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h. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors <br />and subcontractors, may not obligate or expend any FEMA award funds to: <br />i. Procure or obtain any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology of any system; <br />ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, <br />or service that uses covered telecommunications equipment or services as a <br />substantial or essential component of any system, or as critical technology of any <br />system; or <br />iii. Enter into, extend, or renew contracts with entities that use covered <br />telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any system. <br />This prohibition regarding certain telecommunications and video surveillance services or <br />equipment is mandated by section 889 of the John S. McCain National Defense <br />Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and <br />2 CFR 200.216, 200.327, 200.471, and Appendix 11 to 2CFR200. Recipients and <br />subrecipients may use DHS/FEMA grant funding to procure replacement equipment and <br />services impacted by this prohibition, provided the costs are otherwise consistent with the <br />requirements of the Manual and the NOFO. <br />Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered <br />telecommunications equipment or services means: <br />iv. Telecommunications equipment produced by Huawei Technologies Company or <br />ZTE Corporation (or any subsidiary or affiliate of such entities); <br />V. For the purpose of public safety, security of government facilities, physical security <br />surveillance of critical infrastructure, and other national security purposes, video <br />surveillance and telecommunications equipment produced by Hytera <br />Communications Corporation, Hangzhou Hikvision Digital Technology Company, <br />or Dahua Technology Company (or any subsidiary or affiliate of such entities); <br />vi. Telecommunications or video surveillance services provided by such entities or <br />using such equipment; or <br />vii. Telecommunications or video surveillance equipment or services produced or <br />provided by an entity that the Secretary of Defense, in consultation with the <br />Director of National Intelligence or the Director of the Federal Bureau of <br />Investigation, reasonably believes to be an entity owned or controlled by, or <br />otherwise connected to, the government of a covered foreign country. <br />i. The Subrecipient must pass through equipment and supply management requirements <br />that meet or exceed the requirements outlined above to any non-federal entity to which <br />the Subrecipient makes a subaward under this Agreement. <br />6. ENVIRONMENTAL AND HISTORICAL PRESERVATION <br />a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental <br />Planning and Historic Preservation (EHP) program. EHP program information can be <br />found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which <br />are incorporated in and made a part of this Agreement. <br />b. Projects that have historical impacts or the potential to impact the environment, including, <br />but not limited to, construction of communication towers; modification or renovation of <br />existing buildings, structures and facilities; installation of sonar system; or new <br />construction including replacement of facilities, must participate in the DHS/FEMA EHP <br />review process prior to initiation. Modification of existing buildings, including minimally <br />invasive improvements such as attaching monitors to interior walls, and training or <br />exercises occurring outside in areas not considered previously disturbed, also require a <br />DHS/FEMA EHP review before project initiation. <br />DHS-FEMA-EMPG-FY24 Page 8 of 45 Kittitas County, E25-236 <br />