Legislation
SECTION 103-H
Restriction on purchasing certain technology which poses a security threat
General Municipal (GMU) CHAPTER 24, ARTICLE 5-A
* § 103-h. Restriction on purchasing certain technology which poses a
security threat. 1. (a) Notwithstanding any inconsistent provision of
law a political subdivision shall not enter into or renew any contract
or agreement to procure information and communications technology,
including hardware, systems, devices, software, or services that include
embedded or incidental information technology, which are prohibited from
federal procurement pursuant to section 889 of Public Law 115-232 of
2018, or which are included on the list created pursuant to subdivision
two of section one hundred sixty-three-e of the state finance law.
(b) The term "information and communications technology" means:
(i) information technology, as defined in 40 U.S.C. 11101;
(ii) information systems, as defined in 44 U.S.C. 3502; and
(iii) telecommunications equipment and telecommunications services, as
those terms are defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153).
2. The commissioner of homeland security and emergency services, the
commissioner of the office of general services, the adjutant general,
the chief information officer, the chief cyber officer, the chief
technology officer of the city of New York and any federal agency
authorized under section 889 of Public Law 115-232 of 2018, may provide
a waiver from this section if:
(a) any such entity determines the waiver is in the interest of the
political subdivision;
(b) no compliant product or service is available to be procured as,
and when, needed at United States market prices or a price that is not
considered prohibitively expensive; and
(c) such waiver could not reasonably be expected to compromise the
security or integrity of a computer network operated by an
instrumentality of the state.
4. Nothing in this section shall be construed:
(a) to require any information and communications technology resident
in equipment, systems, or services as of the day before the effective
date of this section to be removed or replaced;
(b) to prohibit or limit the utilization of such information and
communications technology throughout the lifecycle of such existing
equipment; or
(c) to require the recipient of a state contract, grant, loan, or loan
guarantee to replace information and communications technology resident
in equipment, systems, or services before the effective date of this
section.
* NB Effective December 19, 2028
security threat. 1. (a) Notwithstanding any inconsistent provision of
law a political subdivision shall not enter into or renew any contract
or agreement to procure information and communications technology,
including hardware, systems, devices, software, or services that include
embedded or incidental information technology, which are prohibited from
federal procurement pursuant to section 889 of Public Law 115-232 of
2018, or which are included on the list created pursuant to subdivision
two of section one hundred sixty-three-e of the state finance law.
(b) The term "information and communications technology" means:
(i) information technology, as defined in 40 U.S.C. 11101;
(ii) information systems, as defined in 44 U.S.C. 3502; and
(iii) telecommunications equipment and telecommunications services, as
those terms are defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153).
2. The commissioner of homeland security and emergency services, the
commissioner of the office of general services, the adjutant general,
the chief information officer, the chief cyber officer, the chief
technology officer of the city of New York and any federal agency
authorized under section 889 of Public Law 115-232 of 2018, may provide
a waiver from this section if:
(a) any such entity determines the waiver is in the interest of the
political subdivision;
(b) no compliant product or service is available to be procured as,
and when, needed at United States market prices or a price that is not
considered prohibitively expensive; and
(c) such waiver could not reasonably be expected to compromise the
security or integrity of a computer network operated by an
instrumentality of the state.
4. Nothing in this section shall be construed:
(a) to require any information and communications technology resident
in equipment, systems, or services as of the day before the effective
date of this section to be removed or replaced;
(b) to prohibit or limit the utilization of such information and
communications technology throughout the lifecycle of such existing
equipment; or
(c) to require the recipient of a state contract, grant, loan, or loan
guarantee to replace information and communications technology resident
in equipment, systems, or services before the effective date of this
section.
* NB Effective December 19, 2028