47 USC 1601 - Determination of communications equipment or services posing national security risks

U.S Code last checked for updates: May 02, 2024

§ 1601.

Determination of communications equipment or services posing national security risks

(a)

Publication of covered communications equipment or services list

(b)

Publication by Commission

The Commission shall place on the list published under subsection (a) any communications equipment or service, if and only if such equipment or service—

(1)

is produced or provided by any entity, if, based exclusively on the determinations described in paragraphs (1) through (4) of subsection (c), such equipment or service produced or provided by such entity poses an unacceptable risk to the national security of the United States or the security and safety of United States persons; and

(2)

is capable of—

(A)

routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles;

(B)

causing the network of a provider of advanced communications service to be disrupted remotely; or

(C)

otherwise posing an unacceptable risk to the national security of the United States or the security and safety of United States persons.

(c)

Reliance on certain determinations

In taking action under subsection (b)(1), the Commission shall place on the list any communications equipment or service that poses an unacceptable risk to the national security of the United States or the security and safety of United States persons based solely on one or more of the following determinations:

(1)

A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under section 1322(a) of title 41.

(2)

A specific determination made by the Department of Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg. 22689; relating to securing the information and communications technology and services supply chain).

(3)

The communications equipment or service being covered telecommunications equipment or services, as defined in section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1918).

(4)

A specific determination made by an appropriate national security agency.

(d)

Updating of list

(1)

In general

(2)

Monitoring of determinations

(3)

Public notification

(Pub. L. 116–124, § 2, Mar. 12, 2020, 134 Stat. 158.)

cite as: 47 USC 1601