Sec. 209.

778 words·~4 min read·/bill/119/hr/4249/rh/section-209

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None of the funds appropriated or otherwise made available under this Act may be used by the head of an agency, office, or other entity to— procure or obtain or extend or renew a contract to procure or obtain 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; or enter into a contract (or extend or renew 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.

Nothing in paragraph

(1)shall be construed to— prohibit the head of an agency, office, or other entity from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. The head of an agency, office, or other entity may not obligate or expend loan or grant funds appropriated or otherwise made available under this Act to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or systems described in subsection (a). In implementing the prohibition in paragraph (1), heads of agencies, offices, and entities administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected agencies, offices, and entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. Nothing in this subsection shall be construed to— prohibit the head of an agency, office, or entity from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. The prohibition under subsection (a)(1)(A) shall apply with respect to fiscal year 2026 and each succeeding fiscal year, and the prohibitions under subsections (a)(1)(B) and (b)(1) shall apply with respect to fiscal year 2027 and each succeeding fiscal year. The head of an agency, office, or other entity may, on a one-time basis, waive the requirements under subsection

(a)with respect to an agency, office, or entity that requests such a waiver. The waiver may be provided, for a period of not more than two years after the effective dates described in subsection (c), if the agency, office, or entity seeking the waiver— provides a compelling justification for the additional time to implement the requirements under such subsection, as determined by the head of the agency, office, or entity; and submits to the head of the agency, office, or entity, who shall not later than 30 days thereafter submit to the appropriate congressional committees, a full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the agency’s, office’s, or entity’s supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from the agency’s, office’s, or entity’s systems. In this section, the following definitions apply: The term appropriate congressional committees means the Committees on Appropriations of the House of Representatives and Senate. The term covered telecommunications equipment or services 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 a foreign adversary country. The term foreign adversary country means a country specified in section 4872(d) of title 10, United States Code.