Secure Equipment Act of 2021
Bill: S.1790 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Science, Technology, Communications

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.

To ensure that the Federal Communications Commission does not approve 
      radio frequency devices that pose a national security risk.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Secure Equipment Act of 
2021''.</DELETED>

<DELETED>SEC. 2. UPDATES TO EQUIPMENT AUTHORIZATION PROCESS OF FEDERAL 
              COMMUNICATIONS COMMISSION.</DELETED>

<DELETED>    (a) Definition.--In this section, the term ``Commission'' 
means the Federal Communications Commission.</DELETED>
<DELETED>    (b) Rulemaking.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>

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) Definition.--In this section, the term ``Commission'' means the 
Federal Communications 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).
                                                       Calendar No. 214

117th CONGRESS

  1st Session

                                S. 1790

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