[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60801-60802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24090]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number 211026-0219]


Study on People's Republic of China (PRC) Policies and Influence 
in the Development of International Standards for Emerging Technologies

AGENCY: National Institute of Standards and Technology (NIST), 
Commerce.

ACTION: Request for information.

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SUMMARY: The National Institute of Standards and Technology (NIST) is 
soliciting public comment on People's Republic of China (PRC) policies 
and influence in the development of international standards for 
emerging technologies. Section 9414 of the National Defense 
Authorization Act (NDAA) of 2021 directs NIST to enter into an 
agreement with an appropriate entity to conduct a study and provide 
recommendations with respect to the effect of policies of the PRC and 
coordination among industrial entities within the PRC on international 
bodies engaged in developing and setting international standards for 
emerging technologies. NIST is seeking comments to provide information 
for the study and resulting recommendations. In addition to the 
specific topic areas found in the Request for Information section of 
this notice, commenters may provide responses to any other relevant 
issues. Recommendations on the actions the United States could take to 
mitigate any undue influence of the PRC and bolster United States 
public and private sector participation in international standards-
setting bodies are also sought. Comments received in response to this 
request will be used to inform the work of the entity.

DATES: Comments must be received by 5:00 p.m. Eastern time on December 
6, 2021. Written comments in response to the RFI should be submitted 
according to the instructions in the ADDRESSES section below. 
Submissions received after that date may not be considered.

ADDRESSES: Comments may be submitted by any of the following methods:
     Electronic submission: Submit electronic public comments 
via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov and enter NIST-2021-0006 in the search 
field,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
    Comments containing references, studies, research, and other 
empirical data that are not widely published should include copies of 
the referenced materials. All submissions, including attachments and 
other supporting materials, will become part of the public record and 
subject to public disclosure. NIST reserves the right to publish 
relevant comments publicly, unedited and in their entirety. Personal 
information, such as account numbers or Social Security numbers, or 
names of other individuals, should not be included. Do not submit 
confidential business information, or otherwise sensitive or protected 
information. Comments that contain profanity, vulgarity, threats, or 
other inappropriate language or content will not be considered.

FOR FURTHER INFORMATION CONTACT: David F. Alderman, Standards Services 
Division, National Institute of Standards and Technology via email: 
[email protected], or phone; 240-446-8843. Please direct media 
inquiries to NIST's Office of Public Affairs at (301) 975-2762 or 
[email protected].

SUPPLEMENTARY INFORMATION: NIST's Standards Coordination Office (SCO), 
initiates and manages programs, tools and activities to enhance U.S. 
industry competitiveness and federal agencies' coordination on issues 
related to technical standards and conformity assessment.
    SCO monitors and participates in standards development and 
conformity assessment activities globally, consults with other federal 
agencies on standards policy issues, offers workshops and educational 
seminars for domestic and international audiences, and provides 
standards-related research and information services. More information 
can be found at https://www.nist.gov/standardsgov/about-standardsgov.
    All industries use standardized processes and specifications to 
ensure that products are built to work together seamlessly. If each 
country or company did not adhere to the same standards, technologies 
would not be able to easily work with products designed by other 
companies or to work in other markets. In effect, standards allow 
products to be designed and produced at scale and used worldwide, which 
facilitates global trade. For example, the Wi-Fi standard provides the 
requirements for wireless local area networks and has facilitated the 
broad-based adoption of Wi-Fi wireless technology, which is now 
ubiquitous and has become indispensable for home networking, public 
internet connectivity, supporting the Internet of Things, and more.
    Standards can also be proprietary and for-profit. For example, an 
operating system in a phone is open-source in order to promote 
standardization among smartphone makers and app developers, but 
companies still must pay licensing fees to use it.
    There is not a single process by which all standards are created. 
Generally speaking, standards are set by a combination of private 
companies who are industry leaders as well as by international industry 
associations. Standards are enforced either as a convention--a ``best 
practice''--or as formal agreements, depending on the industry and 
product.
    Standards are not just useful for solving practical issues of 
compatibility, but also because they accelerate innovation. When 
companies use open standards rather than proprietary ones, they do not 
need to devote resources to developing their own internal systems and 
can instead follow established practices. International standards allow 
regulators and governments to improve trade policies and develop better 
regulations. International standards developed in a process consistent 
with the World Trade Organization's Technical Barriers to Trade 
Agreement provide an ideal tool to support trade agreements, and to 
provide confidence that requirements for products and testing have 
global relevance and are accepted worldwide.

[[Page 60802]]

Requirements of the Statutory Provision

    Section 9414 of the National Defense Authorization Act for Fiscal 
Year 2021 (``William M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021'') (Pub. L. 116-283) requires NIST to enter 
into an agreement with an appropriate entity to study the effect of the 
policies of the People's Republic of China and coordination among 
industrial entities within the People's Republic of China on 
international bodies engaged in developing and setting international 
standards for emerging technologies.
    ``Made in China 2025'' is a strategic plan that was initiated in 
2015 to reduce China's dependence on foreign technology and promote 
Chinese technological manufacturers in the global marketplace. The goal 
was to reach this objective by the year 2025, a decade from the year 
when the plan first took root. More information on the ``Made in China 
2025'' policy can be found at http://english.www.gov.cn/policies/latest_releases/2015/05/19/content_281475110703534.htm.
    The ``China Standards 2035'' project will most likely build upon 
Made in China 2025. The ``China Standards 2035'' plan will lay out a 
blueprint for China's government and leading technology companies to 
set global standards for emerging technologies in areas such as 
artificial intelligence and advanced communications technology.
    International standards need to be relevant and to effectively 
respond to regulatory and market needs, as well as scientific and 
technological developments in various countries. They should not 
distort the global market, have adverse effects on fair competition, or 
stifle innovation and technological development. In addition, they 
should not give preference to the characteristics or requirements of 
specific countries or regions when different needs or interests exist 
in other countries or regions. Whenever possible, international 
standards should be performance based rather than based on design or 
descriptive characteristics.

Request for Information

    To ensure that the broad perspective of the standards community 
informs the development of and aligns with government's future plans 
and approaches, this RFI invites stakeholders throughout the scientific 
research, advocacy, industry, and non-scientific communities, including 
the general public, to comment. The enumerated list of topics below 
covers the major areas about which NIST seeks comment and is not 
intended to limit the topics that may be addressed. Commenters may 
provide responses to other relevant issues, such as the extent to which 
the PRC partners with foreign governments or multinational corporations 
to promote technical standards that may advantage PRC companies, 
entities, or state objectives; the aims of the PRC in international 
standards setting organizations, including an analysis of Chinese-
language sources; the standardization strategy of the PRC, as 
identified in the stated intentions of the ``China Standards 2035'' 
plan, including how and to what extent that strategy has been 
implemented and has influenced PRC industry and academic sectors, 
including in the development of indigenous standards with international 
implications. Commenters may also offer comments on whether 
international standards for select emerging technologies (e.g., 
electronics, artificial intelligence, the Internet of Things (IoT), 
blockchain and financial technologies, clean energy technologies, and 
quantum information technologies) are being designed to promote or 
favor interests of the PRC, as expressed in the ``Made in China 2025'' 
plan, to the exclusion or disadvantage of other participants or in a 
way that may not result in the best technological solution. Responses 
may include any topic believed to have implications for the study.
    1. The participation of the People's Republic of China in 
international standards setting organizations over the previous 10 
years, including leadership roles in standards drafting technical 
committees, and the quality or value of that participation;
    2. The effect of the standardization strategy of the People's 
Republic of China, as identified in the ``China Standards 2035'' plan 
on international bodies engaged in developing and setting standards for 
select emerging technologies, such as advanced communication 
technologies, or cloud computing and cloud services;
    3. Whether international standards for select emerging technologies 
are being designed to promote interests of the People's Republic of 
China as expressed in the ``Made in China 2025'' plan to the exclusion 
of other participants;
    4. How previous practices used by the People's Republic of China 
while participating in international standards setting organizations 
may foretell how the People's Republic of China is likely to engage in 
international standardization activities of critical technologies like 
artificial intelligence and quantum information science, and what may 
be the consequences;
    5. Recommendations on how the United States can take steps to 
mitigate the influence of the People's Republic of China and bolster 
United States public and private sector participation in international 
standards-setting bodies.

Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2021-24090 Filed 11-3-21; 8:45 am]
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