Determination of communications equipment or services posing national security risks
Publication of covered communications equipment or services list
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—
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
is capable of—
routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles;
causing the network of a provider of advanced communications service to be disrupted remotely; or
otherwise posing an unacceptable risk to the national security of the United States or the security and safety of United States persons.
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:
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.
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).
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).
A specific determination made by an appropriate national security agency.
Updating of list
In general
Monitoring of determinations
Public notification
Notes
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Short Title
Secure Equipment
SHORT TITLE.
UPDATES TO EQUIPMENT AUTHORIZATION PROCESS OF FEDERAL COMMUNICATIONS COMMISSION.
Rulemaking.—
In general.—
Not later than 1 year after the date of the enactment of this Act [
Updates required.—
In the rules adopted under paragraph (1), the Commission shall clarify that the Commission will no longer review or approve any application for equipment authorization for equipment that is on the list of covered communications equipment or services published by the Commission under section 2(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(a)).
Applicability.—
In general.—
In the rules adopted under paragraph (1), the Commission may not provide for review or revocation of any equipment authorization granted before the date on which such rules are adopted on the basis of the equipment being on the list described in paragraph (2).
Rule of construction.—
Nothing in this section may be construed to prohibit the Commission, other than in the rules adopted under paragraph (1), from—
examining the necessity of review or revocation of any equipment authorization on the basis of the equipment being on the list described in paragraph (2); or
adopting rules providing for any such review or revocation.
Definition.—
In this section, the term ‘Commission’ means the Federal Communications Commission.”