In an Advance Notice of Proposed Rulemaking (ANPRM) published in the Federal Register on Monday, March 29, 2021, Commerce announced that it is soliciting public comment on a licensing process for companies seeking pre-clearance for information and communications technology and services (ICTS) transactions subject to Commerce’s broad new authority to block or unwind such transactions, as implemented in the interim final rule, “Securing the Information and Communications Technology and Services Supply Chain.” That interim final rule, which was published on January 19, 2021, became effective on Monday, March 22, 2021, and broadly defines transactions to include acquisition, importation, transfer, installation, dealing in or use of ICTS. We previously discussed that interim final rule here.
Continue Reading Commerce Publishes ANPRM Seeking Comment on the Licensing Process for ICTS Transactions
One-Two Punch: President Biden Issues Made in America Executive Order Mere Days After FAR Council Issues Final Rule Tightening Federal “Buy American” Requirements
Contractors barely had time to digest the prior administration’s changes designed to tighten the Buy American Act restrictions when, on January 25, 2021, President Biden issued Executive Order 14005 on “Ensuring Future of America is Made in America by all of America’s Workers” directing further tightening and perhaps even a new approach to determining what
FCC Publishes Telecommunications Supply Chain Security Rule
On January 13, 2021, the Federal Communications Commission (FCC) published a final rule that requires advanced communications providers to review their equipment and services within their networks and either: (1) certify that they do not include any covered equipment; or (2) file an annual report with the FCC that identifies covered communications equipment or services
Not Your Parents’ IT: New Interim Rule to Scrutinize Acquisition of IT Products and Services from Foreign Adversaries
Today, Commerce has published an interim final rule (IR) which, effective March 22, 2021, will implement the May 15, 2019 Executive Order 13873 that relied on the International Emergency Economic Powers Act (IEEPA) to authorize sweeping power to block or undo any transaction – including use, purchases or importation – of virtually any “information and
DoD and GSA Take Aim at Supply Chain Risks
The Department of Defense (DoD) recently implemented additional procedures for the mitigation of cybersecurity risks in its supply chain. Designed to identify and mitigate cybersecurity and related supply chain risks throughout a program’s lifecycle, DoD Instruction 5000.90, Cybersecurity Acquisition Decision Authorities and Program Managers, requires program managers to:
- Assess contractors’ cybersecurity posture, including, where
Advancing America’s Dominance in AI: The 2021 National Defense Authorization Act’s AI Developments
On January 1, 2021, the 116th Congress enacted the Fiscal Year 2021 National Defense Authorization Act (NDAA), which established, among other things, the National Artificial Intelligence Initiative Act of 2020 (Division E, Title LI, §§ 5101-5106) (hereinafter “the Initiative”), a program to award financial assistance to National Artificial Intelligence Research Institutes (Division E, Title LII,
National Defense Authorization Act for Fiscal Year 2021: Need-to-Know Provisions for Government Contractors
On December 11, 2020, Congress presented to President Trump H.R. 6395, National Defense Authorization Act for Fiscal Year 2021. On December 23, 2020, President Trump vetoed the bill. Subsequently, the House voted on December 28, 2020 and the Senate voted on January 1, 2021 to override the veto.
This Act contains numerous provisions that
NISPOM, Including Revised Personal Reporting Requirements and Reduced FOCI Mitigation Burden, Codified in Code of Federal Regulations
Yesterday, the Office of the Under Secretary of Defense for Intelligence & Security, Department of Defense (DoD) published a final rule codifying the National Industrial Security Program Operation Manual (NISPOM) (DoDM 5220.22) into 32 C.F.R. Part 117. For the most part, this action simply inserts the long-applicable NISPOM requirements into the CFR, but DoD has
Executive Order 13960 Establishes Government-wide Principles for its Use of AI
On December 3, 2020, the President issued Executive Order 13960, Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government. The Executive Order signals yet again the Federal Government’s emphasis on the use of AI and the importance of ensuring that AI is used in a manner that does not violate Americans’ privacy,
Task Force Report on Lessons Learned During the COVID-19 Pandemic Provides Recommendations to Improve Resiliency
On November 6, the Information and Communication Technology (ICT) Supply Chain Risk Management (SCRM) Task Force, a public-private supply chain risk management partnership, published Lessons Learned During the COVID-19 Pandemic. In laying out the challenges posed by the pandemic, the report highlights the inevitable tension in supply chain risk management between achieving efficiencies and