NY State Assembly Bill 2023-A9312B

Assembly Bill A9312B

2023-2024 Legislative Session

Relates to prohibiting the procurement of certain technology and products which pose a state or national security risk

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Current Bill Status - On Floor Calendar

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
Jun 06, 2024	ordered to third reading rules cal.503 rules report cal.503 reported reported referred to rules
Jun 04, 2024	reference changed to ways and means
Jun 02, 2024	print number 9312b
Jun 02, 2024	amend and recommit to governmental operations
May 17, 2024	print number 9312a
May 17, 2024	amend and recommit to governmental operations
Feb 27, 2024	referred to governmental operations

Bill Amendments

Original

B (Active)

co-Sponsors

2023-A9312 - Details

See Senate Version of this Bill:: S9364
Law Section:: State Finance Law
Laws Affected:: Add §163-e, St Fin L; add §103-h, Gen Muni L

2023-A9312 - Summary

Aligns state and local procurement laws with federal law prohibiting the procurement of certain information and communications technology and electronic parts or products which are determined to pose a risk to state and national security.

2023-A9312 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9312
 
                           I N  A S S E M B L Y
 
                             February 27, 2024
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT to amend the state finance law and the general municipal law, in
   relation to prohibiting procurement of certain technology  that  poses
   security threats
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The state finance law is amended by adding  a  new  section
 163-e to read as follows:
   §  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  INFORMATION  AND
 COMMUNICATIONS  TECHNOLOGY,  INCLUDING HARDWARE, SYSTEMS, DEVICES, SOFT-
 WARE, OR SERVICES THAT INCLUDE EMBEDDED OR INCIDENTAL INFORMATION  TECH-
 NOLOGY, WHICH ARE PROHIBITED FROM FEDERAL PROCUREMENT PURSUANT TO 41 USC
 4713.
   (B) THE TERM "INFORMATION AND COMMUNICATIONS TECHNOLOGY" MEANS:
   (I) INFORMATION TECHNOLOGY, AS DEFINED IN SECTION 11101 OF TITLE 40;
   (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. 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 ENTER INTO OR RENEW ANY
 CONTRACT OR AGREEMENT TO PROCURE  ANY  ELECTRONIC  PARTS,  PRODUCTS,  OR
 SERVICES,  OR ENTER INTO A CONTRACT, OR EXTEND OR RENEW A CONTRACT, WITH
 AN ENTITY TO PROCURE OR OBTAIN ELECTRONIC PARTS OR PRODUCTS THAT USE ANY
 ELECTRONIC  PARTS  OR  PRODUCTS  THAT  INCLUDE PRODUCTS, FROM ANY ENTITY
 PROHIBITED FROM FEDERAL CONTRACTING (OR ANY SUBSIDIARY,  AFFILIATES,  OR
 SUCCESSORS  OF  SUCH  ENTITY)  AS SET FORTH IN PUB. L.  117-263, DIV. E,
 TITLE LIX, § 5949; OR ANY ENTITY  (OR  ANY  SUBSIDIARY,  AFFILIATES,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14405-03-4
 A. 9312                             2
 
 SUCCESSORS  OF  SUCH  ENTITY)  DESIGNATED  AS  PROHIBITED  FROM  FEDERAL
 CONTRACTING PURSUANT TO PUB. L.  115-232, DIV. A, TITLE VIII, § 889;  OR
 FROM  ANY  ENTITY  (OR ANY SUBSIDIARY, AFFILIATES, OR SUCCESSORS OF SUCH
 ENTITY)   DETERMINED   TO   BE   A   THREAT   TO  NATIONAL  SECURITY  BY
 DODIG-2019-106.
   3. THE COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  THE
 ADJUTANT  GENERAL,  THE CHIEF INFORMATION OFFICER, THE CHIEF CYBER OFFI-
 CER, THE CHIEF TECHNOLOGY OFFICER OF THE CITY OF NEW YORK AND ANY FEDER-
 AL AGENCY AUTHORIZED UNDER 41 USC 4713, MAY PROVIDE A WAIVER  FROM  THIS
 SECTION IF:
   (A)  ANY SUCH ENTITY DETERMINES THE WAIVER IS IN THE CRITICAL STATE OR
 NATIONAL SECURITY INTERESTS; AND
   (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
 CRITICAL STATE OR NATIONAL SECURITY INTERESTS.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED:
   (A) TO REQUIRE ANY COVERED PRODUCTS OR SERVICES 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 COVERED  PRODUCTS  OR
 SERVICES THROUGHOUT THE LIFECYCLE OF SUCH EXISTING EQUIPMENT; OR
   (C) TO REQUIRE THE RECIPIENT OF A STATE CONTRACT, GRANT, LOAN, OR LOAN
 GUARANTEE TO REPLACE COVERED PRODUCTS OR SERVICES RESIDENT IN EQUIPMENT,
 SYSTEMS, OR SERVICES BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   §  2.  The  general  municipal  law is amended by adding a new section
 103-h to read as follows:
   § 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 41 USC 4713.
   (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.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW, A POLITICAL
 SUBDIVISION OR ANY DISTRICT THEREIN SHALL NOT ENTER INTO  OR  RENEW  ANY
 CONTRACT  OR  AGREEMENT  TO  PROCURE  ANY ELECTRONIC PARTS, PRODUCTS, OR
 SERVICES, OR ENTER INTO A CONTRACT, OR EXTEND OR RENEW A CONTRACT,  WITH
 AN ENTITY TO PROCURE OR OBTAIN ELECTRONIC PARTS OR PRODUCTS THAT USE ANY
 ELECTRONIC  PARTS  OR  PRODUCTS  THAT  INCLUDE  PRODUCTS OR SERVICES, IN
 VIOLATION OF THE PROVISIONS AS SET FORTH IN PUB. L.   117-263,  DIV.  E,
 TITLE LIX, § 5949; OR FROM ANY ENTITY (OR ANY SUBSIDIARY, AFFILIATES, OR
 SUCCESSORS  OF  SUCH  ENTITY)  DESIGNATED  AS  PROHIBITED  FROM  FEDERAL
 CONTRACTING PURSUANT TO PUB. L. 115-232, DIV. A, TITLE  VIII,  §889;  OR
 FROM  ANY  ENTITY  (OR ANY SUBSIDIARY, AFFILIATES, OR SUCCESSORS OF SUCH
 ENTITY) DETERMINED TO BE A CYBERSECURITY RISK BY DODIG-2019-106.
   3. THE COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  THE
 ADJUTANT  GENERAL,  THE CHIEF INFORMATION OFFICER, THE CHIEF CYBER OFFI-
 CER, THE CHIEF TECHNOLOGY OFFICER OF THE CITY OF NEW YORK AND ANY FEDER-
 A. 9312                             3

 AL AGENCY AUTHORIZED UNDER 41 U.S.C 4713, MAY PROVIDE A WAIVER FROM THIS
 SECTION IF:
   (A)  ANY SUCH ENTITY DETERMINES THE WAIVER IS IN THE CRITICAL STATE OR
 NATIONAL SECURITY INTERESTS; AND
   (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
 CRITICAL NATIONAL SECURITY INTERESTS OF THE UNITED STATES.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED:
   (A) TO REQUIRE ANY COVERED PRODUCTS OR SERVICES 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 COVERED  PRODUCTS  OR
 SERVICES THROUGHOUT THE LIFECYCLE OF SUCH EXISTING EQUIPMENT; OR
   (C) TO REQUIRE THE RECIPIENT OF A STATE CONTRACT, GRANT, LOAN, OR LOAN
 GUARANTEE TO REPLACE COVERED PRODUCTS OR SERVICES RESIDENT IN EQUIPMENT,
 SYSTEMS, OR SERVICES BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   §  3.  No  later  than  the  effective date of this act, the office of
 general services shall promulgate rules and regulations and issue  guid-
 ance  to all state agencies and local procurement authorities necessary,
 including providing  updates  on prohibited   or excluded  entities  for
 procurement  contracts  in  conformity with federal law, rules and regu-
 lations, no later than sixty days after  any  entity  is  prohibited  or
 excluded.
   §  4. This act shall take effect five years after it shall have become
 a law. Effective immediately, the office of general services is  author-
 ized to promulgate rules and regulations and issue guidance to all state
 agencies and local procurement authorities necessary for the implementa-
 tion  of  this act on its effective date, including providing updates on
 prohibited or excluded entities for procurement contracts in  conformity
 with federal law, rules and regulations.

co-Sponsors

2023-A9312A - Details

See Senate Version of this Bill:: S9364
Law Section:: State Finance Law
Laws Affected:: Add §163-e, St Fin L; add §103-h, Gen Muni L

2023-A9312A - Summary

2023-A9312A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9312--A
 
                           I N  A S S E M B L Y
 
                             February 27, 2024
                                ___________
 
 Introduced by M. of A. RAJKUMAR, ALVAREZ, DICKENS, LEMONDES, K. BROWN --
   read  once and referred to the Committee on Governmental Operations --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the state finance law and the general municipal law, in
   relation to prohibiting procurement of certain technology  that  poses
   security threats
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 163-e to read as follows:
   §  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  INFORMATION  AND
 COMMUNICATIONS  TECHNOLOGY,  INCLUDING HARDWARE, SYSTEMS, DEVICES, SOFT-
 WARE, OR SERVICES THAT INCLUDE EMBEDDED OR INCIDENTAL INFORMATION  TECH-
 NOLOGY, WHICH ARE PROHIBITED FROM FEDERAL PROCUREMENT PURSUANT TO 41 USC
 4713.
   (B) THE TERM "INFORMATION AND COMMUNICATIONS TECHNOLOGY" MEANS:
   (I) INFORMATION TECHNOLOGY, AS DEFINED IN SECTION 11101 OF TITLE 40;
   (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).
   (C) THE TERM "INFORMATION AND  COMMUNICATIONS  TECHNOLOGY"  SHALL  NOT
 INCLUDE AUTOMATED-DECISION MAKING SYSTEMS.
   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 ENTER  INTO  OR  RENEW  ANY
 CONTRACT  OR  AGREEMENT  TO  PROCURE  ANY ELECTRONIC PARTS, PRODUCTS, OR
 SERVICES,  OR ENTER INTO A CONTRACT, OR EXTEND OR RENEW A CONTRACT, WITH
 AN ENTITY TO PROCURE OR OBTAIN ELECTRONIC PARTS OR PRODUCTS THAT USE ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14405-04-4
 A. 9312--A                          2
 
 ELECTRONIC PARTS OR PRODUCTS THAT  INCLUDE  PRODUCTS,  FROM  ANY  ENTITY
 PROHIBITED  FROM  FEDERAL CONTRACTING (OR ANY SUBSIDIARY, AFFILIATES, OR
 SUCCESSORS OF SUCH ENTITY) AS SET FORTH IN PUB. L.    117-263,  DIV.  E,
 TITLE  LIX,  §  5949;  OR  ANY ENTITY (OR ANY SUBSIDIARY, AFFILIATES, OR
 SUCCESSORS  OF  SUCH  ENTITY)  DESIGNATED  AS  PROHIBITED  FROM  FEDERAL
 CONTRACTING  PURSUANT TO PUB. L.  115-232, DIV. A, TITLE VIII, § 889; OR
 FROM ANY ENTITY (OR ANY SUBSIDIARY, AFFILIATES, OR  SUCCESSORS  OF  SUCH
 ENTITY)   DETERMINED   TO   BE   A   THREAT   TO  NATIONAL  SECURITY  BY
 DODIG-2019-106.
   3. THE COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  THE
 ADJUTANT  GENERAL,  THE CHIEF INFORMATION OFFICER, THE CHIEF CYBER OFFI-
 CER, THE CHIEF TECHNOLOGY OFFICER OF THE CITY OF NEW YORK AND ANY FEDER-
 AL AGENCY AUTHORIZED UNDER 41 USC 4713, MAY PROVIDE A WAIVER  FROM  THIS
 SECTION IF:
   (A)  ANY SUCH ENTITY DETERMINES THE WAIVER IS IN THE CRITICAL STATE OR
 NATIONAL SECURITY INTERESTS; AND
   (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
 CRITICAL STATE OR NATIONAL SECURITY INTERESTS.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED:
   (A) TO REQUIRE ANY COVERED PRODUCTS OR SERVICES 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 COVERED  PRODUCTS  OR
 SERVICES THROUGHOUT THE LIFECYCLE OF SUCH EXISTING EQUIPMENT; OR
   (C) TO REQUIRE THE RECIPIENT OF A STATE CONTRACT, GRANT, LOAN, OR LOAN
 GUARANTEE TO REPLACE COVERED PRODUCTS OR SERVICES RESIDENT IN EQUIPMENT,
 SYSTEMS, OR SERVICES BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   §  2.  The  general  municipal  law is amended by adding a new section
 103-h to read as follows:
   § 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 41 USC 4713.
   (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.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW, A POLITICAL
 SUBDIVISION OR ANY DISTRICT THEREIN SHALL NOT ENTER INTO  OR  RENEW  ANY
 CONTRACT  OR  AGREEMENT  TO  PROCURE  ANY ELECTRONIC PARTS, PRODUCTS, OR
 SERVICES, OR ENTER INTO A CONTRACT, OR EXTEND OR RENEW A CONTRACT,  WITH
 AN ENTITY TO PROCURE OR OBTAIN ELECTRONIC PARTS OR PRODUCTS THAT USE ANY
 ELECTRONIC  PARTS  OR  PRODUCTS  THAT  INCLUDE  PRODUCTS OR SERVICES, IN
 VIOLATION OF THE PROVISIONS AS SET FORTH IN PUB. L.   117-263,  DIV.  E,
 TITLE LIX, § 5949; OR FROM ANY ENTITY (OR ANY SUBSIDIARY, AFFILIATES, OR
 SUCCESSORS  OF  SUCH  ENTITY)  DESIGNATED  AS  PROHIBITED  FROM  FEDERAL
 CONTRACTING PURSUANT TO PUB. L. 115-232, DIV. A, TITLE  VIII,  §889;  OR
 A. 9312--A                          3
 
 FROM  ANY  ENTITY  (OR ANY SUBSIDIARY, AFFILIATES, OR SUCCESSORS OF SUCH
 ENTITY) DETERMINED TO BE A CYBERSECURITY RISK BY DODIG-2019-106.
   3.  THE  COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE
 ADJUTANT GENERAL, THE CHIEF INFORMATION OFFICER, THE CHIEF  CYBER  OFFI-
 CER, THE CHIEF TECHNOLOGY OFFICER OF THE CITY OF NEW YORK AND ANY FEDER-
 AL AGENCY AUTHORIZED UNDER 41 U.S.C 4713, MAY PROVIDE A WAIVER FROM THIS
 SECTION IF:
   (A)  ANY SUCH ENTITY DETERMINES THE WAIVER IS IN THE CRITICAL STATE OR
 NATIONAL SECURITY INTERESTS; AND
   (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
 CRITICAL NATIONAL SECURITY INTERESTS OF THE UNITED STATES.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED:
   (A) TO REQUIRE ANY COVERED PRODUCTS OR SERVICES 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 COVERED  PRODUCTS  OR
 SERVICES THROUGHOUT THE LIFECYCLE OF SUCH EXISTING EQUIPMENT; OR
   (C) TO REQUIRE THE RECIPIENT OF A STATE CONTRACT, GRANT, LOAN, OR LOAN
 GUARANTEE TO REPLACE COVERED PRODUCTS OR SERVICES RESIDENT IN EQUIPMENT,
 SYSTEMS, OR SERVICES BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   §  3.  No  later  than  the  effective date of this act, the office of
 general services shall promulgate rules and regulations and issue  guid-
 ance  to all state agencies and local procurement authorities necessary,
 including providing  updates  on prohibited   or excluded  entities  for
 procurement  contracts  in  conformity with federal law, rules and regu-
 lations, no later than sixty days after  any  entity  is  prohibited  or
 excluded.
   §  4. This act shall take effect five years after it shall have become
 a law. Effective immediately, the office of general services is  author-
 ized to promulgate rules and regulations and issue guidance to all state
 agencies and local procurement authorities necessary for the implementa-
 tion  of  this act on its effective date, including providing updates on
 prohibited or excluded entities for procurement contracts in  conformity
 with federal law, rules and regulations.

co-Sponsors

View additional co-sponsors

2023-A9312B (ACTIVE) - Details

See Senate Version of this Bill:: S9364
Law Section:: State Finance Law
Laws Affected:: Add §163-e, St Fin L; add §103-h, Gen Muni L

2023-A9312B (ACTIVE) - Summary

2023-A9312B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9312--B
 
                           I N  A S S E M B L Y
 
                             February 27, 2024
                                ___________
 
 Introduced by M. of A. RAJKUMAR, ALVAREZ, DICKENS, LEMONDES, K. BROWN --
   read  once and referred to the Committee on Governmental Operations --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee

 AN  ACT to amend the state finance law and the general municipal law, in
   relation to prohibiting procurement of certain technology  that  poses
   security threats
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 163-e to read as follows:
   §  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  INFORMATION  AND
 COMMUNICATIONS  TECHNOLOGY,  INCLUDING HARDWARE, SYSTEMS, DEVICES, SOFT-
 WARE, OR SERVICES THAT INCLUDE EMBEDDED OR INCIDENTAL INFORMATION  TECH-
 NOLOGY,  WHICH  ARE  PROHIBITED  FROM  FEDERAL  PROCUREMENT  PURSUANT TO
 SECTION 889 OF PUBLIC LAW 115-232 OF 2018.
   (B) THE TERM "INFORMATION AND COMMUNICATIONS TECHNOLOGY" MEANS:
   (I) INFORMATION TECHNOLOGY, AS DEFINED IN SECTION 11101 OF TITLE 40;
   (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).
   (C)  THE  TERM  "INFORMATION  AND COMMUNICATIONS TECHNOLOGY" SHALL NOT
 INCLUDE AUTOMATED-DECISION MAKING SYSTEMS.
   2. THE CHIEF INFORMATION OFFICER SHALL, IN CONSULTATION WITH THE DIVI-
 SION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES  AND  THE  OFFICE  OF
 GENERAL  SERVICES,  ESTABLISH  AND UPDATE REGULARLY A LIST OF RESTRICTED
 INFORMATION AND COMMUNICATIONS TECHNOLOGY. TECHNOLOGY ON THIS LIST SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14405-06-4
 A. 9312--B                          2
 
 NOT BE PROCURED BY ANY STATE AGENCY, STATE OR LOCAL AUTHORITY, OR  POLI-
 TICAL  SUBDIVISION  UNLESS  A  WAIVER  IS ISSUED PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION OR THE CHIEF INFORMATION OFFICER  DETERMINES  THAT
 THE TECHNOLOGY SHALL ONLY BE RESTRICTED IN LIMITED CIRCUMSTANCES.
   THE LIST SHALL:
   (A)  CONTAIN  INFORMATION  AND COMMUNICATIONS TECHNOLOGIES THAT POSE A
 SECURITY RISK TO THE STATE OF NEW YORK OR ITS POLITICAL SUBDIVISIONS. IN
 DETERMINING WHETHER INFORMATION AND COMMUNICATIONS TECHNOLOGY POSES SUCH
 A RISK, THE CHIEF INFORMATION OFFICER  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;
   (B) DESCRIBE THE SCOPE OF EACH RESTRICTION,  SUCH  AS  WHETHER  IT  IS
 GENERALLY  PROHIBITED  OR  PROHIBITED  IN  CERTAIN CIRCUMSTANCES OR FROM
 CERTAIN ENTITIES;
   (C) INCLUDE AN EXPLANATION AS TO WHY ITEMS WERE INCLUDED ON THE  LIST;
 AND
   (D)  BE  PUBLISHED ONLINE AND COMMUNICATED TO ALL RELEVANT PROCUREMENT
 OFFICERS IN ALL STATE AGENCIES, STATE AUTHORITIES, AND POLITICAL  SUBDI-
 VISIONS.
   3.  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 TECH-
 NOLOGY 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 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 INSTRUMENTAL-
 ITY 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.
   §  2.  The  general  municipal  law is amended by adding a new section
 103-h to read as follows:
   § 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.
 A. 9312--B                          3
 
   (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  TECH-
 NOLOGY 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 INSTRUMENTAL-
 ITY 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.
   § 3. No later than the effective date  of  this  act,  the  office  of
 general  services shall promulgate rules and regulations and issue guid-
 ance to all state agencies and local procurement authorities  necessary,
 including  providing   updates   on prohibited  or excluded entities for
 procurement contracts in conformity with federal law,  rules  and  regu-
 lations,  no  later  than  sixty  days after any entity is prohibited or
 excluded.
   § 4. This act shall take effect two years after it shall have become a
 law. Effective immediately, the office of general services is authorized
 to promulgate rules and regulations and  issue  guidance  to  all  state
 agencies and local procurement authorities necessary for the implementa-
 tion  of  this act on its effective date, including providing updates on
 prohibited or excluded entities for procurement contracts in  conformity
 with federal law, rules and regulations.

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Assembly Bill A9312B

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Sponsored By

RAJKUMAR

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

George Alvarez

Inez E. Dickens

John Lemondes

Keith Brown

2023-A9312 - Details

2023-A9312 - Summary

2023-A9312 - Bill Text download pdf

co-Sponsors

George Alvarez

Inez E. Dickens

John Lemondes

Keith Brown

2023-A9312A - Details

2023-A9312A - Summary

2023-A9312A - Bill Text download pdf

co-Sponsors

George Alvarez

Inez E. Dickens

John Lemondes

Keith Brown

2023-A9312B (ACTIVE) - Details

2023-A9312B (ACTIVE) - Summary

2023-A9312B (ACTIVE) - Bill Text download pdf

Comments