National Defense Authorization Act
Avigilon Position Statement
Critical infrastructure, national defense, and the daily lives of Americans rely on computer-driven and interconnected information technologies, introducing new vulnerabilities and emerging threats.
On August 13, 2018, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA or the Act) (H.R. 5515) was signed into law. The Act establishes a more aggressive stance on U.S. cybersecurity policy, stating that “all instruments of national power” will be used to defend, deter, and respond to significant cyber threats.
Under the NDAA, federal agencies are prohibited from procuring telecommunications equipment and services and video surveillance equipment and services from certain Chinese companies after August 13, 2019.
A CLOSER LOOK AT THE NDAA:
The NDAA is an important piece of United States legislation which specifies annual spending levels and provides authorization for the operations of the United States Department of Defense.
The NDAA for Fiscal Year 2019 included Section 889 which has a significant impact on the United States Department of Defense and other United States Federal Government agencies in the procurement and deployment of telecommunications equipment and services and video surveillance equipment and services.
Section 889 (a)(1) (A) provides a prohibition on the procurement of “covered telecommunications equipment or services” which is defined to include telecommunications equipment produced by Huawei Technologies Company and ZTE Corporation and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), as well as telecommunications or video surveillance services provided by such entities or using such equipment. This prohibition takes effect August 13, 2019.
Below are the provisions of the NDAA reflecting this prohibition.
SEC. 889. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.
(a) PROHIBITION ON USE OR PROCUREMENT. — (1) The head of an executive agency may not—
(A) procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system;
(3) COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES. — The term “covered telecommunications equipment or services” means any of the following:
(A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(B) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(C) Telecommunications or video surveillance services provided by such entities or using such equipment.
(D) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
In parallel, DoD, GSA, and NASA have adopted interim rules to amend the Federal Acquisition Regulation (FAR) to implement section 889 of the NDAA.
OUR COMMITMENT TO OUR CUSTOMERS
Motorola Solutions has been a trusted partner to the US Government for over 90 years, and as always, we remain committed to providing you with the innovative and secure products you have come to expect.
If you, or your agency are considering a video security solution for your operations, or need additional information, please contact your Motorola Solutions Federal Markets Sales Representative by emailing MSIFEDSALES@motorolasolutions.com.
ADDITIONAL RESOURCES:
The following links provide additional information and perspective on the NDAA and what it may mean to users:
“Military Bases Still using Chinese Surveillance”, Market Insider, July 18, 2019
“Banned Security Cameras almost impossible to remove”, Bloomberg, July 10, 2019
“Motorola Solutions Acquisitions Drive Growth, Radio Resource Media Group, May 3, 2019
Federal Acquisition Regulation Circular 2019-05, Federal Register, Vol. 84, No. 156, August 13, 2019
Federal Ban on Chinese Telecom Equipment Takes Effect, NextGov, August, 13, 2019
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