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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices
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 BIS20210021 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 2027048388, Maura.Weber@bis.doc.gov, or ICTstudy@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background On February 24, 2021, President Biden issued Executive Order 14017, Americas 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
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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 6b of E.O. 14017, underlying the supply chain in question. Under section 6b 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 6d of E.O. 14017, underlying the supply chain in question, including digital products.
Under section 6d 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
iii manufacturing, or other capabilities necessary to produce or supply the materials and services identified in paragraphs i and ii above, including emerging capabilities;
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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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 chainincluding 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 aboveand 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 basewhether civilian or defenseof 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
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