N.Y. STF Law § 163-E — New York Code / Act STF / Article 11 / Section 163-E
Restriction on purchasing certain technology which poses a security threat
Status: in_force

* § 163-e. Restriction on purchasing certain technology which poses a\nsecurity threat. 1. (a) Notwithstanding any inconsistent provision of\nlaw, the state and any department, bureau, board, commission, authority,\nand any other agency or instrumentality of the state shall not enter\ninto or renew any contract or agreement to procure technology, including\nhardware, systems, devices, software, or services that include embedded\nor incidental information technology, which are prohibited from federal\nprocurement pursuant to section 889 of Public Law 115-232 of 2018.\n  (b) The term "technology" shall have the same meaning as such term is\ndefined in subdivision ten of section one hundred sixty of this article.\n  2. The office of information technology services shall, in\nconsultation with the division of homeland security and emergency\nservices and the office of general services, establish and update\nregularly a list of restricted technology. Technology on this list shall\nnot be procured by any state agency, state or local authority, or\npolitical subdivision unless a waiver is issued pursuant to subdivision\nthree of this section or the office of information technology services\ndetermines that the technology shall only be restricted in limited\ncircumstances.\n  The list shall:\n  (a) contain technologies that pose a security risk to the state of New\nYork or its political subdivisions. In determining whether technology\nposes such a risk, the office of information technology services shall\nconsult relevant federal sources, including the department of defense\ninspector general report no. DODIG-2019-106, as well as any other source\nthat shall be determined to be relevant; and\n  (b) be published online and communicated to all relevant procurement\nofficers in all state agencies, state authorities, and political\nsubdivisions.\n  3. The office of information technology services, in collaboration\nwith the division of homeland security and emergency services, the\noffice of general services, the division of military and naval affairs,\nand the chief cyber officer, may provide a waiver from this section if:\n  (a) any such entity determines the waiver is in the interests of the\nstate or political 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  (d) Any state agency, state or local authority, or political\nsubdivision seeking a waiver from any federal agency authorized under\nsection 889 of Public Law 115-232 of 2018 must provide notice of any\nsuch waiver granted to the office of information technology services\nwithin thirty days of waiver approval.\n  4. An unmanned aerial vehicle or other equipment or service relating\nto the operation of an unmanned aerial vehicle from a business or entity\nthat would otherwise be subject to restriction under subdivision one or\ntwo of this section must be exempt from such restriction if:\n  (a) any photograph, image, recording or other information collected by\nthe state agency, state or local authority, or political subdivision\nfrom the operation of the unmanned aerial vehicle or other equipment or\nservice relating to the operation of the unmanned aerial vehicle:\n  (i) is stored and maintained exclusively within the United States; and\n  (ii) is not accessible to the business or entity that would otherwise\nbe subject to restriction; or\n  (iii) is operated using software developed and maintained in the\nUnited States.\n  (b) the provisions of this subdivision shall not be construed to\ndiscourage the purchase or acquisition of any unmanned aerial vehicle or\nother equipment or service relating to the operation of an unmanned\naerial vehicle that is manufactured in the United States.\n  5. Nothing in this section shall be construed:\n  (a) to require any technology resident in equipment, systems, or\nservices as of the day before the effective date of this section to be\nremoved or replaced;\n  (b) to prohibit or limit the utilization of such technology throughout\nthe lifecycle of such existing equipment; or\n  (c) to require the recipient of a state contract, grant, loan, or loan\nguarantee to replace technology resident in equipment, systems, or\nservices before the effective date of this section.\n  * NB Effective December 19, 2027\n