Defense Federal Acquisition Regulation Supplement (DFARS), Disclosure of Employment of Individuals Who Work in the People’s Republic of China

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
254965	Disclosure of Employment of Individuals Who Work in the People's Republic of China	New

ICR Details

OMB Control No:	ICR Reference No: 202208-0750-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOD/DARC	Agency Tracking No: 2022-D010
Title: Defense Federal Acquisition Regulation Supplement (DFARS), Disclosure of Employment of Individuals Who Work in the People’s Republic of China
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/19/2022
Date Submitted to OIRA: 08/05/2022

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	50	0
Time Burden (Hours)	50	0
Cost Burden (Dollars)	2,936	0

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Abstract: This information collection implements the requirements of section 855 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-81), which requires disclosures from any covered entity performing work on a DoD contract in the People's Republic of China. In accordance with section 855, this collection requires a disclosure when the offeror submits a proposal in response to a solicitation for a contract valued in excess of $5 million, excluding contracts for commercial items. Disclosure is also required after contract award, before renewal or modification of the contract.

Emergency Justfication: Passage of section 855 reflects concern on the part of Congress that performance of DoD contracts in the People’s Republic of China represents a risk to national security. The preaward and postaward disclosures are necessary to mitigate the risk associated with performance of DoD contracts and subcontracts at facilities located in the People’s Republic of China. Performance of a contract, whether classified or unclassified, in a nation that is not our ally may provide opportunities for that nation to gather sensitive information. It is a matter of national security to be aware of the entities, contracts, and subcontracts that are exposed to such risks, so that mitigation strategies can be implemented.

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Authorizing Statute(s): PL: Pub.L. 117 - 81 855 Name of Law: National Defense Authorization Act for Fiscal Year 2022
  

Citations for New Statutory Requirements: PL: Pub.L. 117 - 81 855 Name of Law: National Defense Authorization Act for Fiscal Year 2022

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0750-AL61	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Disclosure of Employment of Individuals Who Work in the People's Republic of China

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	50	0	50	0	0	0
Annual Time Burden (Hours)	50	0	50	0	0	0
Annual Cost Burden (Dollars)	2,936	0	2,936	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection with a new associated burden.

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Annual Cost to Federal Government: $734

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/05/2022

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