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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
ICR Reference No:
202401-0694-002
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
DOC/BIS
Agency Tracking No:
Title:
Taking Additional Steps To Address the National Emergency With Respect To Significant Malicious Cyber-Enabled Activities
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:
01/24/2024
OIRA Conclusion Action:
Improperly submitted
Conclusion Date:
01/22/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/22/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
6 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
Information Collection is necessary due to Executive Order (EO) 13984, “Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities,” (Jan. 19, 2021). This EO directs the Secretary of Commerce (Secretary) to propose regulations requiring U.S. Infrastructure as a Service (IaaS) providers of IaaS products to verify the identity of their foreign customers, along with procedures for the Secretary to grant exemptions, and authorizes special measures to deter foreign malicious cyber actors’ use of U.S. IaaS products. EO 14110, "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" (Oct. 30, 2023) further directs the Secretary to propose regulations that require providers of certain IaaS products to submit a report to the Secretary when a foreign person transacts with that provider or reseller to train a large Artificial Intelligence (AI) model with potential capabilities that could be used in malicious cyber-enabled activity.
Emergency Justfication:
The collection of information is needed to meet requirements described in Executive Orders (EOs) 138941 and EO 14110.2 EOs 13984 and 14110 seek to address, among other things, the vulnerability of U.S. IaaS products to exploitation by foreign malicious cyber actors, and misuse of U.S. IaaS by malicious foreign entities to enhance AI capabilities. The establishment of annual certification reporting requirements is an important part of implementing EOs 13984 and 14110 and will also allow for appropriate monitoring of the risk of abuse of U.S. IaaS products by malicious cyber actors.
Authorizing Statute(s):
EO: EO 13984 Name/Subject of EO: Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cybe
Citations for New Statutory Requirements:
EO: EO 13984 Name/Subject of EO: Taking Additional Steps To Address the National Emergency With Respect To Significant Malicious Cybe
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Taking Additional Steps To Address the National Emergency With Respect To Significant Malicious Cyber-Enabled Activities
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This emergency collection is necessary due to EO 13984, "Taking Additional Steps To Address the National Emergency With Respect To Significant Malicious Cyber-Enabled Activities."
Annual Cost to Federal Government:
$409,200
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
Agency Contact:
Mark Crace 202 482-8093 mark.crace@bis.doc.gov
Common Form ICR:
No
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:
01/22/2024
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