47 U.S.C. § 1601
Not later than 1 year after March 12, 2020, the Commission shall publish on its website a list of covered communications equipment or services.
The Commission shall place on the list published under subsection (a) any communications equipment or service, if and only if such equipment or service-
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:
The Commission shall periodically update the list published under subsection (a) to address changes in the determinations described in paragraphs (1) through (4) of subsection (c).
The Commission shall monitor the making or reversing of the determinations described in paragraphs (1) through (4) of subsection (c) in order to place additional communications equipment or services on the list published under subsection (a) or to remove communications equipment or services from such list. If a determination described in any such paragraph that provided the basis for a determination by the Commission under subsection (b)(1) with respect to any communications equipment or service is reversed, the Commission shall remove such equipment or service from such list, except that the Commission may not remove such equipment or service from such list if any other determination described in any such paragraph provides a basis for inclusion on such list by the Commission under subsection (b)(1) with respect to such equipment or service.
For each 12-month period during which the list published under subsection (a) is not updated, the Commission shall notify the public that no updates were necessary during such period to protect national security or to address changes in the determinations described in paragraphs (1) through (4) of subsection (c).
47 U.S.C. § 1601
EDITORIAL NOTES
REFERENCES IN TEXTExecutive Order No. 13873, referred to in subsec. (c)(2), is Ex. Ord. No. 13873, May 15, 2019, 84 F.R. 22689, which is listed in a table under section 1701 of Title 50, War and National Defense.Section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, referred to in subsec. (c)(3), is section 889(f)(3) of Pub. L. 115-232which is set out in a note preceding section 3901 of Title 41, Public Contracts.
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE Pub. L. 116-124, §1, Mar. 12, 2020, 134 Stat. 158, provided that: "This Act [enacting this chapter] may be cited as the 'Secure and Trusted Communications Networks Act of 2019'."
SECURE EQUIPMENT Pub. L. 117-55, 135 Stat. 423, provided that:
"SECTION 1. SHORT TITLE."This Act may be cited as the 'Secure Equipment Act of 2021'.
"SEC. 2. UPDATES TO EQUIPMENT AUTHORIZATION PROCESS OF FEDERAL COMMUNICATIONS COMMISSION."(a) RULEMAKING.-"(1) IN GENERAL.-Not later than 1 year after the date of the enactment of this Act [Nov. 11, 2021], the Commission shall adopt rules in the proceeding initiated in the Notice of Proposed Rulemaking in the matter of Protecting Against National Security Threats to the Communications Supply Chain through the Equipment Authorization Program (ET Docket No. 21-232; FCC 21-73; adopted June 17, 2021), in accordance with paragraph (2), to update the equipment authorization procedures of the Commission."(2) 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)) ."(3) APPLICABILITY.-"(A) 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)."(B) RULE OF CONSTRUCTION.-Nothing in this section may be construed to prohibit the Commission, other than in the rules adopted under paragraph (1), from-"(i) 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"(ii) adopting rules providing for any such review or revocation."(b) DEFINITION.-In this section, the term 'Commission' means the Federal Communications Commission."
- Commission
- The term "Commission" means the Federal Communications Commission.
- Program
- The term "Program" means the Secure and Trusted Communications Networks Reimbursement Program established under section 1603(a) of this title.
- appropriate national security agency
- The term "appropriate national security agency" means-(A) the Department of Homeland Security;(B) the Department of Defense;(C) the Office of the Director of National Intelligence;(D) the National Security Agency; and(E) the Federal Bureau of Investigation.
- communications equipment or service
- The term "communications equipment or service" means any equipment or service that is essential to the provision of advanced communications service.
- executive branch interagency body
- The term "executive branch interagency body" means an interagency body established in the executive branch.