83 FR 62833 - Notice of Request for Approval of a Renewal Information Collection

DEPARTMENT OF AGRICULTURE

Federal Register Volume 83, Issue 234 (December 6, 2018)

This notice announces the intention of the Office of the Chief Financial Officer to request the renewal of a currently approved information collection (OMB No. 0505-0025) associated with Representations Regarding Felony Conviction and Tax Delinquent Status For Corporate Applicants and Assurance Regarding Felony Conviction or Tax Delinquent Status For Corporate Applicants.

[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62833-62834]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26496]


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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / 
Notices

[[Page 62833]]



DEPARTMENT OF AGRICULTURE

Office of the Chief Financial Officer


Notice of Request for Approval of a Renewal Information 
Collection

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 the renewal of a currently approved 
information collection (OMB No. 0505-0025) associated with 
Representations Regarding Felony Conviction and Tax Delinquent Status 
For Corporate Applicants and Assurance Regarding Felony Conviction or 
Tax Delinquent Status For Corporate Applicants.

DATES: Written comments on this notice must be received by February 4, 
2019 to be assured of consideration.

ADDRESSES: Comments may be submitted by either/one of the following 
methods:
     Federal eRulemaking Portal: This website 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.
    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: Martha E. Burton, Management Analyst, 
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) 
205-6182; [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 (OMB No. 0505-0025) associated with 
Representations Regarding Felony Conviction and Tax Delinquent Status 
for Corporate Applicants and Awardees in nonprocurement programs.
    Title: Representations Regarding Felony Conviction and Tax 
Delinquent Status for Corporate Applicants and Awardees in 
Nonprocurement Programs.
    OMB Number: 0505-0025.
    Expiration Date of Current Approval: April 2019.
    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 
745 and 746 of the Consolidated Appropriations Act, 2017, Public Law 
115-31, as amended and/or subsequently enacted), hereinafter Public Law 
115-31, 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 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 nonprocurement 
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 nonprocurement transactions. The categories of 
nonprocurement transactions covered include: Nonprocurement contracts, 
grants, loans, loan guarantees, cooperative agreements, and some 
memoranda of understanding/agreement. For more specific information 
about whether a particular nonprocurement 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 
governmentwide 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 clearance for these forms expires April 2019. The 
representations continue to be required as reflected in Public Law 115-
31. To ensure that USDA agencies and staff offices are positioned to

[[Page 62834]]

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 cancelled 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 
nonprocurement 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 nonprocurement 
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 0.25 hours per response.
    Frequency of Collection: Other: Corporations--AD-3030--each time 
they apply to participate in a multitude of USDA nonprocurement 
programs; Awardees--AD-3031--each time they receive an award from USDA 
nonprocurement programs.
    Type of Respondents. Corporate applicants and awardees for USDA 
nonprocurement programs, including grants, cooperative agreements, 
loans, loan guarantees, some memoranda of understanding/agreement, and 
nonprocurement contracts.
    Estimated Number of Annual Respondents: 352,523.
    Estimated Number of Responses per Respondent: 2.75.
    Estimated Total Annual Burden on Respondents: 969,438.
    Estimate Total Annual Burden Hours on Respondents: 242,360.
    Comments from interested parties are invited 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 become a matter of public record.

Signed:
Tyson P. Whitney,
Director, Transparency and Accountability Reporting Division.
[FR Doc. 2018-26496 Filed 12-4-18; 8:45 am]
 BILLING CODE 3410-KS-P