Sec. 2. Determination of communications equipment or services posing national security risks
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Not later than 1 year after the date of the enactment of this Act, 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 the Commission determines that such equipment or service— is produced or provided by— Huawei Technologies Co. Limited, Zhongxing Telecommunications Equipment Corporation, or any subsidiary or affiliate of either such entity; any successor to any entity described in subparagraph (A); or any other entity, if the Commission determines, based exclusively on the determinations described in paragraphs
(1)through
(4)of subsection (c), that 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; or causing the network of a provider of advanced communications service to be disrupted remotely. In making a determination under subsection (b)(1)(C), the Commission shall rely 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, United States Code. A specific determination made by the Bureau of Industry and Security of the Department of Commerce to place an entity on the entity list maintained by the Bureau and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations (subchapter C of chapter VII of title 15, Code of Federal Regulations). A specific determination made pursuant to Executive Order 13873 (84 Fed. Reg. 22689; relating to securing the information and communications technology and services supply chain), including any determination made by the Department of Commerce pursuant to regulations promulgated to implement such Executive order. 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). The Commission shall periodically update the list published under subsection (a), as necessary to protect national security and to address changes in the determinations described in paragraphs
(1)through
(4)of subsection (c). For each 12-month period during which the list 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 such determinations.
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- 84 FR 22689
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Sec. 2
Determination of communications equipment or services posing national security risks
Fed. Reg.84 FR 22689
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