National Institute of Standards and Technology CHIPS Expansion Clawback Information Collection

Forms and Documents

Document Name	Status
Expansion Clawback NPRM NOA.pdf Supplementary Document	2023-09-27
CHIPS Guardrails PRA Supporting Statement for Final Rule.docx Supporting Statement A	2023-09-27
Published Final Rule.pdf Supplementary Document	2023-09-27
Published NPRM FRN.pdf Supplementary Document	2023-03-23

IC Document Collections

IC ID	Document Title	Status
258603	NIST CHIPS Expansion Clawback Information Collection Other-Information Collection	Modified

ICR Details

OMB Control No: 0693-0096	ICR Reference No: 202309-0693-009
Status: Received in OIRA	Previous ICR Reference No: 202302-0693-004
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	Date Submitted to OIRA: 09/27/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	11	0
Time Burden (Hours)	22	0
Cost Burden (Dollars)	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	Final or interim final rulemaking	88 FR 65600	09/25/2023

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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

IC Title	Form No.	Form Name
NIST CHIPS Expansion Clawback Information Collection

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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	11	0	0	11	0	0
Annual Time Burden (Hours)	22	0	0	22	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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 an ICR associated with a Final Rule.

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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: 09/27/2023

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