N.Y. State Finance Law § 163-e: Restriction on purchasing certain technology which poses a security threat

* § 163-e. Restriction on purchasing certain technology which poses a

security threat. 1. (a) Notwithstanding any inconsistent provision of

law, the state and any department, bureau, board, commission, authority,

and any other agency or instrumentality of the state shall not enter

into or renew any contract or agreement to procure 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.

(b) The term "technology" shall have the same meaning as such term is

defined in subdivision ten of section one hundred sixty of this article.

2. The office of information technology services shall, in

consultation with the division of homeland security and emergency

services and the office of general services, establish and update

regularly a list of restricted technology. Technology on this list shall

not be procured by any state agency, state or local authority, or

political subdivision unless a waiver is issued pursuant to subdivision

three of this section or the office of information technology services

determines that the technology shall only be restricted in limited

circumstances.

The list shall:

(a) contain technologies that pose a security risk to the state of New

York or its political subdivisions. In determining whether technology

poses such a risk, the office of information technology services shall

consult relevant federal sources, including the department of defense

inspector general report no. DODIG-2019-106, as well as any other source

that shall be determined to be relevant; and

(b) be published online and communicated to all relevant procurement

officers in all state agencies, state authorities, and political

subdivisions.

3. The office of information technology services, in collaboration

with the division of homeland security and emergency services, the

office of general services, the division of military and naval affairs,

and the chief cyber officer, may provide a waiver from this section if:

(a) any such entity determines the waiver is in the interests of the

state or 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.

(d) Any state agency, state or local authority, or political

subdivision seeking a waiver from any federal agency authorized under

section 889 of Public Law 115-232 of 2018 must provide notice of any

such waiver granted to the office of information technology services

within thirty days of waiver approval.

4. An unmanned aerial vehicle or other equipment or service relating

to the operation of an unmanned aerial vehicle from a business or entity

that would otherwise be subject to restriction under subdivision one or

two of this section must be exempt from such restriction if:

(a) any photograph, image, recording or other information collected by

the state agency, state or local authority, or political subdivision

from the operation of the unmanned aerial vehicle or other equipment or

service relating to the operation of the unmanned aerial vehicle:

(i) is stored and maintained exclusively within the United States; and

(ii) is not accessible to the business or entity that would otherwise

be subject to restriction; or

(iii) is operated using software developed and maintained in the

United States.

(b) the provisions of this subdivision shall not be construed to

discourage the purchase or acquisition of any unmanned aerial vehicle or

other equipment or service relating to the operation of an unmanned

aerial vehicle that is manufactured in the United States.

5. Nothing in this section shall be construed:

(a) to require any 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 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 technology resident in equipment, systems, or

services before the effective date of this section.

* NB Effective December 19, 2027