NDAA/FCC Overview

NDAA For Video Security Solutions

When the U.S. Federal Government creates legislation that impacts the video security market it is important to provide an overview so you (1) know about the legislation, (2) understand how it affects your organization and (3) how AIS can help with our complete line of NDAA-compliant MOBOTIX cameras.

What Is NDAA Compliance?

In August 2018, US Congress passed the John McCain National Defense Authorization Act (NDAA), which contained a section called Section 889: Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

The federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense also prohibits the U.S. government from procuring video and telecommunication equipment from certain Chinese companies and their subsidiaries. [Section 889].

In 2022, Congress passed more NDAA legislation expanding its cautionary stance against China. You can find the executive summary of NDAA 2022, here.

FCC Secure Equipment Act of 2021

Concurrent with the NDAA legislation, at the end of 2021, the President signed into law the Security Equipment Act of 2021 which required the Federal Communications Commission (FCC) to adopt rules clarifying their review and authorization process for equipment that poses an unacceptable risk to national security. In essence, this law extended the NDAA ban of Hikvision, Dahua, Huawei, Hyter and ZTE cameras and components to more organization in the public and private sector. As of Nov. 2022, the FCC clarified the review and declared new rules making clear that equipment from these manufacturers cannot be imported or marketed in the U.S. as they pose a threat to national security.

Who Is Affected By NDAA?

“With a ‘data backdoor’ built into their cameras, the Chinese government has a direct line into organizations that install cameras made by Chinese manufacturers.”

The main reason for the legislation regarding the cameras is to prevent China from accessing the private video information witnessed by the security camera network. With a ‘data backdoor’ built into their cameras, the Chinese government has a direct line into organizations that install cameras made by Chinese manufacturers.

When we are talking about federal facilities, U.S. Government-supported facilities or government contractors, we mean organizations that get support from the U.S. Government – K-12 school systems, defense contractors, technology companies etc., and organizations that have any federally-funded jobs – such as grant-supported positions in public and private Universities.

Stating the obvious, if the U.S. Government has identified nefarious intent from China directed at the U.S. through a camera portal – all U.S. companies should be aware that their information will fall prey in the same way – making this edict a strategic imperative for all U.S. companies who want their video security network to remain private.

How Do I Know The Non-Compliant Players?

The NDAA 2019 Section 889, prohibits the U.S. government from procuring video and telecommunication equipment from certain Chinese companies and their subsidiaries. Note, in the context of this particular law, the covered foreign country in question refers specifically to the People’s Republic of China. The three areas for concern are telecommunications equipment, video surveillance equipment and telecommunication and video surveillance services.

Because it may not be apparent who the original equipment manufacturer (OEM) may be or if they used Chinese components, companies need to be diligent. We retain a IPVM Industry Association list of most of the ‘brands’ as provided that utilize Chinese cameras and components so you can steer clear. Examples include the Hytera Communications Corporation, the Hangzhou Hikvision Digital Technology Company, and the Dahua Technology Company, or any of their affiliate entities. Wondering if a company not listed is compliant? Reach out to us for the full list.

Private Label

Any company that private labels the equipment or components of these companies are included in the ban.

Dealers & Integrators

Also, dealers and integrators that do business with the federal government cannot sell Chinese-made video products to any of their customer even for non-government projects.

Ask About The Chip

Often it is the chip set that is a component in question. Be sure to ask your equipment distributor: Who makes the chips in the equipment?

How Can AIS Help?

AIS’ Video Security Solutions features MOBOTIX IoT Devices and MOVE cameras made in Germany. Every model of these cameras are 100% compliant with NDAA legislation.

You can easily select the camera that is right for your organizations (decentralized or centralized network) and safely remain compliant and eliminate the risk of China obtaining your private video security information.

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