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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 12 National Institute of Standards and Technology; and 13 Any other executive agency, or agency component, as determined by the Chairperson of the FASC.
b FASC information requests. The FASC may request such information from executive agencies as is necessary for the FASC to carry out its functions, including evaluation of sources and covered articles for purposes of determining whether to recommend the issuance of removal or exclusion orders, and the receiving executive agency shall provide the requested information to the fullest extent possible.
c Consultation and coordination with other councils. The FASC will consult and coordinate, as appropriate, with other relevant councils and interagency committees, including the Chief Information Officers Council, the Chief Acquisition Officers Council, the Federal Acquisition Regulatory Council, and the Committee on Foreign Investment in the United States, with respect to supply chain risks posed by the acquisition and use of covered articles.
d Program office and committees.
The FASC may establish a program office and any committees, working groups, or other constituent bodies the FASC deems appropriate, in its sole and unreviewable discretion, to carry out its functions. Such a committee, working group, or other constituent body is authorized to perform any function lawfully delegated to it by the FASC.
Subpart BSupply Chain Risk Information Sharing
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2011.200
ISA.

Information sharing agency
The Act requires the FASC to identify an appropriate executive agencythe FASCs information sharing agency ISAto perform administrative information sharing functions on behalf of the FASC, as provided at 41 U.S.C.
1323a3. The ISA facilitates and provides administrative support to a FASC supply chain and risk management Task Force, and serves as the liaison to the FASC on behalf of the Task Force, as the Task Force develops the processes under which the functions described in 41 U.S.C. 1323a3 are implemented on behalf of the FASC.
The Department of Homeland Security DHS, acting primarily through the Cybersecurity and Infrastructure Security Agency, is named the appropriate executive agency to serve as the FASCs ISA. The ISAs administrative functions shall not be construed to limit or impair the authority or responsibilities of any other
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Federal agency with respect to information sharing.
a Submission of information.
Information should be submitted to the FASC by sending it to the ISA, acting on behalf of the FASC.
b Receipt and dissemination functions. The ISA, the Task Force, and support personnel at the FASC member agencies will carry out administrative information receipt and dissemination functions on behalf of the FASC.
c Interagency supply chain risk management task force. The FASC may identify members for an interagency supply chain risk management SCRM
task force the Task Force to assist the FASC with implementing its information sharing, analysis, and risk assessment functions as described in 41
U.S.C. 1323a3. The purpose of the Task Force is to allow the FASC to capitalize on the various supply chain risk management and information sharing efforts across the Federal enterprise. This Task Force includes technical experts in SCRM and related interdisciplinary experts from agencies identified in 2011.102 and any other agency, or agency component, the FASC
Chairperson identifies. The ISA
facilitates the efforts of, and provide administrative support to, the Task Force and periodically reports to the FASC on Task Force efforts.
d Processes and procedures. The FASC will adopt and, as it deems necessary, revise:
1 Processes and procedures describing how the ISA operates and supports FASC recommendations issued pursuant to 41 U.S.C. 1323c;
2 Processes and procedures describing how Federal and non-Federal entities must submit supply chain risk information both mandatory and voluntary submissions of information to the FASC, including any necessary requirements for information handling, protection, and classification;
3 Processes and procedures describing the requirements for the dissemination of classified, controlled unclassified, or otherwise protected information submitted to the FASC by executive agencies;
4 Processes and procedures describing how the ISA facilitates the sharing of information to support supply chain risk analyses under 41
U.S.C. 1326, recommendations issued by the FASC, and covered procurement actions under 41 U.S.C. 4713;
5 Processes and procedures describing how the ISA will provide to the FASC and to executive agencies on behalf of the FASC information regarding covered procurement actions
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and any issued removal or exclusion orders; and 6 Any other processes and procedures determined by the FASC
Chairperson.
2011.201
FASC.

Submitting information to the
a Requirements for submission of information. All submissions of information to the FASC must be accomplished through the processes and procedures approved by the FASC
pursuant to 2011.200. Any information submission to the FASC
must comply with information sharing protections described in this subpart and be consistent with applicable law and regulations.
b Mandatory information submission requirements. Executive agencies must expeditiously submit supply chain risk information to the ISA
in accordance with guidance approved by the FASC pursuant to 2011.200
when:
1 The FASC requests information relating to a particular source, covered article, or covered procurement; or 2 An executive agency has determined there is a reasonable basis to conclude that a substantial supply chain risk exists in connection with a source or covered article. In such instances, the executive agency shall provide the FASC with relevant information concerning the source or covered article, including:
i Supply chain risk information identified in the course of the agencys activities in furtherance of identifying, mitigating, or managing its supply chain risk;
ii Supply chain risk information regarding any covered procurement actions by the agency under 41 U.S.C.
4713; and iii Supply chain risk information regarding any orders issued by the agency under 41 U.S.C. 1323.
c Voluntary information submission.
All Federal and non-Federal entities may voluntarily submit to the FASC
information relevant to SCRM, covered articles, sources, or covered procurement actions.
d Information protectionsFederal agency submissions. To the extent that the law requires the protection of information submitted to the FASC, agencies providing such information must ensure that it bears proper markings to indicate applicable handling, dissemination, or use restrictions. Agencies shall also comply with any relevant handling, dissemination, or use requirements, including but not limited to the following:

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