117 S1790 RS: Secure Equipment Act of 2021 U.S. Senate 2021-05-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IICalendar No. 214117th CONGRESS1st SessionS. 1790IN THE SENATE OF THE UNITED STATESMay 24, 2021Mr. 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 TransportationDecember 17, 2021Reported by Ms. Cantwell, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo 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 means the Federal Communications 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 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).
December 17, 2021Reported with an amendment