Frequently Asked Questions
Q. Why are you doing these assessments?
A. Microelectronics Industrial Base Assessment (Section 9904): This assessment was mandated by Congress under Section 9904, Title XCIX of the National Defense Authorization Act (NDAA) of Fiscal Year 2021 (15 USC §4654). Section 9904 of the legislation requires the Secretary of Commerce issue a mandatory survey using authorities in 50 U.S.C. 4555 (Section 705 of the Defense Production Act of 1950) to assess the capabilities of the U.S. microelectronics industrial base to support the national defense.
Mature Node Chips: The Department of Commerce is seeking to learn more about how companies are directly and indirectly sourcing mature-node semiconductors. Given the rapid expansion in production capacity from non-market companies, particularly in the People’s Republic of China (PRC), the Department is working to better understand the use and requirements for mature-node chips. The Department is seeking to address the growing risk that these chips could flood our market and make it impossible to achieve long-term supply chain security through domestic production—even with CHIPS & Science Act incentives.
Q. Who will be required to complete the survey?
A. Microelectronics Industrial Base Assessment (Section 9904): Organizations that support the design, production, and/or distribution of microelectronics in the United States will be required to participate in this mandatory data collection under the authority granted to BIS in Section 705 of Defense Production Act of 1950 (DPA) (50 U.S.C. App. Sec. 4555). Companies that do not receive a survey notification from BIS but believe their participation in the survey is warranted should contact BIS at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.
Mature Node Chips: Key organizations in sectors that support U.S. national security and critical infrastructure and manufacture, assemble, or distribute products containing microelectronics will be required to participate in this mandatory data collection. Additionally, organizations that design or provide mature-node semiconductors that have been manufactured in China will be required to participate. Companies that do not receive a survey notification from BIS but believe their participation in the survey is warranted should contact BIS at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.
Q. How long will it take to complete this survey?
A. The average time required to complete this survey is between 12 and 16 hours but may vary, depending on the structure of your company and the number of people involved. We encourage you to reach out to other departments (HR, accounting, IT, contracts, R&D, etc.) early in order to gather the required information in a timely manner. They are welcome to contact us directly if they have any questions. If you find any portion of the survey will take a significant number of hours to complete, please contact BIS for guidance. In many cases we can work together to find ways to minimize the time required. Many sections note that estimates are acceptable or ask for forecasts; these questions are understood to be speculative and your best reasonable estimates will, when aggregated with other responses, provide unique insights into the overall direction of the industry.
Q. Is this an annual and/or repeated collection?
A. No, this assessment is a one-time information collection performed by BIS, though BIS has performed similar assessments in the past and may be tasked to carry out similar assessments in the future.
Q. When do I have to complete this survey by?
A. Response is required within 30 days of notification. As it can often take longer than expected to coordinate survey responses, BIS recommends starting work on the survey well before this deadline. Additionally, surveys are not considered complete until certified as such by BIS. It is normal for organizations to receive feedback and required changes (along with a deadline extension) upon an initial submission. As you approach the deadline it can be helpful and encouraged to submit an incomplete response, as it allows for a record of your response as well as for BIS to provide feedback and guidance on completion of the remainder of the survey.
Q. Who at my organization should fill out the survey?
A. This survey has been more narrowly focused than many other DPA collections to minimize the burden on respondents. Nevertheless, there may be portions that require input from multiple parts of your organization. BIS often finds organizations will have a single person who maintains responsibility for completion of the survey – often someone with a management or legal job function with a holistic understanding of the organization and its operations – who is then able to delegate out portions of the survey for which they have insufficient insight.
Q. My organization does not have some of this data, should I reach out to suppliers?
A. No. The survey is intended to assess the data and knowledge available within your organization. There are spaces within the survey to indicate if information is not available or you are not confident in the quality of the estimates or data. This approach is meant to limit burden across all survey respondents. The survey support team is available at This email address is being protected from spambots. You need JavaScript enabled to view it. to assist with your response or answer questions about your approach to the survey.
Q. What authority does the Bureau of Industry and Security have to conduct this survey?
A. BIS has authority under Section 705 of Defense Production Act of 1950 (DPA) (50 U.S.C. App. Sec. 4555), as amended, to conduct research and analysis of critical technologies and industrial sectors to advance U.S. national security and economic competitiveness. BIS uses industry-specific surveys to obtain production, R&D, export control, employment, and other relevant data to inform U.S. Government policies and proposals.
Q. Has BIS conducted similar studies in the past?
A. Yes. Since 1986, BIS has conducted over 60 assessments and 150 surveys on a wide range of topics, including the U.S. defense industrial base, healthcare products, information and communications technology (ICT), NASA’s rocket propulsion sector, and strategic materials, among others. The results of most of BIS’s industrial base assessments can be found here: https://www.bis.doc.gov/dib.
Q. Is this assessment part of the CHIPS Act?
A. No. This survey is not part of the application for funding under Section 9902 of the 2021 NDAA (15 USC § 4652). Individual survey responses will not affect your organization's eligibility and/or consideration for CHIPS Act or other government funding.
Q. Will the findings from this assessment be publicly available?
A. BIS generated an initial report on the U.S. microelectronics industrial base, and anticipates that additional overall findings will be made available to the public. To safeguard the respondents as well as ensure the integrity of respondent information, data will be released only in aggregate form, unless the President, Secretary of Commerce, or Under Secretary of Industry and Security determine that withholding such information is contrary to U.S. national security. Data provided by industry is deemed business confidential under the DPA and is afforded protections from release under the Freedom of Information Act (FOIA).
Q. How is the Department protecting this information?
A. The authority to conduct this survey and collect this data is derived from the Defense Production Act of 1950 (50 U.S.C. App. Sec. 4555), as amended. The DPA prohibits public disclosure collected under this authority. Release of individual survey responses requires a determination from the Under Secretary of Industry and Security that not disclosing the information would be detrimental to national security.
Survey responses are also protected via exemptions to the Freedom of Information Act (FOIA) that protect Confidential Business Information (CBI). For example, Exemption 4 of the FOIA protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential." This exemption is intended to protect the interests of both the government and survey respondents. Its very existence encourages submitters to voluntarily furnish useful commercial or financial information to the government and it correspondingly provides the government with an assurance that such information will be reliable. The exemption also affords protection to those submitters who are required to furnish commercial or financial information to the government by safeguarding them from the competitive disadvantages that could result from disclosure. The exemption covers two broad categories of information in federal agency records: (1) trade secrets; and (2) information that is (a) commercial or financial, and (b) obtained from a person, and (c) privileged or confidential.
BIS is committed to keeping respondents’ data safe and secure and will protect it from unauthorized disclosure.
Q. What information security procedures does the Department of Commerce and BIS have in place to protect my information?
A. FISMA is the Federal Information Security Modernization Act of 2014, 44 U.S.C. § 3551 et seq., Public Law (P.L.) 113-283. FISMA requires each federal agency to develop, document, and implement an agency-wide program to provide information security for the information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source.
BIS is committed to ensuring that all information is protected from unauthorized disclosure. BIS complies with all FISMA-related security standards and guidance to ensure information security.
Q. How can I contact the BIS team?
A. For questions related the mature node chip usage collection, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.; for questions on the broader U.S. microelectronics industrial base assessment (Section 9904), please use This email address is being protected from spambots. You need JavaScript enabled to view it..