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47 U.S.C. § 1601 — Determination of communications equipment or services posing national security risks
Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of covered communications equipment or services list** Not later than 1 year after March 12, 2020, the Commission shall publish on its website a list of covered communications equipment or services.
**(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](https://uscode.house.gov/view.xhtml?req=gran
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Stable record: federal_law:legal_authorities:record_usc_8cbb9d0852fa5f9188b98715
Source file: Laws/federal/codes/united-states-code/title-47/section-1601-determination-of-communications-equipment-or-services-posing-national-se--84f93d5110.md
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Passage SHA-256: 796580435f2b8b5e5f0799cba6b29cf8f9c039c0dcdf47778b20f6348967ec9d
Source location: Title 47, Chapter 15, § 1601; chapter-015-secure-and-trusted-communications-networks.md
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**(a) Publication of covered communications equipment or services list** Not later than 1 year after March 12, 2020, the Commission shall publish on its website a list of covered communications equipment or services.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1322/a&num=0&edition=prelim).
(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** — 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).
(2) **Monitoring of determinations** — 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.
(3) **Public notification** — 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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Advanced communications service** — The term “advanced communications service” has the meaning given the term “advanced telecommunications capability” in [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1302&num=0&edition=prelim).
(2) **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.
(3) **Commission** — The term “Commission” means the Federal Communications Commission.
(4) **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.
(5) **Covered communications equipment or service** — The term “covered communications equipment or service” means any communications equipment or service that is on the list published by the Commission under [section 1601(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1601/a&num=0&edition=prelim).
(6) **Customers** — The term “customers” means, with respect to a provider of advanced communications service—
(A) the customers of such provider; and
(B) the customers of any affiliate (as defined in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim)) of such provider.
(7) **Executive branch interagency body** — The term “executive branch interagency body” means an interagency body established in the executive branch.
(8) **Person** — Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1608
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized Types.—** Except as provided in [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3905&num=0&edition=prelim), contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government.
**(b) Required Warranty.—**
(1) **Content.—** — Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable warranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business.
(2) **Remedy for breach or violation.—** — For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee.
(3) **Nonapplication.—** — Paragraph (1) does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial products or commercial services.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the following definitions apply:
(1) **Actively tethered unmanned aircraft system.—** — The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component—
(A) weighs 55 pounds or less, including payload but not including the tether;
(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft;
(C) is controlled and retrieved by such ground station through physical manipulation of the tether;
(D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and
(E) is programmed to initiate a controlled landing in the event of a tether separation.
(2) **Appropriate committees of congress.—** — The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3) **Arctic.—** — The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
(4) **Certificate of waiver; certificate of authorization.—** — The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation.
(5) **Counter-UAS system.—** — The term “counter-UAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.
(6) **Permanent areas.—** — The term “permanent areas” means areas on land or water that provide for launch, recovery, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44801
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the head of an executive agency may carry out a covered procurement action.
**(b) Determination and Notification.—** Except as authorized by subsection (c) to address an urgent national security interest, the head of an executive agency may exercise the authority provided in subsection (a) only after—
(1) obtaining a joint recommendation, in unclassified or classified form, from the chief acquisition officer and the chief information officer of the agency, or officials performing similar functions in the case of executive agencies that do not have such officials, which includes a review of any risk assessment made available by the executive agency identified under [section 1323(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1323/a/3&num=0&edition=prelim), that there is a significant supply chain risk in a covered procurement;
(2) providing notice of the joint recommendation described in paragraph (1) to any source named in the joint recommendation advising—
(A) that a recommendation is being considered or has been obtained;
(B) to the extent consistent with the national security and law enforcement interests, of information that forms the basis for the recommendation;
(C) that, within 30 days after receipt of the notice, the source may submit information and argument in opposition to the recommendation; and
(D) of the procedures governing the consideration of the submission and the possible exercise of the authority provided in subsection (a);
(3) making a determination in writing, in unclassified or classified form, after considering any information submitted by a source under paragraph (2) and in consultation with the chief information security officer of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4713
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Considerations in granting application** Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim) applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application.
**(b) Time of granting application** Except as provided in subsection (c) of this section, no such application—
(1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or
(2) for an instrument of authorization in the case of a station in any of the following categories:
(A) industrial radio positioning stations for which frequencies are assigned on an exclusive basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe,
shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof.
**(c) Applications not affected by subsection (b)** Subsection (b) of this section shall not apply—
(1) to any minor amendment of an application to which such
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 309
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person, including its controlled foreign entities, from knowingly engaging in a covered national security transaction in any prohibited technology.
**(b) Evasion** Any action that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
**(c) Exemptions**
(1) **National interest exemption** — Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, or delegated to the Secretary, in coordination with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
(2) **Intelligence exemption** — Regulations issued under subsection (e) shall not apply to any authorized intelligence activities of the United States.
**(d) Congressional notification** The Secretary shall—
(1) notify the appropriate congressional committees not later than five business days after issuing an exemption under subsection (c); and
(2) include in such notification an identification of the national interest justifying the use of the exemption, subject to appropriate confidentiality and classification requirements.
**(e) Regulations**
(1) **In general** — The Secretary, in consultation with the Secretary of Commerce, the Secretary of State and, as appropriate, the heads of other relevant Federal departments and agencies, may issue or update existing regulations to carry out this section subject to public notice an
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4583
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Federal law — U.S. Code and appendices · legal_authorities
Page 459
TITLE 47—TELECOMMUNICATIONS
§ 1601
1 See References in Text note below.
tive relief, interim equitable relief, and declar-
atory judgments as may be necessary to pre-
vent, restrain, or terminate any acts in viola-
tion of subsection (c).
(Pub. L. 115–141, div. P, title VI, § 620, Mar. 23,
2018, 132 Stat. 1114.)
§ 1511. Rules of construction
(a) Ranges of frequencies
Each range of frequencies described in this
chapter shall be construed to be inclusive of the
upper and lower frequencies in the range.
(b) Assessment of electromagnetic spectrum re-
allocation
Nothing in this chapter shall be construed to
affect any requirement under section 156 of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 921
note), as added by section 1062(a) of the National
Defense Authorization Act for Fiscal Year 2000.
(Pub. L. 115–141, div. P, title VI, § 621, Mar. 23,
2018, 132 Stat. 1115.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title VI of div. P of Pub. L.
115–141, Mar. 23, 2018, 132 Stat. 1097, which is classified
principally to this chapter. For complete classification
of title VI to the Code, see Short Title note set out
under section 1501 of this title and Tables.
Section 156 of the National Telecommunications and
Information Administration Organization Act, as added
by section 1062(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2000, referred to in subsec. (b),
is section 156 of title I of Pub. L. 102–538, as added by
Pub. L. 106–65, div. A, title X, § 1062(a), Oct. 5, 1999, 113
Stat. 767, formerly set out as a note under section 921
of this title.
§ 1512. Relationship to Middle Class Tax Relief
and Job Creation A
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1601
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