General Services Administration Acquisition Regulation; Information Collection; Foreign Ownership and Financing Representation for High-Security Leased Space

Published date27 August 2021
Citation86 FR 48143
Record Number2021-18503
SectionNotices
CourtGeneral Services Administration
Federal Register, Volume 86 Issue 164 (Friday, August 27, 2021)
[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
                [Notices]
                [Page 48143]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-18503]
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                GENERAL SERVICES ADMINISTRATION
                [OMB Control No. 3090-0324: Docket No. 2021-0001; Sequence No. 10]
                General Services Administration Acquisition Regulation;
                Information Collection; Foreign Ownership and Financing Representation
                for High-Security Leased Space
                AGENCY: Office of Acquisition Policy, General Services Administration
                (GSA).
                ACTION: Notice of request for comments.
                -----------------------------------------------------------------------
                SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and
                Office of Management and Budget (OMB) regulations, GSA invites the
                public to comment on an extension concerning disclosure of foreign
                ownership information under high-security lease space acquisitions. OMB
                has approved this information collection for use through January 31,
                2022. GSA proposes that OMB extend its approval for use for three
                additional years beyond the current expiration date.
                DATES: GSA will consider all comments received by October 26, 2021.
                ADDRESSES: Submit comments on this information collection to https://www.regulations.gov. Submit comments via the Federal eRulemaking portal
                by searching for ``Information Collection 3090-0324''. Select the link
                ``Comment Now'' that corresponds with Information Collection 3090-0324.
                Follow the instructions provided at the ``Comment Now'' screen. Please
                include your name, company name (if any), and ``Information Collection
                3090-0324'' on your attached document.
                 Instructions: Please submit comments only and cite ``Information
                Collection 3090-0324'' in all correspondence related to this
                collection. Comments received generally will be posted without change
                to regulations.gov, including any personal and/or business confidential
                information provided. To confirm receipt of your comment(s), please
                check regulations.gov approximately two-to-three days after submission
                to verify posting.
                FOR FURTHER INFORMATION CONTACT: Mr. Stephen Carroll, 817-253-7858,
                General Services Acquisition Policy Division, by email at
                [email protected].
                SUPPLEMENTARY INFORMATION:
                A. Purpose
                 The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.)
                provides that an agency generally cannot conduct or sponsor a
                collection of information, and no person is required to respond to, nor
                be subject to, a penalty for failure to comply with a collection of
                information, unless that collection has obtained Office of Management
                and Budget (OMB) approval and displays a currently valid OMB Control
                Number.
                 Consistent with 5 CFR 1320.13, GSA requested and OMB authorized
                emergency processing of an information collection, as OMB Control
                Number 3090-0324, to identify the immediate or highest-level owner of
                high-security leased space, including any financing entity, and
                disclose whether that owner or financing entity is a foreign person or
                entity, including the country associated with the ownership or
                financing entity through GSAR 552.270-33. GSA has determined the
                following conditions have been met:
                 a. The collection of information is needed prior to the
                expiration of time periods normally associated with a routine
                submission for review under the provisions of the Paperwork
                Reduction Act, because the disclosure requirements of Section 3 of
                the Secure Federal LEASEs Act (Pub. L. 116-276) were effective on
                June 30, 2021.
                 b. The collection of information is essential to GSA's mission
                to ensure GSA complies with Section 3 in order to reduce security
                risks such as espionage and unauthorized cyber and physical access
                in high-security leased space.
                 c. GSA cannot comply with the normal clearance procedures
                because public harm is reasonably likely to result if current
                clearance procedures are followed.
                 This requirement supports implementation of Section 3 of the Secure
                Federal LEASEs Act (Pub. L. 116-276) for high-security leased space.
                This section requires offerors to identify the immediate or highest-
                level owner of the space, including any financing entity, and disclose
                whether that owner or financing entity is a foreign person or entity,
                including the country associated with the ownership entity. The
                offerors shall (1) provide such identification and disclosure when
                first submitting a proposal in response to a solicitation; and, if
                awarded the lease, (2) update such information annually.
                 This requirement is partially implemented in the Federal
                Acquisition Regulation (FAR) through the provisions at FAR 52.204-3,
                Taxpayer Identification, FAR 52.204-7, System for Award Management, FAR
                52.204-17, Ownership and Control of Offeror, and clause at FAR 52.204-
                13, System for Award Management Maintenance. OMB Control Numbers 9000-
                0097 and 9000-0185 cover the FAR provisions and clause. However, the
                FAR does not account for foreign financing as required by the Act.
                B. Annual Reporting Burden
                 This information collection applies to GSA lease procurements for
                high-security space. The annual public reporting burden for this
                collection of information through GSAR 552.270-33 is estimated based on
                the time for reviewing instructions, searching existing data sources,
                gathering and maintaining the data needed, and completing and reviewing
                the collection of information.
                 The annual reporting burden is estimated as follows:
                 1. Initial Disclosure
                 Baseline Representation
                 Estimated annual responses: 542.
                 Estimated hours per response: 2.
                 Additional Representation
                 Estimated annual responses: 54.
                 Estimated hours per response: 10.
                 Total Initial Response Burden Hours: 1,624.
                 2. Annual Updates
                 Estimated annual responses: 542.
                 Estimated hours per response: 0.25.
                 Total Update Response Burden Hours: 136.
                C. Public Comments
                 Public comments are particularly invited on: Whether this
                collection of information is necessary; whether it will have practical
                utility; whether our estimate of the public burden of this collection
                of information is accurate, and based on valid assumptions and
                methodology; ways to enhance the quality, utility, and clarity of the
                information to be collected; and ways in which we can minimize the
                burden of the collection of information on those who are to respond,
                through the use of appropriate technological collection techniques or
                other forms of information technology.
                Jeffrey A. Koses,
                Senior Procurement Executive, Office of Acquisition Policy, Office of
                Government-wide Policy.
                [FR Doc. 2021-18503 Filed 8-26-21; 8:45 am]
                BILLING CODE 6820-61-P
                

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