Guide to achieving NDAA section 889 physical and cyber security compliance
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The National Defense Authorization Act (NDAA) is a U.S. federal law with overarching implications for the security technology sector. Section 889 has become a significant topic of discussion in the physical security industry due to its impact on certain US-based end-users that receive federal funding. To combat potential physical security threats, compliance with section 889 has been deemed necessary for government facilities and federally funded projects in the US.
This guide explores NDAA section 889, the ban on equipment manufactured by certain China-based video surveillance companies and alternative solutions.
The importance of NDAA compliance in the security industry
NDAA Section 889 awareness is significant for security companies for several reasons.
Access to government contracts: Many businesses rely on government contracts for their revenue. Compliance with section 889 is often a requirement for contract eligibility.
Meeting legal requirements: The NDAA sets prohibitions on the procurement of certain equipment from specified countries and/or entities.
Protection against cyber attacks: The NDAA highlights the importance of cybersecurity, helping to mitigate the risk of cyber threats and ensuring that the products and services provided by security companies meet specific cybersecurity standards.
Maintaining trust with government agencies: Section 889 compliance signals a commitment to following legal requirements and building and maintaining trust with government agencies, other businesses and the public.
Risk mitigation: Compliance with NDAA section 889 helps organizations mitigate legal, financial and operational risks while also highlighting their dedication to secure practices.
Under NDAA section 889, security integrators cannot sell or install security cameras that do not meet compliance requirements. Additionally, federal and federally funded entities are prohibited from enlisting the services of integrators that utilize products, services or equipment from the named companies.
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Security technology and NDAA section 889 compliance
NDAA section 889 prohibits procuring or obtaining 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. This includes extending or renewing a contract to procure or obtain these equipment, systems or services. Section 889 also prohibits using federal loan or grant funds to procure or obtain covered telecommunications equipment or services.
Covered telecommunications equipment or services include the following:
Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any of their subsidiaries or affiliates);
Certain video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any of their subsidiaries or affiliates);
Telecommunications or video surveillance services provided by such entities or using such equipment.
NDAA section 889 is a legal requirement for U.S. federal agencies and organizations working with the government. It generally prohibits federal agencies from buying and prohibits federal grant recipients from using federal funds to purchase certain telecommunications and video surveillance equipment manufactured by named Chinese manufacturers. Security technology contractors should stay informed and take the necessary steps to ensure compliance with section 889. Compliance with NDAA section 889 includes the following:
Assessing inventory: Assess whether federal funds are being used to purchase any video security equipment or services provided by the named Chinese companies. This includes video security cameras, video recorders, video surveillance servers, video surveillance data storage devices and more.
Replacement and removal: If equipment from the prohibited list is identified, remove and replace non-compliant equipment or services manufactured by the named manufacturers. We recommend compliant, open-platform products to avoid an entire system overhaul and reduce replacement costs.
Ongoing compliance: Given the ever-changing nature of the security and technology landscape, organizations must conduct assessments, perform regulatory reviews and update security policies to promote ongoing compliance.
List of Avigilon NDAA compliant video security equipment
There are several options available for security contractors looking for cameras that are NDAA section 889 compliant. Avigilon security cameras support procurements made in accordance with section 889 and have a wide range of capabilities that meet security needs.
H6A Dome:
Features: Onboard AdaptAI video analytics to proactively flag critical events and a built-in mic alerts you of auditory disturbances.
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H6A Bullet:
Features: See far and wide with the bullet’s long-range detail, making it perfect for large areas.
H6X Box:
Features: Delivers optimal deployment flexibility in a weatherproof housing by allowing you to choose the lens that best suits your monitoring needs.
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H6A PTZ:
Features: Empowers you to cover large areas with 360-degree views, built-in AdaptAI analytics, auto-tracking capabilities and long-range detail.
H5A Multisensor:
Features: Combines Next-Generation Video Analytics with three or four adjustable sensors to help you monitor virtually any area.
H5A Thermal:
Features: Detect people and vehicles in complete darkness, smoke, mist, foliage and more with the camera’s powerful heat-sensing technology.
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H6SL Dome:
Features: Versatility meets high performance in this analytics-enabled camera, available up to 8 MP.
H6SL Bullet:
Features: See your site with clarity in low-light with adaptive IR options and sharp imaging of up to 8 MP.
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Key takeaways for NDAA physical and cyber security compliance
Although section 889 of the NDAA largely impacts physical security and the use of certain Chinese video security equipment in government facilities, cybersecurity best practices should not be overlooked.
Security contractors are advised to review each update and take initiatives to ensure compliance in physical security and cybersecurity. Compliance opens doors to the possibility of security contractors taking on large-scale government projects and helping enhance security to better safeguard government assets and classified information.
Note: This blog is provided for informational purposes only and is not intended to serve as legal advice. Please consult with your own legal and compliance professionals for guidance specific to your organization.
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