National Institute of Standards and Technology CHIPS Expansion Clawback Information Collection

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CHIPS Guardrails NPRM Supporting Statement.docx	Supporting Statement A	Uploaded 2023-03-23	Available
CHIPS Guardrails NPRM Supporting Statement.docx	Supporting Statement A	Uploaded 2023-03-23	Repair queued
Published NPRM FRN.pdf	Supplementary Document	Uploaded 2023-03-23	Available
Published NPRM FRN.pdf	Supplementary Document	Uploaded 2023-03-23	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
258603	NIST CHIPS Expansion Clawback Information Collection	Other-Information Collection	New

ICR Details

OMB Control No: 0693-0096	ICR Reference No: 202302-0693-004
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOC/NIST	Agency Tracking No: ER
Title: National Institute of Standards and Technology CHIPS Expansion Clawback Information Collection
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 04/07/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/23/2023
Terms of Clearance: Commerce/NIST should re-submit this collection at the time the final rule is submitted for OMB review.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The CHIPS Act (the Act) established a manufacturing incentives program to sustain and reestablish U.S. leadership across the semiconductor supply chain. To ensure that funding provided through the CHIPS program does not directly or indirectly benefit foreign countries of concern, the Act includes certain limitations on beneficiaries, such as restricting engagement in any significant transaction involving the material expansion of semiconductor manufacturing capacity in foreign countries of concern and prohibiting certain joint research or technology licensing efforts with foreign entities of concern. The Department of Commerce (Commerce) is issuing, a proposed rule to set forth terms related to these limitations and procedures for a benefiting entity to notify the Secretary of any planned significant transactions that may be prohibited. This information collection will be utilized as an information collection set forth in the proposed rule.

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Authorizing Statute(s): US Code: 15 USC 4652 Name of Law: The Expansion Clawback Section of the CHIPS Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0693-AB70	Proposed rulemaking	88 FR 17439	03/23/2023

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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
NIST CHIPS Expansion Clawback Information Collection

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new information collection.

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Annual Cost to Federal Government: $110,000

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.     Yes

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: 03/23/2023

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