[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Notices]
[Pages 58387-58388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23881]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

 [OMB Control No. 9000-0168; Docket 2010-0083; Sequence 20]


Federal Acquisition Regulation; Information Collection; American 
Recovery and Reinvestment Act-Reporting Requirements--One-Time 
Reporting, Compensation Requirements

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for comments regarding an extension to an 
existing OMB clearance (9000-0168).

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Federal Acquisition Regulation Regulatory 
Secretariat, will be submitting to the Office of Management and Budget 
(OMB) a request to review and approve an extension of a currently 
approved information collection requirement concerning the American 
Recovery and Reinvestment Act-Reporting Requirements--One Time-
Reporting, Compensation Requirements.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and 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.

DATES: Submit comments on or before November 23, 2010.

ADDRESSES: Submit comments identified by Information Collection 9000-
0168 by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``Information 
Collection 9000-0168'' under the heading ``Enter Keyword or ID'' and 
selecting ``Search''. Select the link ``Submit a Comment'' that 
corresponds with ``Information

[[Page 58388]]

Collection 9000-0168.'' Follow the instructions provided at the 
``Submit a Comment'' screen. Please include your name, company name (if 
any), and ``Information Collection 9000-0168'' on your attached 
document.
     Fax: 202-501-4068.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street, NW., Room 4041, Washington, DC 
20405. ATTN: Hada Flowers/IC 9000-0168.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0168, in all correspondence related to this collection. 
All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT:  Mr. Ernest Woodson, Procurement 
Analyst, Contract Policy Branch, at telephone (202) 501-3775 or via e-
mail to [email protected].

SUPPLEMENTARY INFORMATION: 

A. Purpose

    The Federal Acquisition Regulation (FAR) subpart 4.15, and clause 
52.204-11 requires contractors to report on use of Recovery Act funds. 
Contracting officers must include the new clause in solicitations and 
contracts funded in whole or in part with Recovery Act funds, except 
classified solicitations and contracts. Commercial item contracts and 
Commercially Available Off-The-Shelf (COTS) item contracts will be 
covered, as well as actions under the simplified action threshold.
    One-Time Reporting, Compensation Requirements. A one-time reporting 
element for which the burden is imposed on certain prime contractors 
and first-tier subcontractors to publicly disclose the names and total 
compensation of each of the contractor's or first-tier subcontractor's 
five most highly compensated officers, for the calendar year in which 
the award was made.
    While Section 1512(c)(4) of the Recovery Act requires reporting on 
all FFATA data elements, including the compensation information, it 
limits the prime's reporting responsibility to first tier 
subcontractors that meet the applicability requirements. The FAR clause 
requires this compensation disclosure for prime contractors as well 
because to exclude prime contractors while requiring disclosure for 
first-tier subcontractors would be unsupportable given the transparency 
goals of both FFATA and the Recovery Act. There are likely to be some 
prime contractors that already provide public access to the 
compensation of senior executives through periodic reports filed under 
section 13(a) or 15(d) of the Securities Exchange Act of 1934 or 
section 6104 of the Internal Revenue Code of 1986. For purposes of this 
analysis, the Government estimates that 5 percent of prime contractors 
already provide such public access. There are also likely to be some 
first-tier subcontractors that do not meet either of the revenue 
thresholds for applicability. For purposes of this analysis, the 
Government estimates that 5 percent of first-tier subcontractors will 
not have to disclose compensation information because they do not meet 
the revenue thresholds.

B. Annual Reporting Burden

    Respondents: 76,049.
    Responses Per Respondent: 1.25.
    Total Annual Reponses: 95,061.
    Hours Per Response: 3.
    Total Burden Hours: 285,183.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room 
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB 
Control No. 9000-0168, American Recovery and Reinvestment Act-Reporting 
Requirements--One-Time Reporting, Compensation Requirements, in all 
correspondence.

    Dated: September 17, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-23881 Filed 9-23-10; 8:45 am]
BILLING CODE 6820-EP-P