NY State Senate Bill 2019-S7584A

Senate Bill S7584A

2019-2020 Legislative Session

Relates to prohibiting the procurement of telecommunications equipment, products, or services which originate from Chinese entities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2020	print number 7584a
Mar 02, 2020	amend (t) and recommit to finance
Jan 28, 2020	referred to finance

Bill Amendments

Original

A (Active)

2019-S7584 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §163-b, Exec L

2019-S7584 - Summary

Prohibits the procurement of telecommunications equipment, products, or services which originate from certain Chinese entities and allows for the department of homeland security and emergency services in consultation with the secretary of state to add additional prohibitions.

2019-S7584 - Sponsor Memo

                                
 
BILL NUMBER: S7584

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting the
procurement of telecommunications equipment or services which originate
from Chinese entities

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the purchase of telecommunication equipment or services from
Chinese entities

 
SUMMARY OF PROVISIONS:

Section 1: Amends the executive law to prohibit the state from entering
into contracts for telecommunications equipment or services with certain
Chinese companies and allows the director of the department of homeland
security and emergency services and secretary of state to designate
additional entities as prohibited. Subsection 3 requires the state to

prioritize funds and support to assisting government entities in transi-
tioning away from transactions with prohibited Chinese entities. This
section does not apply if the prohibited Chinese entity is providing
backhaul, roaming, or interconnection arrangements or the telecommuni-
cation equipment cannot route or redirect user data. A state entity may
apply for a waiver for additional time to comply with the section by
submitting a compelling justification and full description of the equip-
ment and services provided by the prohibited Chinese entity. Waivers are
valid for up to two years.

Section 2: The effective date.

 
JUSTIFICATION:

Federal prosecutors in the US Attorney's Office for the Eastern District
of New York recently took action against a company on Long Island that
was purchasing Chinese-made surveillance and security equipment and
selling this equipment to US Government contractors under the guise that
the equipment was made in the United States.  According to Newsday, this
company imported 1,000 shipments of Chinese-made surveillance cameras to
the United States in the past ten years. This scheme made New Yorkers
less safe, and compromised US national security, leaving the US Govern-
ment vulnerable to potential cyberattacks. Protecting the safety of New
Yorkers is a key responsibility of New York State. While the federal
government is primarily responsible for national security matters, there
are actions that New York can take to improve resident safety. This bill
prohibits the state from entering into contracts for telecommunications
equipment or services from Chinese companies, and allows state officials
to expand the list if need be. This also bill provides flexibility to
state entities to comply with this requirement so that New Yorkers'
safety is strengthened without burdening state agencies.

 
PRIOR LEGISLATIVE HISTORY:

2019: New Bill.

 
EFFECTIVE DATE:
90 days after it becomes a law.

2019-S7584 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7584
 
                             I N  S E N A T E
 
                             January 28, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the  executive  law,  in  relation  to  prohibiting  the
   procurement  of  telecommunications equipment or services which origi-
   nate from Chinese entities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 163-b
 to read as follows:
   § 163-B.  RESTRICTION  ON  CONTRACTS  FOR  CERTAIN  TELECOMMUNICATIONS
 EQUIPMENT OR SERVICES ORIGINATING FROM CHINESE ENTITIES. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES" SHALL MEAN:
   (1)  TELECOMMUNICATIONS  EQUIPMENT MANUFACTURED BY HUAWEI TECHNOLOGIES
 COMPANY OR ZTE CORPORATION, OR ANY SUBSIDIARY OR AFFILIATE OF SUCH ENTI-
 TIES;
   (2) VIDEO SURVEILLANCE AND TELECOMMUNICATIONS EQUIPMENT USED  FOR  THE
 PURPOSE  OF  PUBLIC  SAFETY,  SECURITY OF STATE GOVERNMENT FACILITIES OR
 OTHER NATIONAL OR STATE SECURITY PURPOSES MANUFACTURED BY HYTERA  COMMU-
 NICATIONS  CORPORATION,  HANGZHOU  HIKVISION DIGITAL TECHNOLOGY COMPANY,
 DAHUA TECHNOLOGY COMPANY, OR ANY SUBSIDIARY OR AFFILIATE OF  SUCH  ENTI-
 TIES;
   (3) TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES PROVIDED BY SUCH
 ENTITIES AS REFERENCED IN THIS SUBDIVISION OR USING SUCH EQUIPMENT; OR
   (4)  TELECOMMUNICATIONS  OR  VIDEO  SURVEILLANCE EQUIPMENT OR SERVICES
 PRODUCED OR PROVIDED BY AN ENTITY THAT THE DIRECTOR OF THE DEPARTMENT OF
 HOMELAND SECURITY AND  EMERGENCY  SERVICES,  IN  CONSULTATION  WITH  THE
 SECRETARY  OF  STATE,  REASONABLY  BELIEVES  TO  BE  AN  ENTITY OWNED OR
 CONTROLLED BY, OR OTHERWISE CONNECTED TO, THE GOVERNMENT  OF  A  COVERED
 FOREIGN COUNTRY.
   (B)  "COVERED  FOREIGN  COUNTRY"  SHALL  MEAN THE PEOPLE'S REPUBLIC OF
 CHINA.
   (C) "INTERCONNECTION  ARRANGEMENT"  SHALL  MEAN  A  BUSINESS  CONTRACT
 BETWEEN  TELECOMMUNICATIONS  ORGANIZATIONS  FOR THE PURPOSE OF INTERCON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14748-01-0

 S. 7584                             2
 
 NECTING SUCH ORGANIZATIONS NETWORKS  AND  EXCHANGING  TELECOMMUNICATIONS
 TRAFFIC.
   2.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, THE STATE AND
 ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, AUTHORITY, OR ANY OTHER AGEN-
 CY OR INSTRUMENTALITY OF THE STATE SHALL NOT:
   (A) ENTER INTO A CONTRACT OR AGREEMENT TO PROCURE, OBTAIN,  EXTEND  OR
 RENEW  A CONTRACT TO PURCHASE OR OBTAIN ANY EQUIPMENT, SYSTEM OR SERVICE
 THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A SUBSTAN-
 TIAL OR ESSENTIAL COMPONENT OF ANY SYSTEM, OR AS CRITICAL TECHNOLOGY  AS
 PART OF ANY SYSTEM; OR
   (B)  ENTER  INTO  A CONTRACT OR AGREEMENT WITH AN ENTITY THAT USES ANY
 EQUIPMENT, SYSTEM OR SERVICE THAT USES COVERED TELECOMMUNICATIONS EQUIP-
 MENT OR SERVICES AS A SUBSTANTIAL OR ESSENTIAL COMPONENT OF ANY  SYSTEM,
 OR AS CRITICAL TECHNOLOGY AS PART OF ANY SYSTEM.
   3.  (A)  THE  STATE  AND  ANY  DEPARTMENT,  BUREAU, BOARD, COMMISSION,
 AUTHORITY, OR ANY OTHER AGENCY OR INSTRUMENTALITY OF THE STATE SHALL NOT
 OBLIGATE OR EXPEND LOAN OR GRANT FUNDS TO PROCURE OR OBTAIN,  EXTEND  OR
 RENEW  A  CONTRACT  TO PROCURE, OBTAIN, OR ENTER INTO, EXTEND OR RENEW A
 CONTRACT TO  PROCURE  OR  OBTAIN  THE  EQUIPMENT,  SERVICES  OR  SYSTEMS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   (B) IN FURTHERANCE OF PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE AND
 ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, AUTHORITY, OR ANY OTHER AGEN-
 CY  OR  INSTRUMENTALITY  OF THE STATE SHALL PRIORITIZE AVAILABLE FUNDING
 AND TECHNICAL SUPPORT TO ASSIST AFFECTED  BUSINESSES,  INSTITUTIONS  AND
 ORGANIZATIONS  AS IS REASONABLY NECESSARY FOR THOSE AFFECTED ENTITIES TO
 TRANSITION  FROM  COVERED  COMMUNICATIONS  EQUIPMENT  AND  SERVICES,  TO
 PROCURE  REPLACEMENT  EQUIPMENT AND SERVICES AS PART OF SUCH TRANSITIONS
 AND TO ENSURE THAT COMMUNICATIONS SERVICE  TO  USERS  AND  CUSTOMERS  IS
 SUSTAINED.
   4. SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY TO:
   (A)  THE STATE AND ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, AUTHORI-
 TY, OR ANY OTHER AGENCY OR INSTRUMENTALITY OF THE STATE CONTRACTING WITH
 AN ENTITY TO PROVIDE A SERVICE THAT CONNECTS  TO  THE  FACILITIES  OF  A
 THIRD-PARTY,  INCLUDING, BUT NOT LIMITED TO, BACKHAUL, ROAMING OR INTER-
 CONNECTION ARRANGEMENTS; OR
   (B) TELECOMMUNICATIONS EQUIPMENT THAT CANNOT ROUTE  OR  REDIRECT  USER
 DATA  TRAFFIC  OR  PERMIT  VISIBILITY INTO ANY USER DATA OR PACKETS THAT
 SUCH EQUIPMENT TRANSMITS OR OTHERWISE HANDLES.
   5. (A) THE HEAD OF ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, AUTHORI-
 TY, OR ANY OTHER AGENCY OR INSTRUMENTALITY OF  THE  STATE  MAY  CONSIDER
 WAIVER  REQUESTS  AND MAY GRANT SUCH WAIVER TO A REQUESTING ENTITY WHICH
 SHALL WAIVE THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION IF  SUCH
 ENTITY:
   (1)  PROVIDES  A  COMPELLING  JUSTIFICATION  FOR ADDITIONAL TIME TO BE
 GRANTED TO COMPLY WITH THE  REQUIREMENTS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION; AND
   (2)  INCLUDES  IN  SUCH  WAIVER A FULL AND COMPLETE DESCRIPTION OF THE
 PRESENCE OF COVERED TELECOMMUNICATIONS OR VIDEO  SURVEILLANCE  EQUIPMENT
 OR SERVICES IN SUCH ENTITY'S SUPPLY CHAIN AND A PHASE-OUT PLAN TO ELIMI-
 NATE  SUCH COVERED TELECOMMUNICATIONS OR VIDEO SURVEILLANCE EQUIPMENT OR
 SERVICES FROM SUCH ENTITY'S SYSTEMS.
   (B) ANY WAIVER GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE VALID FOR
 A PERIOD OF NOT MORE THAN TWO YEARS FROM THE TIME SUCH WAIVER IS  GRANT-
 ED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2019-S7584A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §163-b, Exec L

2019-S7584A (ACTIVE) - Summary

2019-S7584A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7584A

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting the
procurement of telecommunications equipment, products, or services which
originate from Chinese entities

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the purchase of telecommunication equipment, products or
services from entities that compromise the cyber-security of the state
government

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law to prohibit the state from entering
into contracts for telecommunications equipment, products or services
with certain Chinese companies and allows the director of the department
of homeland security and emergency services and the secretary of state

to designate additional entities to be covered by the prohibition.
Subsection 1 details definitions, including that of "covered telecommu-
nications equipment, products, or services", which includes those enti-
ties barred by the provisions of section 515 of Public Law 113-76, 28
Stat. 80-81, the Consolidated Appropriations Act of 2014. Subsection 2
states the prohibition. Subsection 3 requires the state to prioritize
funds to assist government entities in transitioning away from trans-
actions with prohibited Chinese entities. Subdivision 4 states that this
section does not apply if the prohibited entity is providing backhaul,
roaming, or interconnection arrangements or the telecommunication equip-
ment cannot route or redirect user data. According to subdivision 5, a
state entity may apply for a waiver for additional time to comply with
the section by submitting a compelling justification and full
description of the equipment and services provided by the prohibited
entity. Waivers are valid for up to two years.

Section 2 provides the effective date.

 
JUSTIFICATION:

Federal prosecutors in the US Attorney's Office for the Eastern District
of New York recently took action against a company on Long Island that
was purchasing Chinese-made surveillance and security equipment and
selling this equipment to US Government contractors under the guise that
the equipment was made in the United States.  According to Newsday, this
company imported 1,000 shipments of Chinese-made surveillance cameras to
the United States in the past ten years. This scheme compromised US
national security by making it vulnerable to potential cyber-attacks,
making New Yorkers less safe.  Protecting the safety of New Yorkers is a
key responsibility of New York State. While the federal government is
primarily responsible for national security matters, there are actions
that New York can take.  This bill prohibits the state from entering
into contracts for telecommunications equipment, products or services
produced by Chinese entities and allows state officials to expand the
list if need be. This bill will make New York safer, as it will limit
opportunities for foreign countries to engage in cyberattacks. This bill
also provides flexibility to state entities to comply with this require-

ment so that New Yorkers' safety is strengthened without burdening state
agencies.

 
PURPOSE OF AMENDMENT:

Including the term "product" in the bill definitions expands the scope
of the prohibition, further limiting opportunities for foreign cyber-at-
tacks. Also, by including equipment, products or services covered in the
Consolidated Appropriations Act of 2014 in the definition of "covered
telecommunications equipment, products or services", this bill captures
entities, other than Chinese controlled entities, that are known to have
compromised security systems, some of which are currently being used by
state entities.

 
PRIOR LEGISLATIVE HISTORY:

2019: New Bill.

 
EFFECTIVE DATE:
90 days after it becomes a law.

2019-S7584A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7584--A
 
                             I N  S E N A T E
 
                             January 28, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  executive  law,  in relation to prohibiting the
   procurement of telecommunications  equipment,  products,  or  services
   which originate from Chinese entities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  163-b
 to read as follows:
   §  163-B.  RESTRICTION  ON  CONTRACTS  FOR  CERTAIN TELECOMMUNICATIONS
 EQUIPMENT, PRODUCTS, OR SERVICES ORIGINATING FROM CHINESE ENTITIES  THAT
 POSE  A  CYBER  SECURITY  THREAT.  1.  FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED  TELECOMMUNICATIONS  EQUIPMENT,  PRODUCTS,  OR  SERVICES"
 SHALL MEAN:
   (1)  TELECOMMUNICATIONS  EQUIPMENT MANUFACTURED BY HUAWEI TECHNOLOGIES
 COMPANY OR ZTE CORPORATION, OR ANY SUBSIDIARY OR AFFILIATE OF SUCH ENTI-
 TIES;
   (2) VIDEO SURVEILLANCE AND TELECOMMUNICATIONS EQUIPMENT USED  FOR  THE
 PURPOSE  OF  PUBLIC  SAFETY,  SECURITY OF STATE GOVERNMENT FACILITIES OR
 OTHER NATIONAL OR STATE SECURITY PURPOSES MANUFACTURED BY HYTERA  COMMU-
 NICATIONS  CORPORATION,  HANGZHOU  HIKVISION DIGITAL TECHNOLOGY COMPANY,
 DAHUA TECHNOLOGY COMPANY, OR ANY SUBSIDIARY OR AFFILIATE OF  SUCH  ENTI-
 TIES;
   (3) TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES PROVIDED BY SUCH
 ENTITIES AS REFERENCED IN THIS SUBDIVISION OR USING SUCH EQUIPMENT; OR
   (4)  TELECOMMUNICATIONS  OR  VIDEO  SURVEILLANCE EQUIPMENT OR SERVICES
 PRODUCED OR PROVIDED BY AN ENTITY THAT THE DIRECTOR OF THE DEPARTMENT OF
 HOMELAND SECURITY AND  EMERGENCY  SERVICES,  IN  CONSULTATION  WITH  THE
 SECRETARY  OF  STATE,  REASONABLY  BELIEVES  TO  BE  AN  ENTITY OWNED OR
 CONTROLLED BY, OR OTHERWISE CONNECTED TO, THE GOVERNMENT  OF  A  COVERED
 FOREIGN COUNTRY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14748-02-0

 S. 7584--A                          2
 
   (5)  EQUIPMENT,  PRODUCTS, OR SERVICES COVERED UNDER THE PROVISIONS OF
 SECTION 515 OF PUBLIC LAW  113-76,  28  STAT.  80-81,  THE  CONSOLIDATED
 APPROPRIATIONS ACT, 2014, FOUND TO POSE A CYBER SECURITY THREAT.
   (B)  "COVERED  FOREIGN  COUNTRY"  SHALL  MEAN THE PEOPLE'S REPUBLIC OF
 CHINA.
   (C) "INTERCONNECTION  ARRANGEMENT"  SHALL  MEAN  A  BUSINESS  CONTRACT
 BETWEEN  TELECOMMUNICATIONS  ORGANIZATIONS  FOR THE PURPOSE OF INTERCON-
 NECTING SUCH ORGANIZATIONS NETWORKS  AND  EXCHANGING  TELECOMMUNICATIONS
 TRAFFIC.
   2.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, THE STATE AND
 ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, AUTHORITY, OR ANY OTHER AGEN-
 CY OR INSTRUMENTALITY OF THE STATE SHALL NOT:
   (A) ENTER INTO A CONTRACT OR AGREEMENT TO PROCURE, OBTAIN,  EXTEND  OR
 RENEW  A  CONTRACT TO PURCHASE OR OBTAIN ANY EQUIPMENT, PRODUCTS, SYSTEM
 OR SERVICE THAT USES COVERED TELECOMMUNICATIONS EQUIPMENT,  PRODUCTS  OR
 SERVICES  AS  A  SUBSTANTIAL OR ESSENTIAL COMPONENT OF ANY SYSTEM, OR AS
 CRITICAL TECHNOLOGY AS PART OF ANY SYSTEM; OR
   (B) ENTER INTO A CONTRACT OR AGREEMENT WITH AN ENTITY  THAT  USES  ANY
 EQUIPMENT,  PRODUCT,  SYSTEM  OR  SERVICE THAT USES COVERED TELECOMMUNI-
 CATIONS EQUIPMENT OR SERVICES AS A SUBSTANTIAL OR ESSENTIAL COMPONENT OF
 ANY SYSTEM, OR AS CRITICAL TECHNOLOGY AS PART OF ANY SYSTEM.
   3. (A) THE  STATE  AND  ANY  DEPARTMENT,  BUREAU,  BOARD,  COMMISSION,
 AUTHORITY, OR ANY OTHER AGENCY OR INSTRUMENTALITY OF THE STATE SHALL NOT
 OBLIGATE  OR  EXPEND LOAN OR GRANT FUNDS TO PROCURE OR OBTAIN, EXTEND OR
 RENEW A CONTRACT TO PROCURE, OBTAIN, OR ENTER INTO, EXTEND  OR  RENEW  A
 CONTRACT  TO  PROCURE  OR  OBTAIN  THE  EQUIPMENT, PRODUCTS, SERVICES OR
 SYSTEMS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   (B) IN FURTHERANCE OF PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE AND
 ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, AUTHORITY, OR ANY OTHER AGEN-
 CY OR INSTRUMENTALITY OF THE STATE SHALL  PRIORITIZE  AVAILABLE  FUNDING
 AND  TECHNICAL  SUPPORT  TO ASSIST AFFECTED BUSINESSES, INSTITUTIONS AND
 ORGANIZATIONS AS IS REASONABLY NECESSARY FOR THOSE AFFECTED ENTITIES  TO
 TRANSITION   FROM   COVERED   COMMUNICATIONS  EQUIPMENT,  PRODUCTS,  AND
 SERVICES, TO PROCURE REPLACEMENT EQUIPMENT, PRODUCTS,  AND  SERVICES  AS
 PART  OF  SUCH  TRANSITIONS AND TO ENSURE THAT COMMUNICATIONS SERVICE TO
 USERS AND CUSTOMERS IS SUSTAINED.
   4. SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY TO:
   (A) THE STATE AND ANY DEPARTMENT, BUREAU, BOARD, COMMISSION,  AUTHORI-
 TY, OR ANY OTHER AGENCY OR INSTRUMENTALITY OF THE STATE CONTRACTING WITH
 AN  ENTITY  TO  PROVIDE  A  SERVICE THAT CONNECTS TO THE FACILITIES OF A
 THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, BACKHAUL, ROAMING OR  INTER-
 CONNECTION ARRANGEMENTS; OR
   (B)  TELECOMMUNICATIONS  EQUIPMENT  THAT CANNOT ROUTE OR REDIRECT USER
 DATA TRAFFIC OR PERMIT VISIBILITY INTO ANY USER  DATA  OR  PACKETS  THAT
 SUCH EQUIPMENT TRANSMITS OR OTHERWISE HANDLES.
   5. (A) THE HEAD OF ANY DEPARTMENT, BUREAU, BOARD, COMMISSION, AUTHORI-
 TY,  OR  ANY  OTHER  AGENCY OR INSTRUMENTALITY OF THE STATE MAY CONSIDER
 WAIVER REQUESTS AND MAY GRANT SUCH WAIVER TO A REQUESTING  ENTITY  WHICH
 SHALL  WAIVE THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION IF SUCH
 ENTITY:
   (1) PROVIDES A COMPELLING JUSTIFICATION  FOR  ADDITIONAL  TIME  TO  BE
 GRANTED  TO  COMPLY  WITH  THE  REQUIREMENTS  OF SUBDIVISION TWO OF THIS
 SECTION; AND
   (2) INCLUDES IN SUCH WAIVER A FULL AND  COMPLETE  DESCRIPTION  OF  THE
 PRESENCE  OF COVERED TELECOMMUNICATIONS OR VIDEO SURVEILLANCE EQUIPMENT,
 PRODUCTS, OR SERVICES IN SUCH ENTITY'S SUPPLY CHAIN AND A PHASE-OUT PLAN

 S. 7584--A                          3
 
 TO ELIMINATE  SUCH  COVERED  TELECOMMUNICATIONS  OR  VIDEO  SURVEILLANCE
 EQUIPMENT, PRODUCTS, OR SERVICES FROM SUCH ENTITY'S SYSTEMS.
   (B) ANY WAIVER GRANTED PURSUANT TO THIS SUBDIVISION SHALL BE VALID FOR
 A  PERIOD OF NOT MORE THAN TWO YEARS FROM THE TIME SUCH WAIVER IS GRANT-
 ED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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