§ 103-H — Restriction on purchasing certain technology which poses a security threat

* § 103-h. Restriction on purchasing certain technology which poses a\nsecurity threat. 1. (a) Notwithstanding any inconsistent provision of\nlaw a political subdivision shall not enter into or renew any contract\nor agreement to procure information and communications technology,\nincluding hardware, systems, devices, software, or services that include\nembedded or incidental information technology, which are prohibited from\nfederal procurement pursuant to section 889 of Public Law 115-232 of\n2018, or which are included on the list created pursuant to subdivision\ntwo of section one hundred sixty-three-e of the state finance law.\n (b) The term "information and communications technology" means:\n (i) information technology, as defined in 40 U.S.C. 11101;\n (ii) information systems, as defined in 44 U.S.C. 3502; and\n (iii) telecommunications equipment and telecommunications services, as\nthose terms are defined in section 3 of the Communications Act of 1934\n(47 U.S.C. 153).\n 2. The commissioner of homeland security and emergency services, the\ncommissioner of the office of general services, the adjutant general,\nthe chief information officer, the chief cyber officer, the chief\ntechnology officer of the city of New York and any federal agency\nauthorized under section 889 of Public Law 115-232 of 2018, may provide\na waiver from this section if:\n (a) any such entity determines the waiver is in the interest of the\npolitical subdivision;\n (b) no compliant product or service is available to be procured as,\nand when, needed at United States market prices or a price that is not\nconsidered prohibitively expensive; and\n (c) such waiver could not reasonably be expected to compromise the\nsecurity or integrity of a computer network operated by an\ninstrumentality of the state.\n 4. Nothing in this section shall be construed:\n (a) to require any information and communications technology resident\nin equipment, systems, or services as of the day before the effective\ndate of this section to be removed or replaced;\n (b) to prohibit or limit the utilization of such information and\ncommunications technology throughout the lifecycle of such existing\nequipment; or\n (c) to require the recipient of a state contract, grant, loan, or loan\nguarantee to replace information and communications technology resident\nin equipment, systems, or services before the effective date of this\nsection.\n * NB Effective December 19, 2027\n