2019 NDAA Sec 889 Part B -- TSP Action Required by 9 Aug

July 28, 2020

USTC J9 just released the attached email/advisory on Sec 889 of the 2019 NDAA.  It has significant implications on your ability to remain on the TDL and receive shipments in DP3 for HHG and NTS shipments, beyond 13 August of 2020.  Please read it thoroughly and comply by 9 August


There is a lot of information here.  I haven’t digested it all yet myself, as it just came out.  But my summary/assessment of what might happen if you fail to comply or can’t comply is below.


By 9 August, TSPs (SCAC Owners) must certify whether they are, or are not using prohibited technology from 5 prohibited Chinese technology companies.  USTC AQ just confirmed today, that the technology includes hardware and software. 


The requirement, for now, is for SCAC owners…not your entire network of underlying service providers.


IAM asked if the Government or OSD had a list of prohibited technologies that could be shared with industry.  The short answer is, no.  But apparently it is still be discussed within the Department via classified telecons.


Therefore, TSPs (SCAC owners) must research the prohibited companies spelled out in the advisory, do a “reasonable inquiry” (see definition below) to determine whether you use any of the prohibited hardware or software, and fill out the second attachment to the advisory certifying that you do or do not use it.  And get it back to USTC by 9 August. 


Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.


If you do not certify by 9 August, you will be removed from the TDL starting 13 August, until you do certify.  If you do have prohibited technologies from prohibited companies, then it would appear, you will be removed from the TDL and USTC AQ, J9, and JAG will determine what the next step is.  But it appears likely you will be removed from the TDL until you can certify you no longer use prohibited technology. 


Per the attached certification form which is pulled from the 2019 NDAA Sec 889:


Covered telecommunications equipment or services (**DOD takes this to mean software) means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). **There is no current official list of subsidiaries or affiliates.  Members will likely need to google this information and attempt to connect it to hardware or software you use in your business.**


(2) 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). 


Per the advisory, Questions/concerns reference this advisory: TCJ9 Operations & Quality Team at transcom.scott.tcj9.mbx.pp-quality@mail.mil or Commercial: (618) 220-6789/5775 or DSN 770-6789/5775 and TCJ9 Storage Management Office at transcom.scott.tcj9.mbx.pp-smo@mail.mil) or Commercial: (618) 220-6292 or DSN 770-6292


This is not a USTC or DoD policy decision.  It’s a law that the government must comply with, and includes all sectors who contract with the government, not just transportation.