Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region--Certification; DFARS Provision 252.225-70UU

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Forms and supporting documents for this ICR

Document	Type	Status	Availability

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IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
257016	DFARS provision 252.225-70UU		New

ICR Details

OMB Control No: 0750-0007	ICR Reference No: 202211-0750-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOW/DARC	Agency Tracking No:
Title: Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region--Certification; DFARS Provision 252.225-70UU
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: 12/09/2022
OIRA Conclusion Action: Preapproved	Conclusion Date: 12/05/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/25/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	6 Months From Approved
Responses	931,091	0	0
Time Burden (Hours)	931,091	0	0
Cost Burden (Dollars)	54,673,664	0	0

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Abstract: DFARS solicitation provision 252.225-70UU implements the statutory requirement for offerors to certify that they have made a good faith effort to determine that forced labor from the Xinjiang Uyghur Autonomous Region of the People's Republic of China was not or will not be used in the performance of a contract.

Emergency Justfication: This information collection implements section 848 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-81), which requires offerors to certify that they have made a good faith effort to determine that forced labor from the Xinjiang Uyghur Autonomous Region in the People’s Republic of China (XUAR) was not or will not be used in the performance of a contract. Section 848 prohibits DoD’s use of funds to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of any forced labor programs. There is an urgent need for DoD to immediately begin collecting the disclosures in order to avoid unknowingly funding the use of forced labor from XUAR. If DoD remains unaware of the entities that are involved in furthering the abuses against the Uyghurs, appropriated funds may be used to cause irreparable harm to the Uyghurs.

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Authorizing Statute(s): PL: Pub.L. 117 - 81 848 Name of Law: PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION
  

Citations for New Statutory Requirements: PL: Pub.L. 117 - 81 848 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-AL59	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

table that charts list of burden

IC Title	Form No.	Form Name
DFARS provision 252.225-70UU

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ICR Summary of Burden

table that charts list 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	931,091	0	931,091	0	0	0
Annual Time Burden (Hours)	931,091	0	931,091	0	0	0
Annual Cost Burden (Dollars)	54,673,664	0	54,673,664	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:

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Annual Cost to Federal Government:

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: 11/25/2022

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