New Proposed Bipartisan Legislation Would Revise How Products Are Placed on the FCC Covered List

On September 23, 2026, House Energy and Commerce Committee Chairman Rep. Brett Guthrie (R-KY) and Ranking Member Rep, Frank Pallone, Jr. (D-NJ) introduced H.R. 10453, the Communications and Technology Transparency Act of 2026 (the “CATT Act”). If enacted, the CATT Act would make changes to the Federal Communications Commission (“FCC”) Covered List statutory framework that allows the FCC to restrict the importation and marketing of communications equipment and services deemed to pose an unacceptable risk to US national security or the safety of US persons. These proposed changes would include broadening the scope of products that can be added to the Covered List, restructuring the process by which the FCC adds items to the list, limiting future additions to products from entities controlled by a foreign adversary, and expanding the consequences of being placed on the list. The CATT Act would also introduce new transparency and oversight mechanisms, including notice-and-comment rulemaking requirements and enhanced congressional review.

This proposed legislation comes on the heels of several recent Covered List additions by the FCC, including foreign-produced uncrewed aircraft systems (“UAS”) and UAS critical components in December 2025, routers in March 2026, and power inverters and advanced robotic devices in July 2026 . The CATT Act would not affect these designations, and all equipment already on the Covered List would remain on the list.

Legal Background

In March 2020, Congress passed the Secure and Trusted Communications Networks Act of 2019 (“Secure and Trusted Communications Networks Act”), 47 U.S.C. 1601 et seq., which requires the FCC to publish and maintain a list of telecommunications manufacturers that pose “an unacceptable risk to the national security of the United States or the security and safety of United States persons.” The FCC published its first iteration of this list, which is known as the Covered List, in March 2021. Subsequently, on November 11, 2021, Congress enacted the Secure Equipment Act of 2021 (“Secure Equipment Act”), which required the FCC to adopt new rules that would ban consideration of Equipment Authorization applications submitted by entities named on the Covered List, which was implemented via an FCC Order.

Section 2(c) of the Secure and Trusted Communications Networks Act provides four bases upon which the FCC may place items on the Covered List:

1. A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under section 1322(a) of title 41, United States Code.
2. A specific determination made by the Department of Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg. 22689; relating to securing the information and communications technology and services supply chain).
3. The communications equipment or service being covered telecommunications equipment or services, as defined in section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918).
4. A specific determination made by an appropriate national security agency.

In recent years, the FCC has relied on these authorities—particularly the interagency body mechanism—to expand the Covered List well beyond traditional telecommunications equipment. In each instance, the FCC relied on the remote connectivity functionality of these products as the jurisdictional hook linking them to the “communications equipment or service” definition, even though the products themselves may not be what most would consider traditional communications infrastructure.

Key Provisions of the CATT Act

If enacted, the CATT would make the following changes to the Covered List:

• Broadened Statutory Scope: The scope of the Secure and Trusted Communications Networks Act currently extends to “communications equipment or service,” defined as “any equipment or service that is essential to the provision of advanced communications service.”

  Section 2 of the CATT Act would replace the term “communications equipment or service” with “information and communications technology or service,” as defined in the Department of Commerce’s Information and Communications Technology or Service (“ICTS”) regulations at 15 C.F.R. § 791.2. Under those regulations, “information and communications technology or service” is defined as “any hardware, software, including connected software applications, or other product or service, including cloud-computing services, primarily intended to fulfill or enable the function of information or data processing, storage, retrieval, or communication by electronic means (including electromagnetic, magnetic, and photonic), including through transmission, storage, or display.” Although this definitional change appears to expand the statutory scope of the Covered List to encompass a wide range of hardware, software, and services used in information and communications networks, it may not have significant practical effect given the expansive nature of recent Covered List additions (e.g., drones, power inverters, and advanced robotics) under the current scope. In practice, the CATT Act may simply place this broader reading on firmer statutory footing while more closely aligning the FCC’s framework with the Department of Commerce’s ICTS framework.

• Removal of Two Avenues for Addition to the Covered List: Section 3 of the CATT Act would strike current paragraphs (1) and (4) of Section 2(c) of the Secure and Trusted Communications Networks Act. Paragraph (1), which authorizes the FCC to rely on a “specific determination made by any executive branch interagency body with appropriate national security expertise,” is the mechanism by which drones, routers, inverters, and advanced robotics were added to the Covered List. The CATT Act would also add a condition to the current paragraph (2) (ICTS determination by the Department of Commerce) requiring the Assistant Secretary of Commerce for Communications and Information (NTIA) to file a written notification of such determination with the FCC.

  Finally, Section 3 of the CATT Act would add a new avenue for addition to the Covered List: Section 1709 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), which in practice incorporates by reference communications or video surveillance equipment from specific China-based entities identified in that law.

• No Addition Without Notice and Comment: Pursuant to Section 2(a) of the CATT Act, the FCC would only be permitted to add a product to the Covered List if the agency adopts an order after notice and comment.
• Periodic Covered List Updates: Section 2(d) of the Secure and Trusted Communications Networks Act requires the FCC to “periodically update” the Covered List and describes a process for monitoring determinations and removing items from the Covered List. Section 4 of the CATT Act would direct the FCC to update the Covered List at least every six months. The CATT Act also prescribes a process for removing items: if the agency that made the underlying determination reverses that determination, and NTIA notifies the FCC, the FCC must provide notice and opportunity for comment and then adopt an order removing the item no later than 180 days after receiving notice of such reversed determination from the Assistant Secretary of Commerce for Communications and Information. Removal is further conditioned on there being no other outstanding determination supporting inclusion and the FCC’s own finding that the technology does not pose an unacceptable national security risk.
• Foreign Adversary Limitation: The current Covered List statutory framework is not limited to products from entities controlled by a foreign adversary; the FCC’s recent addition of drones, routers, inverters, and advanced robotics has applied to all foreign-produced devices. Section 5 of the CATT Act would add new language prohibiting the FCC from placing any new information and communications technology or service on the Covered List unless it is “produced or provided by an entity controlled by a foreign adversary.” The term “foreign adversary” is defined to mean “covered nation” as defined in 10 U.S.C. § 4872(f)(2), which currently includes China, Russia, Iran, and North Korea. Although this change would represent a notable limitation on the FCC’s discretion, the restriction applies only prospectively. All items currently on the Covered List are grandfathered and would not be affected.
• Expanded Consequences for Covered Entities: Section 8 of the CATT Act would add a new Section 10 to the Secure and Trusted Communications Networks Act, providing that “[n]o authorization, license, or other grant of authority issued by the Commission may be obtained, held, or controlled by a covered entity.” Section 8 would also add a broad definition of “covered entity,” to be “[a]n entity that produces or provides any covered information and communications technology or service” or their “affiliate” (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)). This would expand the consequences of being listed on the Covered List; we note that the bill exempts preexisting equipment authorizations from this prohibition.

Next Steps

The FCC’s recent Covered List actions are significant and have reached across industries. If enacted, the CATT Act would materially increase the scope of products eligible for inclusion on the Covered list; change the government entities that can determine whether a product is placed on the Covered List; require the FCC to adopt an order adding products to the Covered List; and narrow the list of countries whose products may be subject to the Covered List. Companies that produce, supply, or rely on information and communications technology from foreign sources should closely monitor the bipartisan bill’s progress and evaluate their Covered List exposure. Mayer Brown will continue to monitor and provide updates on FCC Covered List developments and the CATT Act.