Notice of Intent To Extend and Revise a Currently Approved Information Collection
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Abstract
This notice announces the intention of the Office of the Chief Financial Officer to request the renewal and revision of a currently approved information collection (OMB No. 0505-0025) associated with (1) Representations Regarding Felony Conviction and Tax Delinquent Status For Corporate Applicants and (2) Assurance Regarding Felony Conviction or Tax Delinquent Status For Corporate Applicants. The assurance information collection is no longer used.
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<title>Federal Register, Volume 87 Issue 45 (Tuesday, March 8, 2022)</title>
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[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12925-12926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04842]
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DEPARTMENT OF AGRICULTURE
Office of the Chief Financial Officer
Notice of Intent To Extend and Revise a Currently Approved
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 and revision of a currently
approved information collection (OMB No. 0505-0025) associated with (1)
Representations Regarding Felony Conviction and Tax Delinquent Status
For Corporate Applicants and (2) Assurance Regarding Felony Conviction
or Tax Delinquent Status For Corporate Applicants. The assurance
information collection is no longer used.
DATES: Comments on this notice must be received by May 9, 2022 to be
assured of consideration.
ADDRESSES: Comments may be submitted by either of the following
methods:
<bullet> Federal eRulemaking Portal: This website permits short
comments in a comment field on the web page or file attachments for
lengthier comments. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> for instructions.
<bullet> Postal Mail/Commercial Delivery: Attention: Tyson P.
Whitney, Director, Transparency and Accountability Reporting Division,
Office of the Chief Financial Officer, Room 3027-S, Mail Stop 9011,
U.S. Department of Agriculture, 1400 Independence Avenue SW,
Washington, DC 20250; <a href="/cdn-cgi/l/email-protection#dbafa2a8b4b5f5acb3b2afb5bea29baea8bfbaf5bcb4ad"><span class="__cf_email__" data-cfemail="65111c160a0b4b120d0c110b001c25101601044b020a13">[email protected]</span></a>.
All comments will be available for public inspection and posted
without change, including any personal information, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Out of an abundance of caution for USDA employees
and the public, onsite review is closed, with limited exceptions, to
reduce the risk of COVID-19 transmission. However, remote customer
service will continue via email at the contact information cited above.
The public is encouraged to submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a> or email, as there may be a delay in processing
mail. Hand deliveries and couriers may be received by scheduled
appointment only.
FOR FURTHER INFORMATION CONTACT: Tyson P. Whitney, Director,
Transparency and Accountability Reporting Division, Office of the Chief
Financial Officer, Room 3027-S, Mail Stop 9011, U.S. Department of
Agriculture, 1400 Independence Avenue SW, Washington, DC 20250; 202-
720-8978, <a href="/cdn-cgi/l/email-protection#f2868b819d9cdc859a9b869c978bb287819693dc959d84"><span class="__cf_email__" data-cfemail="681c111b0706461f00011c060d11281d1b0c09460f071e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. chapter 35) and Office of Management and Budget
(OMB) regulations at 5 CFR part 1320, this notice announces the
intention of the USDA Office of the Chief Financial Officer to request
the renewal of a currently approved information collection (OMB No.
0505-0025) associated with (1) Representations Regarding Felony
Conviction and Tax Delinquent Status For Corporate Applicants and (2)
Assurance Regarding Felony Conviction or Tax Delinquent Status For
Corporate Applicants. The assurance information collection is no longer
used.
Title: (1) Representations Regarding Felony Conviction and Tax
Delinquent Status For Corporate Clients and (2) Assurance Regarding
Felony Conviction or Tax Delinquent Status For Corporate Applicants (no
longer used).
OMB Number: 0505-0025.
Expiration Date of Current Approval: June 30, 2022.
Type of Request: Intent to extend and revise a currently approved
information collection for three years.
Abstract: The U.S. Department of Agriculture's (USDA) agencies and
staff offices must comply with the restrictions set forth in sections
744 and 745 of the Consolidated Appropriations Act, 2021, Public Law
116-260, as amended and/or subsequently enacted, hereinafter Public Law
116-260, which prevents agencies from doing business with corporations
that (1) have been convicted of a felony criminal violation under
Federal law within 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
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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 for USDA programs to represent
accurately if 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 Form AD-3030 (Representations
Regarding Felony Conviction and 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.
The representations continue to be required as reflected in Public
Law 116-260. To ensure that USDA agencies and staff offices are
positioned to 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 canceled when it is no longer required. This information is also
captured in the General Services Administration's System for Award
Management general certification and representation process.
Form AD-3030 (required during the application process) prompts
compliance with the appropriation restrictions by requiring all
corporate applicants to represent, at the time of application for a
nonprocurement program, whether or not 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) required an
affirmative representation that corporate awardees for nonprocurement
transactions do not have any felony convictions or tax delinquencies.
It is no longer used. 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 total
collection of information is estimated to average 0.25 hours per
response per individual form. This burden is assumed for both forms.
Frequency of Collection: Other: Corporations--AD-3030--each time
they apply to participate in a multitude of USDA nonprocurement
programs.
Type of Respondents: Corporate applicants for USDA nonprocurement
programs, including grants, cooperative agreements, loans, loan
guarantees, some memoranda of understanding/agreement, and
nonprocurement contracts.
Estimated Number of Annual Respondents: 75,580.
Estimated Number of Responses per Respondent: 2.
Estimated Total Annual Burden on Respondents: 37,790.
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Total annual
Number of Number of Number of Average time burden on
Form respondents responses per responses to prepare respondents
respondent (hrs) (hrs)
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AD-3030......................... 75,580 2 151,160 0.25 37,790
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Total....................... 75,580 2 151,160 0.25 37,790
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Comments from interested parties are invited on: (1) Whether the
proposed 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 the burden of the proposed collection of
information including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on those who are to respond, including the
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology. All responses to this notice will be summarized and
included in the request for OMB approval.
Tyson P. Whitney,
Director, Transparency and Accountability Reporting Division.
[FR Doc. 2022-04842 Filed 3-7-22; 8:45 am]
BILLING CODE 3410-KS-P
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