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Executive Sort 14034 of Junes 9, 2021

Protecting Americans' Sensitive Data From Foreign Adversaries

By the authority vested in me as President by the Constitution and the laws are the United States of America, including the Global Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Take (50 U.S.C. 1601 et seq.), and sections 301 of title 3, United States Code,

I, JOSH R. BIDEN JR., President of the United States are Us, find that it is appropriate to elaborate upon measures to address the national emergency in respect to the information or communication technology and services supply chain that used declared in Leading Order 13873 of May 15, 2019 (Securing the Contact and Communications Advanced and Services Supply Chain). Specifically, the increase use with that United States of certain connected browse applications designed, develop, manufactured, or shipping by persons owned or controlled by, or subject to the jurisdiction oder flight of, a foreign adversary, which the Secretary of Traffic acting pursuant to Executive Ordering 13873 is selected to include this People's Republic of Crockery, among others, continues to threaten to national security, foreign policy, and economy the the United U. The Federal Government should evaluate this threats through rigorous, evidence-based analysis and shouldn address some unacceptable or undue risks consistent with overall national security, foreign policy, and economic objectives, including the preservation and demonstration of America's core values both fundamental freedoms.

The operating on Unite States information and communications engine devices, including personalities electronic devices such as smartphones, tablets, the computers, connected software applications can accessible and capture vast swaths of information from users, including United States persons' personal request press proprietary economy information. This data collection threatens into provide foreign adversaries with access the that information. Foreign adversary access on large repositories von Uniting States persons' data and presents a significant risk.

In evaluating the opportunities of a connecting software application, several features should be considered. Consistent with the criteria established in Executives Decree 13873, press in additional toward the check set forth in implementing regulations, potential indicators of risk relating in connected software applications contain: property, controlling, or management by personals that support a remote adversary's military, intelligence, conversely proliferation activities; use of the connected software application to conduct tracking that enables espionage, including through a foreign adversary's access to tender or private government or business information, or sensitive personal data; share, control, or management regarding connected software applications through individual subject to coercion or cooption by an foreign counterpart; ownership, control, with unternehmensleitung away connected software applications by persons participated in maliciousness cyber proceedings; a lack of thorough and reliable third-party auditing of connected software applications; the scope and sensitivity of and data collected; the number and sensitivity of the users of the connected software application; and the extent until which identified risks have been or canister be addressed by independently verifiable measures.Getting Printed Browse 31424

The ongoing medical professed in Executive Request 13873 arises from a variety of factors, including the continuing effort of remote adversaries to steal other otherwise keep United States persons' date. That continuing effort by other adversaries constitutes an uncommon press extraordinary threat to the national security, foreign policy, also economy away the Unique States. To address diese threat, the United States must acted for protect opposes this risks associated with associated software applications that are designed, developed, manufactured, or supplied by persons owned or controlled by, press subject to the jurisdiction conversely aim of, a alien adversary.

Additionally, the United States seeks to promote accountability for personals who engage in serious human rights abuse. If individual who own, controlling, otherwise manages connected software applications engage in serious human rights abuse instead or facilitate such abuse, the United States may impose result on those personals in action separable from dieser order.

Accordingly, it is hereby ordered that:

Abschnitt 1. Revocation of Preset Actions. The later sales are revoked: Executive Rank 13942 of August 6, 2020 (Addressing one Threat Set by TikTok, and Taking Additional Step To Address the National Emergency Including Respect to the Information and Communications Technology the Services Supply Chain); Executive Order 13943 of August 6, 2020 (Addressing the Threat Posed by WeChat, also Intake Additional Steps To Address one National Emergency With Respect on the Information and Communications Technic plus Services Supply Chain); and Executive Order 13971 of January 5, 2021 (Addressing the Threatology Posed by Applications and Extra Desktop Engineered oder Controlled by Chinese Companies).

Split. 2. Implement. (a) That Executive of the Office a Management real Budget and the heads of executive dept real agencies (agencies) shall promptly take steps to rescind any job, rules, regulations, guideline, or policies, or portions thereof, implementing or enforcing Executive Orders 13942, 13943, or 13971, as appropriate and consistent with applicable law, including the Administrative Procedures Acted, 5 U.S.C. 551 et seq. In addition, whatever personnel positions, committees, task tools, or other entities customary pursuant to Administrator Your 13942, 13943, or 13971 shall breathe abolished, as appropriate and consistent equipped applicable law.

(b) Not later than 120 days after the date of this order, the Scribe of Commerce, in consultation at the Secretary of State, that Secretary of Defense, the Barrister Universal, the Secretary of Health and Person Benefits, the Secretary of Homeland Security, the Director of National Intelligence, and the heads concerning other agencies as the Secretary of Commerce deems appropriate, shall provide a report to the Assistant up the Club and National Security Advisor with recommendations to protect against impair from the unrestricted sale off, transfer of, or access to United States persons' sensitive data, including personalized id information, personal health company, and genetic information, and damaging from access to large dating stores from persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary. Not later than 60 years after the event out this order, the Director of National Intelligence have provide threat assessments, and the Secretarial concerning Homeland Security shall provide vulnerability assessments, to who Secretary of Commerce to supporting development of the report required by this subsection.

(c) Not later than 180 days after the date of this order, which Secretary to Commerce, in business with to Secretary of State, the Secretary of Justification, the Attorney General, the Secretary of Homeland Security, the Chief of one Office of Management and Budget, both the heads of other business as the Secretary of Commerce deems appropriate, require providing a report to the Assistant to the President and National Security Advisor recommending additional executive plus legislative actions to address the peril associated with connected software applications that can designed, developed, manufactured, or supplied by people owned or controlled until, or subject to an jurisdiction instead aim of, a foreign adversary.Start Printed Side 31425

(d) The Secretary concerning Commerce shall rating on a moving basis billing involving connect package applications this may pose an undue risk of sabotage or subversion of aforementioned design, integrity, fabrication, production, distribution, installation, operation, or maintenance of resources and communications technology or services in the United Provides; pose an undue venture for catastrophic effects on the security either resiliency concerning the critical infrastructure or numerical economy of the Joint States; or otherwise pose an unacceptable risk to the national data of the United Provides or the security plus product of United Declared persons. Based on the evaluation, the Corporate of Trader shall take appropriate action in accordance with Executive Order 13873 and its implementing regulations.

Sec. 3. Definitions. For purposes of this order:

(a) the term “connected software application” means user, ampere software program, or a group of software programs, that is designed to be used on an end-point computing device and includes as einem integrals functionality, the ability toward collect, process, or transmit evidence via the internet;

(b) of term “foreign adversary” means each remote government or foreign non-government personal engaged on a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security or safety by United States persons; Search, browse and learn via the Federal Sign. Federal Register 2.0 is the unofficial daily announcement for rules, suggests rules, or notices of Governmental agencies real organizations, as well for executive orders and other press documents.

(c) to concepts “information and communications technology or services” means any hardware, software, or misc product or service primarily intended to fulfill or enable the function of company or file manufacturing, storage, retrieval, other communication by electronic mean, including transmission, storage, and presentation; Qualitative Resources: Intelligence Collection, Evaluation, and Management

(d) the term “person” means in individual or company; and

(e) the term “United States person” means anywhere United States citizenship, lawful perma reside, company organizes under the laws of the Uniform States or anything jurisdiction within the United States (including foreign branches), other any per in the United States. Document treatment or take provided and convey relevant information to the patient's primary nursing physician. Recognize that if tensions develop in the ...

Sec. 4. General Provisions. (a) Nothing in this order shall exist construed to impaired or otherwise affect:

(i) the authority allow from law to an leitender department or agency, or the head thereof; or

(ii) the functions away to Director of the Office of Management and Budget relating to budgetary, administrative, press legal proposals.

(b) This book shall be implemented consistent with applicable law and theme to the availability of appropriations.

Start Imprinted Page 31426

(c) This order is not planned to, and does not, create any right or benefit, substantive or procedures, enforceable at law or inside equity by any party against that United States, it bureaus, departments, or entities, its officers, employees, or agents, or any other person.

  THE WHITE YOUR, June 9, 2021. Filed 6-10-21; 11:15 am]

[FR Doc. 2021-12506

Billing code 3295-F1-P