80 FR 61334 - Agency Information Collection Activities: Request for Comments; Renewal of a Currently Approved Collection: Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants and Awardees

DEPARTMENT OF AGRICULTURE

Federal Register Volume 80, Issue 197 (October 13, 2015)

This notice announces the intention of the Office of the Chief Financial Officer to request approval from the Office of Management and Budget (OMB) to renew an approved information collection associated with Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants and Awardees.

[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61334-61335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25233]


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Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / 
Notices

[[Page 61334]]



DEPARTMENT OF AGRICULTURE


Agency Information Collection Activities: Request for Comments; 
Renewal of a Currently Approved Collection: Representations Regarding 
Felony Conviction and Tax Delinquent Status for Corporate Applicants 
and Awardees

AGENCY: Office of the Chief Financial Officer, USDA.

ACTION: Notice and request for comments.

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SUMMARY: This notice announces the intention of the Office of the Chief 
Financial Officer to request approval from the Office of Management and 
Budget (OMB) to renew an approved information collection associated 
with Representations Regarding Felony Conviction and Tax Delinquent 
Status for Corporate Applicants and Awardees.

DATES: Written comments on this notice must be received by December 14, 
2015 to be assured of consideration.

ADDRESSES: Comments may be submitted by either one of the following 
methods:
     Federal eRulemaking Portal: This Web site provides the 
ability to type short comments directly into the comment field on this 
Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Postal Mail/Commercial Delivery: Send to Director, 
Transparency and Accountability Reporting Division, Office of the Chief 
Financial Officer, Room 3027-S, Stop Code 9011, U.S. Department of 
Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.
     Desk Officer for Agriculture, Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), 
[email protected] or fax (202) 395-5806.
    All comments received will be available for public inspection and 
posted without change, including any personal information, to http://regulations.gov. or during regular business hours at the same address.

FOR FURTHER INFORMATION CONTACT: Tyson P. Whitney, Director, 
Transparency and Accountability Reporting Division, Office of the Chief 
Financial Officer, Room 3027-S, Stop Code 9011, U.S. Department of 
Agriculture, 1400 Independence Avenue SW., Washington, DC 20250; (202) 
720-8978; [email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995 (44 U.S.C. Chapter 35), this notice announces the intention 
of the Office of the Chief Financial Officer to request approval from 
the Office of Management and Budget (OMB) to renew an approved 
information collection associated with Representations Regarding Felony 
Conviction and Tax Delinquent Status for Corporate Applicants and 
Awardees.
    Title: Representations Regarding Felony Conviction and Tax 
Delinquent Status for Corporate Applicants and Awardees in Non-
procurement Programs.
    OMB Control Number: 0505-0025.
    Expiration Date of Approval: February 2016.
    Form Numbers: AD-3030 (Representations Regarding Felony Conviction 
and Tax Delinquent Status For Corporate Clients), AD-3031 (Assurance 
Regarding Felony Conviction or Tax Delinquent Status For Corporate 
Applicants).
    Type of Request: Renewal of a currently approved information 
collection.
    Abstract: The U.S. Department of Agriculture's (USDA) agencies and 
staff offices must comply with the restrictions set forth in sections 
744 and 745 of the Consolidated and Further Continuing Appropriations 
Act, 2015, Public Law 113-235, as amended and/or subsequently enacted), 
hereinafter Public Law 113-235, which prevents agencies from doing 
business with corporations that (1) have been convicted of a felony 
criminal violation under Federal law within the preceding 24 months 
preceding the award and/or (2) have any unpaid Federal tax liability 
that has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability; unless the agency or 
staff office has considered suspension or debarment of the recipient 
corporation and made a determination that suspension or debarment is 
not necessary to protect the interests of the Government.
    To comply with the appropriation restrictions, the information 
collection requires corporate applicants and awardees for USDA programs 
to represent accurately whether they have or do not have qualifying 
felony convictions or tax delinquencies that would prevent entrance 
into proposed business transactions with USDA. For non-procurement 
programs and transactions, these representations are collected on forms 
AD-3030 (Representations Regarding Felony Conviction and Tax Delinquent 
Status For Corporate Applicants) and AD-3031 (Assurance Regarding 
Felony Conviction Or Tax Delinquent Status For Corporate Applicants). 
This notice and proposed renewal of an approved information collection 
deal only with USDA non-procurement transactions. The categories of 
non-procurement transactions covered include: Non-procurement 
contracts, grants, loans, loan guarantees, cooperative agreements, and 
some memoranda of understanding/agreement. For more specific 
information about whether a particular non-procurement program or 
transaction is included in this list please contact the USDA agency or 
staff office responsible for the program or transaction in question.
    In Fiscal Years 2012-2014 the appropriation restriction provisions 
were not uniform across the government. To effectuate compliance, USDA 
initially created and received clearance of two sets of forms--one set 
for use by all USDA agencies and offices, except the Forest Service 
(AD-3030, AD-3031) and one set for use by the Forest Service (AD-3030-
FS and AD-3031-FS). In 2015, Congress eliminated the multiple versions 
of the appropriation restriction provisions and enacted a single set of 
government-wide provisions for all agencies and departments, thereby 
allowing USDA to collect this data with one set of forms--AD-3030 and 
AD-3031. The current

[[Page 61335]]

clearance for these forms expires February 2016. The representations 
continue to be required as reflected in Public Law 113-235. To ensure 
that USDA agencies and staff offices are positioned to continue 
compliance with the appropriation restrictions for their duration, the 
Office of the Chief Financial Officer is issuing this renewal approval 
notice for another formal three year clearance of the information 
collection request. Should the appropriation restrictions become 
ineffective or not be continued during the three year clearance period, 
this information request will be canceled when it is no longer 
required.
    Form AD-3030 (required during the application process) will 
effectuate compliance with the appropriation restrictions by requiring 
all corporate applicants to represent at the time of application for a 
non-procurement program whether they have any felony convictions or tax 
delinquencies that would prevent USDA from doing business with them. 
Form AD-3031 (applicable at the time of the award) requires an 
affirmative representation that corporate awardees for non-procurement 
transactions do not have any felony convictions or tax delinquencies. 
If the application and award process occurs in a single step, the 
agency or staff office may require concurrent submission of both forms. 
Corporations (for profit and non-profit entities) include, but are not 
limited to, any entity that has filed articles of incorporation in one 
of the 50 States, the District of Columbia, or the various territories 
of the United States.
    Collection of this information is necessary to ensure that USDA 
agencies and staff offices comply with the appropriation restrictions 
prohibiting the Government from doing business with corporations with 
felony convictions and/or tax delinquencies.
    Estimate of Burden: Public reporting burden for this information 
collection is estimated to average 15 minutes per response.
    Frequency of Collection: Other: Corporations--AD-3030--each time 
they apply to participate in a multitude of USDA non-procurement 
programs; Awardees--AD-3031--each time they receive an award from USDA 
non-procurement programs.
    Type of Respondents: Corporate applicants and awardees for USDA 
non-procurement programs, including grants, cooperative agreements, 
loans, loan guarantees, some memoranda of understanding/agreement, and 
non-procurement contracts.
    Estimated Number of Annual Respondents: 741,544.
    Estimated Number of Responses per Respondent: 2.75.
    Estimated Total Annual Responses: 2,039,246.
    Estimated Total Annual Burden Hours on Respondents: 509,812.
    We are requesting comments on all aspects of this information 
collection to help us to:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agencies and staff 
offices, including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
collection of information, including the validity of the methodology 
and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including the use of appropriate automated, 
electronic, mechanical, technological and other forms of information 
technology collection methods.
    All responses to this notice, including names and addresses when 
provided, will be summarized and included in the request for OMB 
approval. All comments will also become a matter of public record.

Jon M. Holladay,
Chief Financial Officer.
[FR Doc. 2015-25233 Filed 10-9-15; 8:45 am]
 BILLING CODE 3410-KS-P