Secure Equipment Act of 2021

II Calendar No. 214 117TH CONGRESS 1ST SESSION S. 1790 To ensure that the Federal Communications Commission does not approve radio frequency devices that pose a national security risk. IN THE SENATE OF THE UNITED STATES MAY 24, 2021 Mr. RUBIO (for himself, Mr. MARKEY, Mrs. BLACKBURN, and Ms. HASSAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 17, 2021 Reported by Ms. CANTWELL, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Secure Equipment Act 4 of 2021’’. 5 VerDate Sep 11 2014 01:30 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1790.RS S1790 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1790 RS SEC. 2. UPDATES TO EQUIPMENT AUTHORIZATION PROC- 1 ESS OF FEDERAL COMMUNICATIONS COM- 2 MISSION. 3 (a) DEFINITION.—In this section, the term ‘‘Commis- 4 sion’’ means the Federal Communications Commission. 5 (b) RULEMAKING.— 6 (1) IN GENERAL.—Not later than 60 days after 7 the date of enactment of this Act, the Commission 8 shall initiate a rulemaking proceeding, in accordance 9 with paragraph (2), to update the equipment author- 10 ization procedures of the Commission. 11 (2) UPDATES REQUIRED.—In the rulemaking 12 proceeding conducted under paragraph (1), the 13 Commission shall clarify that the Commission will 14 no longer review or approve any application for 15 equipment authorization for equipment that is on 16 the list of covered communications equipment or 17 services published by the Commission under section 18 2(a) of the Secure and Trusted Communications 19 Network Act of 2019 (47 U.S.C. 1601(a)). 20 SECTION 1. SHORT TITLE. 21 This Act may be cited as the ‘‘Secure Equipment Act 22 of 2021’’. 23 VerDate Sep 11 2014 01:30 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\S1790.RS S1790 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1790 RS SEC. 2. UPDATES TO EQUIPMENT AUTHORIZATION PROC- 1 ESS OF FEDERAL COMMUNICATIONS COMMIS- 2 SION. 3 (a) DEFINITION.—In this section, the term ‘‘Commis- 4 sion’’ means the Federal Communications Commission. 5 (b) RULEMAKING.— 6 (1) IN GENERAL.—Not later than 1 year after 7 the date of enactment of this Act, the Commission 8 shall adopt rules in the proceeding initiated in the 9 Notice of Proposed Rulemaking in the matter of Pro- 10 tecting Against National Security Threats to the 11 Communications Supply Chain through the Equip- 12 ment Authorization Program adopted on June 17, 13 2021 (ET Docket No. 21–232; FCC 21–73), in accord- 14 ance with paragraph (2), to update the equipment 15 authorization procedures of the Commission. 16 (2) UPDATES REQUIRED.—In the rules adopted 17 under paragraph (1), the Commission shall clarify 18 that the Commission will no longer review or approve 19 any application for equipment authorization for 20 equipment that is on the list of covered communica- 21 tions equipment or services published by the Commis- 22 sion under section 2(a) of the Secure and Trusted 23 Communications Networks Act of 2019 (47 U.S.C. 24 1601(a)). 25 (3) APPLICABILITY.— 26 VerDate Sep 11 2014 01:30 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S1790.RS S1790 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1790 RS (A) IN GENERAL.—In the rules adopted 1 under paragraph (1), the Commission may not 2 provide for review or revocation of any equip- 3 ment authorization granted before the date on 4 which the rules are adopted on the basis of the 5 equipment being on the list described in para- 6 graph (2). 7 (B) RULE OF CONSTRUCTION.—Nothing in 8 this section may be construed to prohibit the 9 Commission, other than in the rules adopted 10 under paragraph (1), from— 11 (i) examining the necessity of review or 12 revocation of any equipment authorization 13 on the basis of the equipment being on the 14 list described in paragraph (2); or 15 (ii) adopting rules providing for any 16 review or revocation described in clause (i). 17 VerDate Sep 11 2014 01:30 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1790.RS S1790 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 01:30 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1790.RS S1790 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 214 117TH CONGRESS 1ST SESSION S. 1790 A BILL To ensure that the Federal Communications Com- mission does not approve radio frequency devices that pose a national security risk. DECEMBER 17, 2021 Reported with an amendment VerDate Sep 11 2014 01:30 Dec 19, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S1790.RS S1790 pbinns on DSKJLVW7X2PROD with BILLS