[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Pages 52127-52130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20229]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 210910-0181]
RIN 0694-XC077


Notice of Request for Public Comments on Risks in the Information 
Communications Technology Supply Chain

AGENCY: Bureau of Industry and Security, Office of Technology 
Evaluation, U.S. Department of Commerce.

ACTION: Notice of request for public comments.

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SUMMARY: On February 24, 2021, President Biden issued Executive Order 
14017 (E.O. 14017) on ``America's Supply Chains,'' which directs 
several federal agency actions to secure and strengthen America's 
supply chains. One of these directions is for the Secretary of Commerce 
and the Secretary of Homeland Security, in consultation with the heads 
of appropriate agencies, to submit, within one year of the date of E.O. 
14017, a report on supply chains for critical sectors and subsectors of 
the information and communications technology (ICT) industrial base (as 
determined by the Secretary of Commerce and the Secretary of

[[Page 52128]]

Homeland Security), including the industrial base for the development 
of ICT software, data, and associated services. This notice requests 
comments and information from the public to assist the Secretary of 
Commerce and the Secretary of Homeland Security in preparing the report 
required by E.O. 14017.

DATES: The due date for filing comments is November 4, 2021.

ADDRESSES: Submissions: All written comments in response to this notice 
must be addressed to ``Information and Communications Technology Supply 
Chain'' and filed through the Federal eRulemaking Portal: https://www.regulations.gov. To submit comments via https://www.regulations.gov, enter docket number BIS-2021-0021 on the home page 
and click ``search.'' The site will provide a search results page 
listing all documents associated with this docket. Find the reference 
to this notice and click on the link entitled ``Comment Now!'' (For 
further information on using https://www.regulations.gov, please 
consult the resources provided on the website by clicking on ``How to 
Use This Site.'')

FOR FURTHER INFORMATION CONTACT: Maura Weber, Defense Industrial Base 
Division, Office of Technology Evaluation, Bureau of Industry and 
Security, at 202-704-8388, <a href="/cdn-cgi/l/email-protection#470a2632352669102225223507252e346923282469202831"><span class="__cf_email__" data-cfemail="a9e4c8dcdbc887fecccbccdbe9cbc0da87cdc6ca87cec6df">[email protected]</span></a>, or 
<a href="/cdn-cgi/l/email-protection#98d1dbccebecedfce1d8faf1ebb6fcf7fbb6fff7ee"><span class="__cf_email__" data-cfemail="400903143334352439002229336e242f236e272f36">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    On February 24, 2021, President Biden issued Executive Order 14017, 
``America's Supply Chains'' (86 FR 11849) (E.O. 14017). E.O. 14017 
focuses on the need for resilient, diverse, and secure supply chains to 
ensure U.S. economic prosperity and national security. Such supply 
chains are needed to address conditions that can reduce critical 
manufacturing capacity and the availability and integrity of critical 
goods, products, and services. E.O. 14017 directs that within one year 
of the date of the order, the Secretary of Commerce and the Secretary 
of Homeland Security, in consultation with the heads of appropriate 
agencies, shall submit a report to the President, through the Assistant 
to the President for National Security Affairs (APNSA) and the 
Assistant to the President for Economic Policy (APEP), on supply chains 
for critical sectors and subsectors of the information and 
communications technology (ICT) industrial base (as determined by the 
Secretary of Commerce and the Secretary of Homeland Security). For the 
purposes of this report, the scope of the ICT industrial base shall 
consist of hardware that enables terrestrial distribution, broadcast/
wireless transport, satellite support, data storage to include data 
center and cloud technologies, and end user devices including home 
devices such as routers, antennae, and receivers, and mobile devices; 
``critical'' software (as defined by the National Institute of 
Standards and Technology in relation to Executive Order 14028); and 
services that have direct dependencies on one or more of the enabling 
hardware. In developing this report, the Secretary of Commerce and the 
Secretary of Homeland Security will consult with the heads of 
appropriate agencies and will be advised by all relevant bureaus and 
components of the Department of Commerce and the Department of Homeland 
Security. This notice requests comments and information from the public 
to assist the Secretary of Commerce and the Secretary of Homeland 
Security in preparing the report required by E.O. 14017.

Written Comments

    The Department of Commerce and the Department of Homeland Security 
are particularly interested in comments and information directed to the 
policy objectives listed in E.O. 14017 as they affect the U.S. ICT 
supply chains, as defined in the previous section, including, but not 
limited to, the following elements:
    (i) ``Critical goods and materials,'' as defined in section 6(b) of 
E.O. 14017, underlying the supply chain in question. Under section 6(b) 
of E.O. 14017, ``critical goods and materials'' means goods and raw 
materials currently defined under statute or regulation as ``critical'' 
materials, technologies, or infrastructure;
    (ii) ``other essential goods and materials,'' as defined in section 
6(d) of E.O. 14017, underlying the supply chain in question, including 
digital products. Under section 6(d) of E.O. 14017, ``other essential 
goods and materials'' means those that are essential to national and 
economic security, emergency preparedness, or to advance the policy set 
forth in section 1 of E.O. 14017, but not included within the 
definition of ``critical goods and materials''; \1\
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    \1\ The Department of Commerce and the Department of Homeland 
Security are also interested in essential goods and materials 
essential to incident response and recovery.
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    (iii) manufacturing, or other capabilities necessary to produce or 
supply the materials and services identified in paragraphs (i) and (ii) 
above, including emerging capabilities;
    (iv) defense, intelligence, cyber, homeland security, health, 
climate, environmental, natural, market, economic, geopolitical, human-
rights or forced-labor risks, or other contingencies that may disrupt, 
strain, compromise, or eliminate the supply chain--including risks 
posed by supply chains' reliance on digital products that may be 
vulnerable to failures or exploitation, and risks resulting from the 
elimination of, or failure to develop domestically the capabilities 
identified in paragraph (iii) above--and that are sufficiently likely 
to arise so as to require reasonable preparation for their occurrence;
    (v) resilience and capacity of American manufacturing supply 
chains, including ICT design, manufacturing, and distribution, and the 
industrial base--whether civilian or defense--of the United States to 
support national and economic security, information security, emergency 
preparedness, and the policy identified in section 1 of E.O. 14017, in 
the event any of the contingencies identified in paragraph (iv) above 
occurs, including an assessment of:
    (A) manufacturing or other needed capacities of the United States 
related to ICT design and manufacturing of products and services, 
including the ability to modernize to meet future needs;
    (B) gaps in domestic design and manufacturing capabilities, 
including nonexistent, extinct, threatened, or single-point-of failure 
capabilities;
    (C) information and cybersecurity practices and standards of the 
ICT sector with specific regard to the risks identified in paragraph 
(iv) above. The Department of Commerce and the Department of Homeland 
Security are specifically interested in comments related to validation 
standards of component and software integrity, standards and practices 
ensuring the availability and integrity of software delivery and 
maintenance, and security controls during the manufacturing phase of 
ICT hardware and components;
    (D) supply chains with a single point of failure, single or dual 
suppliers, single region suppliers, highly connected markets or shared 
suppliers, or limited resilience, especially for subcontractors, as 
defined by section 44.101 of title 48, Code of Federal Regulations 
(Federal Acquisition Regulation);
    (E) location of key design, manufacturing, software development, 
integration, and production assets, with any significant risks 
identified in paragraph (iv) above posed by the

[[Page 52129]]

assets' physical location or the distribution of these facilities;
    (F) exclusive or dominant supply of ``critical goods and 
materials,'' and ``other essential goods and materials,'' as identified 
in paragraphs (i) and (ii) above, by or through nations that are or are 
likely to become, unfriendly or unstable;
    (G) availability of substitutes or alternative sources for 
``critical goods and materials,'' and ``other essential goods and 
materials,'' as identified in paragraphs (i) and (ii) above.
    (H) relevant workforce skills, best practices, and identified gaps 
in the availability and/or adequacy of domestic education and training 
resources necessary to fulfill future workforce needs;
    (I) need for research and development capacity to sustain 
leadership in the development of services or ``critical goods and 
materials,'' and ``other essential goods and materials,'' as identified 
in paragraphs (i) and (ii) above;
    (J) role of transportation and transmission systems in supporting 
existing supply chains and risks associated with those systems; and
    (K) risks posed by climate change to the availability, production, 
transportation, or transmission of ``critical goods and materials'' and 
``other essential goods and materials,'' as identified in paragraphs 
(i) and (ii) above;
    (vi) allied and partner actions, including whether or not the 
United States' allies and partners have also identified and prioritized 
the services or ``critical goods materials'' and ``other essential 
goods and materials'' identified in paragraphs (i) and (ii) above, and 
possible avenues for international engagement;
    (vii) primary causes of risks for any aspect of the ICT industrial 
base and supply chains assessed as vulnerable pursuant to paragraph (v) 
above;
    (viii) prioritization of the ``critical goods and materials'' and 
``other essential goods and materials,'' including digital products, 
identified in paragraphs (i) and (ii) above for the purpose of 
identifying options and policy recommendations. The prioritization 
shall be based on statutory or regulatory requirements; importance to 
national security, emergency preparedness, and the policy set forth in 
section 1 of E.O. 14017;
    (ix) specific policy recommendations important for ensuring a 
resilient supply chain for the ICT industrial base. Such 
recommendations may include, but are not limited to, sustainably 
reshoring supply chains and developing or strengthening domestic 
design, components, and supplies; cooperating with allies and partners 
to identify alternative supply chains; building redundancy into 
domestic supply chains; ensuring and enlarging stockpiles; developing 
workforce capabilities; enhancing access to financing; expanding 
research and development to broaden supply chains; addressing risks due 
to vulnerabilities in digital products relied on by supply chains; 
addressing risks posed by climate change; strengthening supply chain 
security; and any other recommendations;
    (x) any executive, legislative, regulatory, and policy changes and 
any other actions to strengthen the capabilities identified in 
paragraph (iii) above, and to prevent, avoid, or prepare for any of the 
contingencies identified in paragraph (iv) above; and
    (xi) suggestions for improving the Government-wide effort to 
strengthen supply chains, including suggestions for coordinating 
actions with ongoing efforts that could be considered duplicative of 
the work of E.O. 14017 or with existing Government mechanisms that 
could be used to implement E.O. 14017 in a more effective manner.
    The Department of Commerce and the Department of Homeland Security 
encourage commenters, when addressing the elements above, to structure 
their comments using the specific text as identifiers for the areas of 
inquiry to which their comments respond. This will assist in more 
easily reviewing and summarizing the comments received in response to 
these specific comment areas. For example, a commenter submitting 
comments responsive to paragraph (i) above, would use that exact text--
The ``critical goods and materials,'' as defined in section 6(b) of 
E.O. 14017, underlying the supply chain in question--as a heading in 
the public comment followed by the commenter's specific comments in 
this area.

Requirements for Written Comments

    The https://www.regulations.gov website allows users to provide 
comments by filling in a ``Type Comment'' field, or by attaching a 
document using an ``Upload File'' field. The Department of Commerce 
prefers that comments be provided in an attached document. The 
Department of Commerce prefers submissions in Microsoft Word (.doc 
files) or Adobe Acrobat (.pdf files). If the submission is in an 
application format other than Microsoft Word or Adobe Acrobat, please 
indicate the name of the application in the ``Type Comment'' field. 
Please do not attach separate cover letters to electronic submissions; 
rather, include any information that might appear in a cover letter 
within the comments. Similarly, to the extent possible, please include 
any exhibits, annexes, or other attachments in the same file, so that 
the submission consists of one file instead of multiple files. Comments 
(both public comments and non-confidential versions of comments 
containing business confidential information) will be placed in the 
docket and open to public inspection. Comments may be viewed on https://www.regulations.gov by entering docket number BIS-2021-0021 in the 
search field on the home page.
    All filers should name their files using the name of the person or 
entity submitting the comments. Anonymous comments are also accepted. 
Communications from agencies of the United States Government will not 
be made available for public inspection.
    Anyone submitting business confidential information should clearly 
identify the business confidential portion at the time of submission, 
file a statement justifying nondisclosure and referring to the specific 
legal authority claimed, and provide a non-confidential version of the 
submission. The non-confidential version of the submission will be 
placed in the public file on https://www.regulations.gov. For comments 
submitted electronically containing business confidential information, 
the file name of the business confidential version should begin with 
the characters ``BC''. Any page containing business confidential 
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top 
of that page. The non-confidential version must be clearly marked 
``PUBLIC''. The file name of the non-confidential version should begin 
with the character ``P''. The ``BC'' and ``P'' should be followed by 
the name of the person or entity submitting the comments or rebuttal 
comments. If a public hearing is held in support of this assessment, a 
separate Federal Register notice will be published providing the date 
and information about the hearing.
    The Bureau of Industry and Security does not maintain a separate 
public inspection facility. Requesters should first view the Bureau's 
web page, which can be found at https://efoia.bis.doc.gov/ (see 
``Electronic FOIA'' heading). If requesters cannot access the website, 
they may call 202-482-0795 for assistance. The records related to this 
assessment are made accessible in accordance with the regulations 
published in part 4 of title 15 of the

[[Page 52130]]

Code of Federal Regulations (15 CFR 4.1 through 4.11).

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-20229 Filed 9-17-21; 8:45 am]
BILLING CODE 3510-33-P


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