[House Document 116-35]
[From the U.S. Government Publishing Office]
116th Congress, 1st Session - - - - - - - - - - House Document 116-35
NATIONAL EMERGENCY WITH RESPECT TO SIGNIFICANT MALICIOUS CYBER-ENABLED
ACTIVITIES
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY TO DEAL WITH THE
THREAT POSED BY THE UNRESTRICTED ACQUISITION OR USE IN THE UNITED
STATES OF INFORMATION AND COMMUNICATIONS TECHNOLOGY OR SERVICES
DESIGNED, DEVELOPED, MANUFACTURED, OR SUPPLIED BY PERSONS OWNED BY,
CONTROLLED BY, OR SUBJECT TO THE JURISDICTION OR DIRECTION OF FOREIGN
ADVERSARIES, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 95-223 SEC.
204(b); (91 STAT. 1627) AND 50 U.S.C. 1621(a); PUBLIC LAW 94-412, SEC.
201(a); (90 STAT. 1255)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 16, 2019.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-011 WASHINGTON : 2019
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act
(50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code, I hereby report that I have issued an Executive
Order declaring a national emergency to deal with the threat
posed by the unrestricted acquisition or use in the United
States of information and communications technology or services
designed, developed, manufactured, or supplied by persons owned
by, controlled by, or subject to the jurisdiction or direction
of foreign adversaries.
Foreign adversaries are increasingly creating and
exploiting vulnerabilities in information and communications
technology and services, which store and communicate vast
amounts of sensitive information, facilitate the digital
economy, and support critical infrastructure and vital
emergency services, in order to commit malicious cyber-enabled
actions, including economic and industrial espionage against
the United States and its people. Although maintaining an open
investment climate in information and communications
technology, and in the United States economy more generally, is
important for the overall growth and prosperity of the United
States, such openness must be balanced by the need to protect
our country against critical national security threats. To deal
with this threat, additional steps are required to protect the
security, integrity, and reliability of information and
communications technology and services provided and used in the
United States.
The Executive Order prohibits certain transactions
involving information and communications technology or services
where the Secretary of Commerce (Secretary), in consultation
with the Secretary of the Treasury, the Secretary of State, the
Secretary of Defense, the Attorney General, the Secretary of
Homeland Security, the United States Trade Representative, the
Director of National Intelligence, the Administrator of General
Services, the Chairman of the Federal Communications
Commission, and, as appropriate, the heads of other executive
departments and agencies (agencies), has determined that:
(i) the transaction involves information and
communications technology or services designed,
developed, manufactured, or supplied, by persons owned
by, controlled by, or subject to the jurisdiction or
direction of a foreign adversary; and
(ii) the transaction:
(A) poses an undue risk of sabotage to or
subversion of the design, integrity,
manufacturing, production, distribution,
installation, operation, or maintenance of
information and communications technology or
services in the United States;
(B) poses an undue risk of catastrophic
effects on the security or resiliency of United
States critical infrastructure or the digital
economy of the United States; or
(C) otherwise poses an unacceptable risk to
the national security of the United States or
the security and safety of United States
persons.
I have delegated to the Secretary the authority to, in
consultation with, or upon referral of a particular transaction
from, the heads of other agencies as appropriate, take such
actions, including directing the timing and manner of the
cessation of transactions prohibited pursuant to the Executive
Order, adopting appropriate rules and regulations, and
employing all other powers granted to the President by IEEPA,
as may be necessary to implement the Executive Order. All
agencies of the United States Government are directed to take
all appropriate measures within their authority to carry out
the provisions of the Executive Order.
I am enclosing a copy of the Executive Order I have issued.
Donald J. Trump.
The White House, May 15, 2019.
Executive Order
----------
Securing the Information and Communications Technology and Services
Supply Chain
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, DONALD J. TRUMP, President of the United States of
America, find that foreign adversaries are increasingly
creating and exploiting vulnerabilities in information and
communications technology and services, which store and
communicate vast amounts of sensitive information, facilitate
the digital economy, and support critical infrastructure and
vital emergency services, in order to commit malicious cyber-
enabled actions, including economic and industrial espionage
against the United States and its people. I further find that
the unrestricted acquisition or use in the United States of
information and communications technology or services designed,
developed, manufactured, or supplied by persons owned by,
controlled by, or subject to the jurisdiction or direction of
foreign adversaries augments the ability of foreign adversaries
to create and exploit vulnerabilities in information and
communications technology or services, with potentially
catastrophic effects, and thereby constitutes an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States. This threat exists both in
the case of individual acquisitions or uses of such technology
or services, and when acquisitions or uses of such technologies
are considered as a class. Although maintaining an open
investment climate in information and communications
technology, and in the United States economy more generally, is
important for the overall growth and prosperity of the United
States, such openness must be balanced by the need to protect
our country against critical national security threats. To deal
with this threat, additional steps are required to protect the
security, integrity, and reliability of information and
communications technology and services provided and used in the
United States. In light of these findings, I hereby declare a
national emergency with respect to this threat.
Accordingly, it is hereby ordered as follows:
Section 1. Implementation. (a) The following actions are
prohibited: any acquisition, importation, transfer,
installation, dealing in, or use of any information and
communications technology or service (transaction) by any
person, or with respect to any property, subject to the
jurisdiction of the United States, where the transaction
involves any property in which any foreign country or a
national thereof has any interest (including through an
interest in a contract for the provision of the technology or
service), where the transaction was initiated, is pending, or
will be completed after the date of this order, and where the
Secretary of Commerce (Secretary), in consultation with the
Secretary of the Treasury, the Secretary of State, the
Secretary of Defense, the Attorney General, the Secretary of
Homeland Security, the United States Trade Representative, the
Director of National Intelligence, the Administrator of General
Services, the Chairman of the Federal Communications
Commission, and, as appropriate, the heads of other executive
departments and agencies (agencies), has determined that:
(i) the transaction involves information and
communications technology or services designed,
developed, manufactured, or supplied, by persons owned
by, controlled by, or subject to the jurisdiction or
direction of a foreign adversary; and
(ii) the transaction:
(A) poses an undue risk of sabotage to or
subversion of the design, integrity,
manufacturing, production, distribution,
installation, operation, or maintenance of
information and communications technology or
services in the United States;
(B) poses an undue risk of catastrophic
effects on the security or resiliency of United
States critical infrastructure or the digital
economy of the United States; or
(C) otherwise poses an unacceptable risk to
the national security of the United States or
the security and safety of United States
persons.
(b) The Secretary, in consultation with the heads of other
agencies as appropriate, may at the Secretary's discretion
design or negotiate measures to mitigate concerns identified
under section 1(a) of this order. Such measures may serve as a
precondition to the approval of a transaction or of a class of
transactions that would otherwise be prohibited pursuant to
this order.
(c) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. Authorities. (a) The Secretary, in consultation
with, or upon referral of a particular transaction from, the
heads of other agencies as appropriate, is hereby authorized to
take such actions, including directing the timing and manner of
the cessation of transactions prohibited pursuant to section 1
of this order, adopting appropriate rules and regulations, and
employing all other powers granted to the President by IEEPA,
as may be necessary to implement this order. All agencies of
the United States Government are directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
(b) Rules and regulations issued pursuant to this order
may, among other things, determine that particular countries or
persons are foreign adversaries for the purposes of this order;
identify persons owned by, controlled by, or subject to the
jurisdiction or direction of foreign adversaries for the
purposes of this order; identify particular technologies or
countries with respect to which transactions involving
information and communications technology or services warrant
particular scrutiny under the provisions of this order;
establish procedures to license transactions otherwise
prohibited pursuant to this order; establish criteria,
consistent with section 1 of this order, by which particular
technologies or particular participants in the market for
information and communications technology or services may be
recognized as categorically included in or as categorically
excluded from the prohibitions established by this order; and
identify a mechanism and relevant factors for the negotiation
of agreements to mitigate concerns raised in connection
withsubsection 1(a) of this order. Within 150 days of the date of this
order, the Secretary, in consultation with the Secretary of the
Treasury, Secretary of State, the Secretary of Defense, the Attorney
General, the Secretary of Homeland Security, the United States Trade
Representative, the Director of National Intelligence, the
Administrator of General Services, the Chairman of the Federal
Communications Commission and, as appropriate, the heads of other
agencies, shall publish rules or regulations implementing the
authorities delegated to the Secretary by this order.
(c) The Secretary may, consistent with applicable law,
redelegate any of the authorities conferred on the Secretary
pursuant to this section within the Department of Commerce.
Sec. 3. Definitions. For purposes of this order:
(a) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(b) the term ``foreign adversary'' means any foreign
government or foreign non-government person engaged in a long-
term pattern or serious instances of conduct significantly
adverse to the national security of the United States or
security and safety of United States persons;
(c) the term ``information and communications technology or
services'' means any hardware, software, or other product or
service primarily intended to fulfill or enable the function of
information or data processing, storage, retrieval, or
communication by electronic means, including transmission,
storage, and display;
(d) the term ``person'' means an individual or entity; and
(e) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including foreign branches), or any person
in the United States.
Sec. 4. Recurring and Final Reports to the Congress. The
Secretary, in consultation with the Secretary of State, is
hereby authorized to submit recurring and final reports to the
Congress on the national emergency declared in this order,
consistent with section 401(c) of the NEA (50 U.S.C. 1641(c))
and section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 5. Assessments and Reports. (a) The Director of
National Intelligence shall continue to assess threats to the
United States and its people from information and
communications technology or services designed, developed,
manufactured, or supplied by persons owned by, controlled by,
or subject to the jurisdiction or direction of a foreign
adversary. The Director of National Intelligence shall produce
periodic written assessments of these threats in consultation
with the heads of relevant agencies, and shall provide these
assessments to the President, the Secretary for the Secretary's
use in connection with his responsibilities pursuant to this
order, and the heads of other agencies as appropriate. An
initial assessment shall be completed within 40 days of the
date of this order, and further assessments shall be completed
at least annually, and shall include analysis of:
(i) threats enabled by information and communications
technologies or services designed, developed,
manufactured, or supplied by persons owned by,
controlled by, or subject to the jurisdiction or
direction of a foreign adversary; and
(ii) threats to the United States Government, United
States critical infrastructure, and United States
entities from information and communications
technologies or services designed, developed,
manufactured, or supplied by persons owned by,
controlled by, or subject to the influence of a foreign
adversary.
(b) The Secretary of Homeland Security shall continue to
assess and identify entities, hardware, software, and services
that present vulnerabilities in the United States and that pose
the greatest potential consequences to the national security of
the United States. The Secretary of Homeland Security, in
coordination with sector-specific agencies and coordinating
councils as appropriate, shall produce a written assessment
within 80 days of the date of this order, and annually
thereafter. This assessment shall include an evaluation of
hardware, software, or services that are relied upon by
multiple information and communications technology or service
providers, including the communication services relied upon by
critical infrastructure entities identified pursuant to section
9 of Executive Order 13636 of February 12, 2013 (Improving
Critical Infrastructure Cybersecurity).
(c) Within 1 year of the date of this order, and annually
thereafter, the Secretary, in consultation as appropriate with
the Secretary of the Treasury, the Secretary of Homeland
Security, Secretary of State, the Secretary of Defense, the
Attorney General, the United States Trade Representative, the
Director of National Intelligence, and the Chairman of the
Federal Communications Commission, shall assess and report to
the President whether the actions taken by the Secretary
pursuant to this order are sufficient and continue to be
necessary to mitigate the risks identified in, and pursuant to,
this order.
Sec. 6. General Provisions. (a) Nothing in this order shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, May 15, 2019.
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