Pacific; and

Protects Asians, Chinese dissidents within Oklahoma, and other Oklahomans, particularly those who are targeted by China's communist regime; and

Proactively protects against all forms of Chinese Communist Party malign influences.

Section 2. I direct the Executive Director of the Office of Management and Enterprise Services ("OMES") to administer an annual state risk assessment so long as I am Governor of this State. This assessment shall include all substantial risks to state or national security, including but not limited to vulnerability to cybersecurity attacks; state or national economic security; and state or national public health, including but not limited to grid and water infrastructure security, or any combination thereof, occurring within and threatening the State.

Section 3. I direct the Executive Director of OMES to conduct an audit of all critical procurements purchased or supplied to the State through a state supply chain or state vendor supply chain.

Section 4. I direct all employees and officers managing funds in my administration, including the state's retirement systems, to notify the Treasurer no later than ninety (90) days from the date of this Executive Order of all state assets at risk of substantially losing value or being frozen, seized, or appropriated by foreign adversaries in the event of an Indo-Pacific conflict. I further direct the state's retirement systems to review their portfolios to determine any exposure to, or investment in, countries considered foreign adversaries. For any assets so identified, the retirement systems shall, in coordination with the Treasurer, develop divestment plans and electronically submit them to the Governor, the Speaker of the Oklahoma House of Representatives, and the President Pro Tempore of the Oklahoma Senate within ninety (90) days of the notification regarding state assets at risk of substantially losing value or being frozen, seized, or appropriated by foreign adversaries in the event of an Indo-Pacific conflict.

Section 5. I direct the Executive Director of OMES to administer a study identifying and assessing areas of state vulnerability related to the security, economic stability, and public health and safety of this State which would come under threat in the event of a potential Indo-Pacific conflict. This shall include an assessment of vulnerabilities in state critical infrastructure, telecommunications infrastructure, military installations, supply chains, cybersecurity, public safety and security, and public health, and any other areas of concern identified by the Executive Director of OMES.

Section 6. On or before February 1, 2025, and on or before each February 1 annually thereafter, three reports-

(1) the state risk assessment administered by the Executive Director of OMES,

(2) the audit of funds conducted by the State Treasurer, and

(3) the vulnerability and security assessment conducted by the Executive Director of OMES shall be electronically submitted to the Governor, the Speaker of the Oklahoma House of Representatives, and the President Pro Tempore of the Oklahoma Senate.

Section 7. All Executive departments, officers, agencies, and employees of the State shall cooperate with OMES, the State Treasurer's Office, and/or the state's retirement systems, including providing any information, data, records, and reports as may be requested.

Section 8. If any provision of this Executive Order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of the Order and the applicability of its other provisions to any other persons or circumstances shall not be affected thereby.

Section 9. This Executive Order shall be distributed to the Director of OMES, the State Treasurer, the chairs of the boards of the state's retirement systems, and all cabinet secretaries.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 13th day of June, 2024.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

J. KEVIN STITT

ATTEST:

Josh Cockroft

SECRETARY OF STATE

Okla. Admin. Code § 1:2024-11

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 6/14/2024