Two trade groups representing government contractors have asked Congress to delay implementation of the NDAA's 'blacklist' clause from this August to "at least February 2021". UPDATE: SIA has joined the request.
While the trade groups say they support the blacklist, they say that coronavirus related disruptions make it impractical to start in just 4 months.
This clause has raised significant concern in video surveillance, as it would ban any firm that "uses" Hikvision/Dahua equipment from selling to the federal government. If granted, the delay would give substantially more time for users to adjust.
In this note, we examine this request, whether it will be granted, and its possible implications, including:
Blacklist Clause Background
Letter: Coronavirus Makes "Current Implementation Timeline Infeasible"
Still, your argument is? How are the banned cameras related to the situation. The topic is American business straggling to complete the turnaround in time. The virus is not spreading via banned cameras
On April 21,SIA announcedit had joined the NDIA/PSC request to delay the blacklist clause, saying:
Delayed implementation of Part B will allow time for collaborative work on a solution that will make the implementation of Part B achievable consistent with the objectives of NDAA Section 889.
The letter co-signed by SIA did not only request a delay but also criticized the blacklist clause, stating it would harm coronavirus response efforts if implemented "as written":
As a result, U.S. providers will be barred from supplying essentially anyservice or good, such as personal protective equipment, to agencies. Part B will lead to a dramatic reduction in supplies to the government
Other groups joined as well, including the US Chamber of Commerce and others representing the IT, automotive, and aerospace sectors, increasing the likelihood a delay is granted.
UPDATE - FedScoop, a news website that covers the US federal government, reports the DoD is "considering" whether to delay implementation of the blacklist clause by one year:
The DOD tells FedScoop that it is considering a one-year delay for contractors to comply with the regulations prompted by the law. The deadline would technically still be in effect, but DOD would change the requirements in contracting language allowing vendors more time to reach full compliance.
[...] A DOD spokesman, Lt. Col. Mike Andrews, later told FedScoop that the DOD is looking to delay full compliance by a year.
“DoD fully supports the intent of Section 889, but the Department is hearing that, in light of the COVID impacts and disruptions to the industrial base including small businesses, there may be reasons to extend by one year the implementation of the rule,” [Andrews] said. “While necessary to accomplish, the requirements of 889 will require significant investment and may benefit from use of a risk based approach to achieve effective implementation.”
UPDATE - Nextgov, which covers technology and government, reports the implementation deadline may not be extended after all, based on a former Hill staffer source:
“From my understanding, broadly, beyond watching the bill, it doesn’t look like they’re going to get the extension on the 889 deadline,” a former Hill staffer who tracks tech industry issues told Nextgov.