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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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the associated country. Awardees will also be required to re-represent on an annual basis.
This representation also applies upon change of ownership/novations.
As of June 2021, GSA has approximately 7,860 leases in total. Approximately 68
percent 5,345 of leasing entities were small entities. This information is based on internal inventory data sources. Approximately 1,263
of GSA portfolio leases are for high-security lease space lease space in a facility with a security level of III, IV, or V. 76 leases per year are estimated to be solicited for new high-security space procurements. These solicitations result from a mix of expiring high-security leases or new requirements for high-security facilities. Using the approximation above 68 percent, GSA
estimates that for the 1,263 lessors already maintaining leased space at a Level III, IV, or V secure facility approximately 859 will be small entities 1,26368 percent. If GSA
includes agencies with delegated leasing authority, the approximate number of total leases at a Level III, IV, or V is 1,471. This would increase the approximate number of small entities to 1000 from 859. For the estimated 76 solicitations in subsequent years, assuming 3 offerors per solicitation, approximately 155 will be submitted by small entities.
The clause at GSAR 552.27034 requires lessors for high-security leased space to limit access to the space unless approved by an authorized Government representative.
This rule does not duplicate, overlap, or conflict with any other Federal rules.
Because of the requirements outlined by the statute, it is not possible to establish different compliance or reporting requirements or timetables that take into account the resources available to small entities or to exempt small entities from coverage of the rule, or any part thereof.
However, in order to reduce the burden imposed on the public, GSA is currently reviewing and investigating potential future implementation through electronic means, including externally System for Award Management or internally GSAs Lease Offer Platform.
Entities that provide affirmative responses when completing the representation at 552.27033 would be required to provide additional representation information in their offers for high-security leases.

The Regulatory Secretariat Division has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat Division. GSA
invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.
GSA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C.
610. Interested parties must submit such comments separately and should cite 5
U.S.C. 610 GSAR Case 2021G527 in correspondence.

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X. Paperwork Reduction Act The Paperwork Reduction Act 44
U.S.C. chapter 35 applies. GSA has requested, and OMB authorized, emergency processing of the collection of information involved in this rule, consistent with 5 CFR 1320.13. 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 PRA, because the immediate and highest level owner disclosure requirement for high-security leased space in the Secure Federal LEASEs Act goes into effect on June 30, 2021.
b. The collection of information is essential to the mission of GSA to ensure compliance with the Secure Federal LEASEs Act and protect the Government supply chain from risks posed by foreign owners.
c. Moreover, GSA cannot comply with existing representations because public harm is reasonably likely to result if current procedures are followed.
Specifically, authorizing collection of this information will ensure that GSA
does not enter into leases that are in violation of the Secure Federal LEASEs Act or enter into, extend, or renew leases with any entity or lessor that is in violation of the Secure Federal LEASEs Act.
This requirement supports implementation of Section 3 of the Secure Federal LEASEs Act Pub. L.
116276 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 52.2043, Taxpayer Identification, FAR 52.2047, System for Award Management, FAR 52.204
17, Ownership and Control of Offeror, and clause at FAR 52.20413, System for Award Management Maintenance.
OMB Control Numbers 90000097 and 90000185 cover the FAR provisions and clause. However, the FAR does not account for foreign financing as required by the Act.

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The annual public reporting burden for this collection of information through GSAR 552.27033 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.
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.
XI. Determination To Issue an Interim Rule A determination has been made under the authority of the Administrator of General Services GSA that urgent and compelling circumstances necessitate that this interim rule go into effect earlier than 60 days after its publication date.
Since the Secure Federal LEASEs Act was signed on December 30, 2020, GSA
has been working diligently to implement the statute, which has multiple effective dates embedded.
Specifically, Section 7 requires implementation of the Section 3
requirements by June 30, 2021.
Given the complexity of the Secure Federal LEASEs Act, this rule required thorough efforts to reach out to other agencies and conduct up-front analysis.
These factors have left GSA with insufficient time to publish the rule with 60 days before the legislatively established effective date of June 30, 2021, or to complete full public notice and comment before the rule becomes
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