Section 889 of the National Defense Authorization Act for Fiscal Year 2019

DoD is hosting a public meeting to facilitate the Department’s planning for the pending implementation of section 889(a)(1)(B) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 889(a)(1)(B) prohibits Executive agencies, including DoD, from entering into a contract (or extending or renewing a contract) with an entity that uses 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 means any of the following:

  • Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
  • 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).
  • Telecommunications or video surveillance services provided by such entities or using such equipment.
  • 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 the People's Republic of China.

The Department is focused on achieving an efficient implementation of the prohibition in section 889(a)(1)(B). To achieve this goal, DoD is seeking the views of DoD industry partners and associations regarding how industry will implement this prohibition, including what, if any, impacts there will be to DoD business.

Date and Location

The next public meeting will be on March 2, 2020, from 1:00 p.m. to 5 p.m., Eastern time, at the following location:

    Pentagon Library and Conference Center (PLCC)
    Conference Room B6
    1155 Defense Pentagon, Washington, DC 20301

Registration

Registration to attend this public meeting must be received no later than close of business on February 25, 2020.

To register an individual, send the following information via email to osd.dfars@mail.mil:

  • Full name.
  • Valid email address.
  • Valid telephone number.
  • Company or organization name.
  • Whether the individual is a U.S. citizen.
  • The date(s) of the public meeting(s) the individual wishes to attend.
  • Whether the individual intends to make a presentation, and, if so, the individual’s title.


  • Individuals who registered for the prior meetings date(s), will need to re-register for the public meeting date(s) they would like to attend.

    Building Entry

    Upon receipt of an email requesting registration, the Defense Acquisition Regulations System will provide notification to the Pentagon Force Protection Agency (PFPA) that the individual is requesting approval for entry to the Pentagon on the date(s) provided. PFPA will send additional instructions to the email address provided in the request for registration. The registrant must follow the instructions in the PFPA email in order to be approved for entry to the Pentagon.

    One valid, government-issued photo identification card will be required to enter the building. Attendees are encouraged to arrive at least 45 minutes early to accommodate security procedures. Public parking is not available at the Pentagon.

    Presentations

    If you wish to make a presentation, please submit an electronic copy of your presentation via email to osd.dfars@mail.mil no later than the registration date for the specific meeting.

    Each presentation should be in PowerPoint to facilitate projection during the public meeting and should include the presenter’s name, organization affiliation, telephone number, and email address on the cover page. Please submit presentations only and cite “Public Meeting, Section 889(a)(1)(B)” in all correspondence related to the public meeting.

    There will be no transcription at the meeting. The submitted presentations will be the only record of the public meeting. Presentations will be made available under the “Related Documents” section of this page at the conclusion of each meeting.

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