* § 103-h. Restriction on purchasing certain technology which poses a\nsecurity threat. 1. (a) Notwithstanding any inconsistent provision of\nlaw a political subdivision shall not enter into or renew any contract\nor agreement to procure technology, including hardware, systems,\ndevices, software, or services that include embedded or incidental\ninformation technology, which are prohibited from federal procurement\npursuant to section 889 of Public Law 115-232 of 2018, or which are\nincluded on the list created pursuant to subdivision two of section one\nhundred sixty-three-e of the state finance law.\n (b) The term "technology" shall have the same meaning as such term is\ndefined in subdivision ten of section one hundred sixty of the state\nfinance law.\n 2. 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 interest of the\npolitical 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 political subdivision seeking a waiver from any federal agency\nauthorized under section 889 of Public Law 115-232 of 2018 must provide\nnotice of any such waiver granted to the office of information\ntechnology services within thirty days of waiver approval.\n 3. 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
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