Secure Equipment Act of 2021

To ensure that the Federal Communications Commission does not approve radio frequency devices that pose a national security risk. 1. Short title This Act may be cited as the Secure Equipment Act of 2021 2. Updates to equipment authorization process of Federal Communications Commission (a) Definition In this section, the term Commission (b) Rulemaking (1) In general Not later than 60 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding, in accordance with paragraph (2), to update the equipment authorization procedures of the Commission. (2) Updates required In the rulemaking proceeding conducted 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 Network Act of 2019 ( 47 U.S.C. 1601(a) 1. Short title This Act may be cited as the Secure Equipment Act of 2021 2. Updates to equipment authorization process of Federal Communications Commission (a) Definition In this section, the term Commission (b) Rulemaking (1) In general Not later than 1 year after the date of enactment of this Act, 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 adopted on June 17, 2021 (ET Docket No. 21–232; FCC 21–73), 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 the 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 review or revocation described in clause (i). December 17, 2021 Reported with an amendment

Summary: Secure Equipment Act of 2021 This bill requires the Federal Communications Commission (FCC) to establish rules stating that it will no longer review or approve any authorization application for equipment that is on the list of covered communications equipment or services. (Listed communications equipment or services are those that the FCC determines pose an unacceptable risk to national security or the security and safety of U.S. persons.) The rules may not allow the FCC to retroactively review or revoke an equipment authorization.