Washington (October 28, 2021) – Senators Edward J. Markey (D-Mass.) and Marco Rubio (R-Fla.) released the following statements today after the U.S. Senate unanimously passed their legislation, the Secure Equipment Act of 2021 (HR. 3919 / S. 1790). The Senate vote followspassage of the lawmakers’ bill earlier this month by the House of Representatives, where it was introduced by Representatives Anna Eshoo (CA-18) and Steve Scalise (LA-01). The measure now heads to President Biden’s desk to sign into law.

 

The Secure Equipment Act directs the Federal Communications Commission (FCC) to adopt rules clarifying that it will no longer review or issue new equipment licenses to companies – such as the People’s Republic of China state-backed firms Huawei and ZTE – on the agency’s “Covered Equipment or Services List” that pose a national security threat. The FCC is required to maintain this list under the Secure and Trusted Communications Networks Act of 2019, which laid out detailed criteria for determining what communications equipment or services pose an unacceptable risk to U.S. safety. In 2020, the FCC adopted new rules to require that U.S. telecommunications carriers rip and replace equipment provided by “covered” companies. While that was an important step, those rules only apply to equipment purchased with federal funding. The very same equipment can still be used if purchased with private or non-federal government dollars. Senators Markey and Rubio introduced the Secure Equipment Act to close this loophole and further prevent identified security threats from having a presence in U.S. telecommunications networks. Subsequently, the FCC initiated a rulemaking that mirrors the lawmakers’ proposal, and the Senate Commerce, Science, and Transportation Committee advanced a modified version of the Secure Equipment Act that will ensure the agency takes timely action on this issue.

 

“In today’s increasingly connected world, we must animate our technology with our values,”said Senator Markey. “That’s why our bipartisan legislation will keep compromised equipment out of U.S. telecommunications networks and ensure our technology is safe for consumers and secure for the United States. I’m proud to have helped lead this effort and I thank my colleagues in both chambers of Congress for passing our bill. I stand ready to now work with the Biden administration and the FCC to implement this critical national security measure.”

 

“Chinese state-directed companies like Huawei and ZTE are known national security threats and have no place in our telecommunications network,” said Senator Rubio. “I am grateful that the Senate and House passed this bill, which will help keep compromised equipment from bad actors out of critical American infrastructure. Now, President Biden must swiftly sign it into law so that the Chinese Communist Party can no longer exploit this dangerous loophole.”