Secure Equipment Act of 2021

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.)

[117th Congress Public Law 55]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 423]]

Public Law 117-55
117th Congress

                                 An Act


 
     To ensure that the Federal Communications Commission prohibits 
 authorization of radio frequency devices that pose a national security 
              risk. <<NOTE: Nov. 11, 2021 -  [H.R. 3919]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Secure Equipment Act of 
2021. 47 USC 1601 note.>> assembled,
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) Rulemaking.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of the 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 (ET Docket No. 21-232; FCC 21-
        73; adopted June 17, 2021), 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 such 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 such 
                      review or revocation.

[[Page 135 STAT. 424]]

    (b) Definition.--In this section, the term ``Commission'' means the 
Federal Communications Commission.

    Approved November 11, 2021.

LEGISLATIVE HISTORY--H.R. 3919:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-148 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 167 (2021):
            Oct. 19, 20, considered and passed House.
            Oct. 28, considered and passed Senate.

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