Sec. 828. Sense of Congress on the prohibition on certain telecommunications and video surveillance services or equipment
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Congress finds the following: Prohibiting the use of telecommunications and video surveillance products or services from certain Chinese entities within the Federal Government’s supply chain is essential to our national security. Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1917; 41 U.S.C. note prec. 3901) restricts Federal agencies from procuring, contracting with entities that use, or funding the purchase of certain telecommunications products of Chinese companies determined by Congress to pose a substantial threat to the security of our communication infrastructure.
Specifically, section 889(a)(1)(B) of such Act, effective August 13, 2020, will prohibit Federal agencies from entering into, extending, or renewing a contract with an entity that uses covered telecommunications and video surveillance equipment or services from designated Chinese companies, including Huawei and ZTE, in their supply chains. As of July 1, 2020, the Federal Acquisition Regulatory Council has yet to release a draft rule for public comment on the implementation of the prohibitions described in section 889(a)(1)(B) of such Act, leaving Federal agencies and contractors that provide equipment and services to the Federal Government without implementation guidance necessary to adequately plan for or comply with the prohibitions.
Belated, and then hurried, implementation of this critical prohibition puts at risk the Federal Government’s ability to acquire essential goods and services and increases vulnerability in the supply chain through inconsistent implementation. A senior Department of Defense leader testified on June 10, 2020, that, I am very concerned about being able to implement [the prohibition] in August, as well as totally comply within two years * * * I believe we need more time . Subsequent to the enactment of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), Congress established the Federal Acquisition Security Council (FASC)—comprised of senior officials from the Office of Management and Budget, General Services Administration, Department of Defense, Department of Homeland Security and the intelligence community—to streamline the Federal Government’s supply chain risk management efforts and develop criteria and processes for supply chain information sharing among executive agencies.
It is the sense of Congress that— successful implementation of the prohibition on using or procuring certain telecommunications and video surveillance equipment under section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1917; 41 U.S.C. note prec. 3901) is critical to protecting the supply chain of the Federal Government, and Federal agencies should draw upon the expert resources available (such as the Federal Acquisition Security Council established under subchapter III of chapter 13 of title 41, United States Code) to ensure implementation of such prohibition is done in a comprehensive and deliberative manner; and the Federal Acquisition Regulatory Council shall ensure successful implementation of such prohibition by providing sufficient time for public comment and review of any related rulemaking.
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Sec. 828
Sense of Congress on the prohibition on certain telecommunications and video surveillance services or equipment
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