[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62213-62214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25191]
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DEPARTMENT OF AGRICULTURE
Information Collection Request; Representations Regarding Felony
Conviction and Tax Delinquent Status for Corporate Applicants and
Awardees
AGENCY: Office of the Chief Information Officer, USDA.
ACTION: Notice; request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3506), the Office of the Chief Information Officer (OCIO) is
requesting comments from all interested individuals and organizations
on a new information collection request associated with Representations
Regarding Felony Conviction and Tax Delinquent Status for Corporate
Applicants and Awardees. The Department of Agriculture agencies and
staff offices (except Forest Service) must comply with FY 2012
appropriations restrictions in sections 738 and 739, of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2012 (2012 Ag Appropriations Act)
(Pub. L. 112-55). Forest Service must comply with the restrictions in
sections 433 and 434 of the Consolidated Appropriations Act, 2012 (Pub.
L. 112-74).
DATES: We will consider comments that we receive by December 11, 2012.
ADDRESSES: We invite you to submit comments on this notice. In your
comments, include date, OMB control number, volume, and page number of
this issue of the Federal Register. You may submit comments by any of
the following methods:
Federal eRulemaking Portal: Go to http://regulations.gov.
Follow the online instructions for submitting comments.
Mail: Ruth Brown or Charlene Parker, Office of the Chief
Information Officer, 1400 Independence Ave. SW., Room 405-W, Whitten
Building Mail Stop, Washington, DC 20250.
Email: [email protected] or
[email protected].
Fax: (202) 690-2688.
Comments also should be sent to the Desk Officer for Agriculture,
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Ruth Brown, (202) 720-8958 or Charlene
Parker, (202) 720-8681. Copies of the information collection may be
obtained from Ruth Brown or Charlene Parker at the above address.
Persons with disabilities who require alternative means for
communication (Braille, large print, audio tape, etc) should contact
the USDA Target Center at (202) 720-2600 (voice and TDD).
SUPPLEMENTARY INFORMATION:
Title: Representations Regarding Felony Conviction and Tax
Delinquent Status for Corporate Applicants and Awardees in Non-
Procurement Programs.
OMB Control Number: 0505-0025.
Type of Request: Revision and Extension of an approved information
collection.
Abstract: The Department of Agriculture (USDA) agencies and staff
offices (except Forest Service) must comply with the restrictions set
forth in sections 738 and 739 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act
(Pub. L. 112-55, as amended and/or subsequently enacted), which
prevents agencies from doing business with corporations that (1) have
been convicted, or had an officer or agent of such corporation acting
on behalf of the corporation convicted, of a felony criminal violation
under any Federal or State law within the preceding 24 months, 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 has considered suspension or debarment of
the corporation and made a determination that suspension or debarment
are not necessary to protect the interests of the Government.
The Forest Service must comply with similar restrictions in
sections 433 and 434 of the Consolidated Appropriations Act, 2012 (Pub.
L. 112-74, as amended and/or subsequently enacted). The Forest Service
restrictions on doing business are almost identical to the restrictions
for other USDA offices and agencies; the one difference is that the
Forest Service restrictions are concerned only with felony convictions
under Federal law, rather than both Federal and State law.
To comply with the appropriations restrictions, the proposed
information collection will require corporate applicants and awardees
for USDA and Forest Service programs to represent accurately whether
they do or do not have any qualifying convictions or tax delinquencies
which would prevent USDA or the Forest Service 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-FS and AD-3031-FS. For procurement transactions,
compliance with the appropriations restrictions has been effected
through the issuance of Agricultural Acquisition Regulation Advisory
Number 104, issued March 29, 2012 and available here: http://www.dm.usda.gov/procurement/policy/advisories.htm. Accordingly, this
notice does not address and the proposed information collection is not
intended for use with USDA or Forest Service procurement transactions.
This notice and the proposed information collection, deal only with
USDA and Forest Service non-procurement transactions. The categories of
non-procurement transactions covered by this notice and the proposed
information collection are: non-procurement contracts, grants, loans,
loan guarantees, cooperative agreements, and some memoranda of
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 or Forest Service office
responsible for the program or transaction in question.
In July of 2012, OCIO received a temporary emergency clearance of
forms AD-3030, AD-3031, AD-3030-FS and AD-3031-FS to begin use of the
forms to effectuate compliance with the appropriations restrictions.
The temporary emergency clearance expires December 31, 2012. While this
expiration date is after the end of the 2012 fiscal year, the
representations will continue to be required as Congress has already
extended the fiscal year 2012 appropriations. Also, it is possible that
the same appropriations restrictions will
[[Page 62214]]
be enacted in fiscal year 2013. To ensure that USDA agencies and staff
offices and the Forest Service are in a position to continue compliance
with the appropriations restrictions for as long as they remain in
effect, OCIO is issuing this notice to effectuate a formal three year
clearance of the information collection request. Should the
appropriations restrictions become ineffective or not be continued
during the three year clearance period, this information request will
be cancelled at such time as it is no longer required.
The AD-3030 and AD-3030-FS forms 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 any felony convictions or tax delinquencies that
would prevent USDA or the Forest Service 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. The AD-3031 and AD-
3031-FS require an affirmative representation that corporate awardees
for non-procurement transactions do not have any felony convictions or
tax delinquencies. The AD 3030/3030-FS are required at the time of
application and the AD 3031/3031-FS are required at the time of award.
If the application and award process are a single step, the agency or
staff office may require both forms to be filed at the same time.
Collection of this information is necessary to ensure USDA agencies
and staff offices and Forest Service comply with the appropriations
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-3030/3030-FS--each
time they apply to participate in a multitude of USDA non-procurement
programs; Awardees--AD-3031/3031-FS--each time they receive an award in
USDA non-procurement programs.
Respondents: Corporate applicants and awardees for USDA non-
procurement programs, including grants, cooperative agreements, loans,
loan guarantees, some memoranda of understanding, 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: 529,463.
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, through 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.
Cheryl L. Cook,
Chief Information Officer, Office of the Chief Information Office.
[FR Doc. 2012-25191 Filed 10-11-12; 8:45 am]
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