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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />R 1-,',4 L. BUTLER, CLERK <br />EXHIBIT — 2 <br />Certification Regarding Telecommunications and Video Restrictions <br />Effective August 13, 2020, DHS/FEMA Sub -Recipients, as well as their contractors and subcontractors, <br />shall not use grant funds under the Emergency Management Performance Grant (EMPG) Program <br />covered by this Agreement and provided in FY 2025 or previous years to: <br />1. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to <br />procure or obtain any equipment, system, or service that uses "covered telecommunications <br />equipment or services" as a substantial or essential component of any system, or as critical <br />technology of any system; or <br />2. Enter into, extend or renew contracts with entities that use or provide, as part of its performance <br />of this agreement or any other contractual instrument, any equipment, system, or service that <br />uses "covered 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 equipment is <br />mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 <br />(FY 2019 NDAA), Pub. L. No. 115-232 (2018), and 2 C.F.R. § 200.216, 200.327, 200.471, AND Appendix <br />II to 2 C.F.R. Part 200. Sub -Recipients may use DHS/FEMA grant funding to procure replacement <br />equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the <br />requirements of the FY 2023 Preparedness Grants Manual, applicable appendix to the Manual, and <br />applicable NOFO. DHS/FEMA shall publish additional guidance in a subsequent Information Bulletin or <br />similar notice. Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or <br />services means: <br />1. Telecommunications equipment produced by Huawei Technologies Company or ZTE <br />Corporation, (or any subsidiary or affiliate of such entities); <br />2. For the purpose of public safety, security of Government facilities, physical security surveillance <br />of critical infrastructure, and other national security purposes, video surveillance and <br />telecommunications equipment produced by Hytera Communications Corporation, Hangzhou <br />Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or <br />affiliate of such entities); <br />3. Telecommunications or video surveillance services provided by such entities or using such <br />equipment; or <br />4. Telecommunications or video surveillance equipment or services produced or provided by an <br />entity that the Secretary of Defense, in consultation with the Director of National Intelligence or <br />the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or <br />controlled by, or otherwise connected to, the People's Republic of China. <br />In the event the Sub -Recipient identifies covered telecommunications equipment or services used as a <br />substantial or essential component of any system, or as critical technology as part of any system, during <br />contract performance or at any time or by any other source, the Sub -Recipient shall report the information <br />to the Division: <br />1. Within one (1) business day from the date of such identification or notification: The contract <br />number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if <br />known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model <br />number (original equipment manufacturer number, manufacturer part number, or wholesaler <br />number); item description; and any readily available information about mitigation actions <br />undertaken or recommended. <br />30 <br />