[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 17995-17996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08572]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Submission for OMB Review; Comment Request
April 24, 2019.
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 May 29,
2019 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
[[Page 17996]]
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 Department of Agriculture (USDA)
agencies and staff offices must comply with the restrictions set forth
in Sections 744 and 745, in Division D--Financial Services and General
Government Appropriations Act, Title VII: General Provisions--
Governmentwide, Departments, Agencies, and Corporations of the
Consolidated Appropriations Act, 2019, (Pub. L. 116-6, as amended and/
or subsequently enacted), hereinafter Public Law 116-6. 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/or (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 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.
In fiscal years 2012-2014 the appropriation restriction provisions
were not uniform across the government. To comply, USDA created 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 representations continue to be required
as reflected in Public Law 116-6.
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 felony convictions
which would prevent USDA from entering into a proposed business
transaction with the corporate applicant. For nonprocurement programs
and transactions, these representations will be submitted using the
following forms:
AD-3030--``Representations Regarding Felony Conviction or
Tax Delinquent Status for Corporate Applicants''--This form will
normally be included as part of the application package.
AD-3031--``Assurance Regarding Felony Conviction or Tax
Delinquent Status for Corporate Applicants''--This form is optional for
agencies and staff offices to be included as part of the
acknowledgement and acceptance package for nonprocurement contracts,
grants, loans, loan guarantees, cooperative agreements and some
memoranda of understanding/agreement. Some agencies and staff offices
may choose to use the forms and others may choose to use the applicable
boiler plate language.
This information assists the agencies and staff offices with
identifying corporations and awardees with unpaid Federal tax liability
and felony convictions status prior to entering into nonprocurement
transactions for numerous Departmental programs.
Failure to collect this information may cause inappropriate use of
funds and violation of the Anti-Deficiency Act.
Description 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.
Number of Respondents: 352,523.
Frequency of Responses: Reporting: Other: Corporations--each time
they apply to participate in a multitude of USDA non-procurement
programs; Awardees each time they receive an award.
Total Burden Hours: 242,360.
Ruth Brown,
Departmental Information Collection Clearance Officer.
[FR Doc. 2019-08572 Filed 4-26-19; 8:45 am]
BILLING CODE 3410-KS-P