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WHAT IS THE NATIONAL DEFENSE AUTHORIZATION ACT?

The National Defense Authorization Act, or NDAA, is an important piece of legislation passed each year to authorize annual spending levels for the Department of Defense. The NDAA may also include provisions related to other Federal agencies.

What Is The National Defense Authorization Act?

The National Defense Authorization Act, or NDAA, is an important piece of legislation passed each year to authorize annual spending levels and provides authorization for the operations of the United States Department of Defense. The NDAA may also include provisions related to other Federal agencies, for example, the NDAA for Fiscal Year 2019 imposed prohibitions not only on the Department of Defense (DoD but also on Federal agencies in the procurement and deployment of certain telecommunications equipment and services, and video surveillance equipment and services.

WHAT ARE THE PROHIBITIONS ON THE FEDERAL GOVERNMENTS PURCHASE OF TELECOMMUNICATIONS EQUIPMENT AND SERVICES AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES UNDER THE NDAA

  • What does the NDAA mean for Telecommunications: Section 889 (a)(1)(A) of the NDAA which went into effect August 13, 2019, generally prohibits the use of federal funds to buy or to extend, or renew a contract to procure or obtain any equipment, system, or services that uses telecommunications equipment or services from Huawei, ZTE, or Hytera Communications Corporation (or any subsidiary or affiliate of such entities) as a substantial or essential component of any system, or as critical technology as part of any system.
  • What does the NDAA mean for camera security: It also generally prohibits the use of federal funds to buy or to extend, or renew a contract to procure or obtain any equipment, system, or service that uses video surveillance equipment or services from Hytera Communications Corporation Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) as a substantial or essential component of any system, or as critical technology as part of any system.
  • What does the NDAA mean for Federal Grant funds: Section (a)(1)(B) which does not go into effect until August 13, 2020, prohibits the use of federal funds to enter into a contract or extend or renew a contract with an entity that uses any equipment, system, or services that uses this telecommunications equipment or services or video surveillance equipment or services as a substantial or essential component of any system, or as critical technology of any part of any system.

WHICH TECHNOLOGIES ARE AFFECTED BY THE NDAA’s PROHIBITIONS ON THE FEDERAL GOVERNMENT’S PURCHASE OF TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES?

The NDAA’s prohibition applies to “covered telecommunications equipment or services” which is defined to … and telecommunications and video surveillance 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.

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