81 FR 9420 - Office of the Chief Financial Officer; Submission for OMB Review; Comment Request

DEPARTMENT OF AGRICULTURE

Federal Register Volume 81, Issue 37 (February 25, 2016)

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9420-9421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03975]


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DEPARTMENT OF AGRICULTURE


Office of the Chief Financial Officer; Submission for OMB Review; 
Comment Request

February 19, 2016.
    The Department of Agriculture has submitted the following 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments 
are requested regarding (1) whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (2) the 
accuracy of the agency's estimate of burden including the validity of 
the methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Comments regarding this information collection received by March 
28, 2016 will be considered. Written comments should be addressed to: 
Desk Officer for Agriculture, Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), New Executive Office 
Building, 725 17th Street NW., Washington, DC 20502. Commenters are 
encouraged to submit their comments to OMB via email to: 
[email protected] or fax (202) 395-5806 and to Departmental 
Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-
7602. Copies of the submission(s) may be obtained by calling (202) 720-
8958.
    An agency may not conduct or sponsor a collection of information 
unless the collection of information displays a currently valid OMB 
control number and the agency informs potential persons who are to 
respond to the collection of information that such person are not 
required to respond to the collection of information unless it displays 
a currently valid OMB control number.

Office of the Chief Financial Officer

    Title: Information Collection Request; Representations Regarding 
Felony Conviction and Tax Delinquent Status for Corporate Applicants 
and Awardees.
    OMB Control Number: 0505-0025.
    Summary of Collection: The appropriations restrictions contained in 
all of the respective appropriations acts since fiscal year (FY) 2012 
regarding financial transactions with corporations that have tax 
delinquencies or felony convictions were continued in the Consolidated 
Appropriations Act, 2016, Public Law 114-113. The restrictions are 
located in Division E, Title VII, sections 745 and 746, respectively. 
The restrictions apply to transactions with corporations that (1) 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, where the awarding agency is aware of the unpaid tax 
liability and (2) were ``convicted of a felony criminal violation under 
any Federal law within the preceding 24 months, where the awarding 
agency is aware of the conviction. The restricted transactions include 
contracts, grants, loans, loan guarantees, cooperative agreements, and 
memoranda of understanding/agreement). The restrictions may not apply 
if a Federal agency considers suspension or debarment of the 
corporation and determines that such action is not necessary to protect 
the interests of the Government. The U.S. Department of Agriculture's 
(USDA) agencies and staff offices must comply with the restrictions.
    During fiscal years 2012-2014, similar provisions were not uniform 
across the government. For USDA, one set of provisions applied to all 
agencies and staff offices except the Forest Service and a second set 
of slightly different provisions applied only to the Forest Service. To 
facilitate compliance with the appropriations restrictions, USDA 
created two sets of forms--one for use by all USDA agencies and staff 
offices (Forms AD-3030-Y and AD-3031-Y and one for use only by the 
Forest Service (Forms AD-3030 FS and AD-3031 FS). In FY 2015 Congress 
enacted slightly different government-wide provisions for all agencies 
and departments. In response, USDA created a new set of forms that 
adhered to the change for use by all of its agencies and staff offices 
including the Forest Service (Forms AD-3030 and AD-3031).
    USDA must also comply with prior year provisions issued between FY 
2012-2014 to the extent that carry over/no year funds provided by those 
years' appropriations were used in awards or award adjustments.
    Need and Use of the Information: To comply with the appropriations 
restrictions, the information collection requires corporate applicants 
and awardees for USDA programs to represent accurately whether they 
have or do not have qualifying tax delinquencies or convictions which 
would prevent USDA from entering into a proposed business transaction 
with the corporate applicant. For non-procurement programs and 
transactions, these representations will be submitted on the proposed 
information collection Forms AD-3030, AD-3031, AD-3030-Y, AD-3031-Y, 
AD-3030-FS and AD-3031-FS. This information collection, deals only with 
USDA non-procurement transactions. The categories of non-procurement 
transactions covered by this information collection are: non-
procurement contracts, grants, loans, loan guarantees, cooperative 
agreements, and some memoranda of understanding/agreement. Accordingly, 
this information collection is not intended for use with USDA 
procurement transactions. . For more specific information about whether 
a particular non-procurement program or transaction is included in this 
list please

[[Page 9421]]

contact the USDA agency or staff office responsible for the program or 
transaction in question.
    Forms AD-3030, AD-3030-Y and AD-3030-FS will effectuate compliance 
with the appropriations restrictions by requiring all corporate 
applicants to represent, at the time of application for a non-
procurement program, whether they have tax delinquencies or felony 
convictions that would prevent USDA from doing business with them. 
Corporations 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. Corporations 
include both for profit and non-profit entities. Forms AD-3031, AD-
3031-Y and AD-3031-FS require an affirmative representation, at the 
time of the award, that corporate awardees for non-procurement 
transactions do not have tax delinquencies or felony convictions that 
would prevent USDA from doing business with them. If the application 
and award process are a single step, the agency or staff office may 
require both forms to be filed simultaneously. Collection of this 
information is necessary to ensure that USDA agencies and staff offices 
comply with the appropriations restrictions prohibiting the Government 
from doing business with corporations with tax delinquencies or felony 
convictions.
    The burden for each form will be accounted for within the 
individual USDA agency and staff office collection packages using the 
forms. The time required to complete this information collection is 
estimated to average 0.25 minutes per response, per form, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    USDA's Office of the Chief Financial Officer (OCFO) is requesting 
approval for one respondent and a one hour place holder for the forms. 
The total estimated burden for the OCFO's use of the forms is thus one 
hour, which will allow it to distribute the approved forms to USDA 
agencies and staff offices. USDA agencies and staff offices using the 
forms will reflect the approved OMB control number of the package and 
account for the burden within their individual collection packages when 
they seek Office of Management and Budget approval or re-authorization.
    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 Total Annual Responses: 1.
    Frequency of Collection: Other: Corporations--each time they apply 
to participate in a multitude of USDA non-procurement programs; 
Awardees each time they receive an award.
    Estimated Total Annual Burden Hours on Respondents: 1.

Charlene Parker,
Departmental Information Collection Clearance Officer.
[FR Doc. 2016-03975 Filed 2-24-16; 8:45 am]
BILLING CODE 3410-KS-P