[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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