NDAA (National Defense Authorization Act) Section 889 Compliance

Prohibitions

Section 889 of the National Defense Authorization Act of 2019 prohibits:

• Federal agencies from entering into contracts, including sponsored research contracts, with any entity 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 prohibition applies whether or not such equipment or services are used to perform the contract with the federal agency;
• Recipients of a federal loan or grant funds from using those funds to procure or obtain covered telecommunications equipment or services; and
• Providing to the federal government 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.

"Covered telecommunications equipment or services" are:

• Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, or any subsidiary or affiliate of these entities;
• Video surveillance technology and equipment used for certain public safety, physical surveillance, or national security purposes and produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or any subsidiary or affiliate of these entities;
• Telecommunications or video surveillance services provided by any of the above-named entities or using the above-described equipment; and
• Telecommunications or video surveillance equipment or services of an entity that the U.S. Secretary of Defense reasonably believes to be owned or controlled by, or otherwise connected to, the government of the People’s Republic of China.