Emergency Memo

Draft FarmerFairness Portal Emergency Clearance Request Memo rev.pdf

FarmerFairness.gov USDA/DOJ complaint web portal

Emergency Memo

OMB: 0581-0333

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1400 Independence Avenue, SW
Room 2055-S, STOP 0201
Washington, D.C. 20250-0201
TO:

Dominic Mancini
Deputy Director
Office of Management and Budget

THROUGH: Levi S. Harrell
Departmental Clearance Officer
Office of the Chief Information Officer
FROM:

Erin Morris
Associate Administrator

SUBJECT:

Request for Emergency Review and Approval for a New Information Collection
Request

Digitally signed by ERIN MORRIS

2022.01.28 12:40:43
ERIN MORRIS Date:
-05'00'

We are requesting emergency review and approval of an information collection package for the
U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS) for a web
form to collect complaints and tips from the public as part of a new FarmerFairness.gov
complaint web portal. On January 3, 2022, President Biden held a joint summit with Secretary
Thomas J. Vilsack and Attorney General Merrick Garland on the state of competition in the
meat and poultry industries. At the summit, Secretary Vilsack and Attorney General Garland
announced that a joint web portal would be available within 30 days allowing farmers, ranchers,
and other producers and growers to submit complaints about potential violations of the Packers
and Stockyards Act and other anti-trust laws. The Department of Justice (DOJ) has deferred to
the Department of Agriculture (USDA) to develop and deploy the web portal, though both
departments’ seals will appear on the portal.
The Packers and Stockyards Division (PSD) within AMS’s Fair Trade Practices Program
(FTPP) currently collects similar information through its forms collection 0581-0308, so we did
not initially think we needed a new information collection approval. However, after beginning
website development, we realized we need approval for the web form to be incorporated into
this portal. The announced portal must be set up by February 2, 2022. Failure to implement
within the time allotted would impact the Administration's rollout plans and potentially erode
credibility and faith in the successful implementation of the joint USDA/DOJ project. Of
particular importance to this project is protecting the confidentiality of the complainants, to the
fullest extent possible under the law, as well as supporting relevant whistleblower protections,
including newly-applicable protections for criminal antitrust complainants against unlawful
retaliation. The proposed webform is essential to enabling farmers, ranchers, and producers to
anonymously submit complaints and tips about suspected violations of the Packers and
Stockyards Act and other antitrust laws. As a result, the agency cannot reasonably comply with
the normal clearance procedures under the PRA.

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The submission of a complaint or tip through this new FarmerFairness.gov USDA/DOJ
complaint web portal is completely voluntary. Each complainant has the option to include
personal contact information. However, it is not required. In submitting a complaint or tip,
complainants will be asked to provide information. AMS’s PSD and the DOJ are the primary
users of the information. Both agencies have committed to vigorously enforce the laws that
protect farmers, ranchers and other producers and growers from unfair, deceptive,
discriminatory, and anticompetitive practices. The information collected will assist both
agencies with obtaining timely information about concerning practices within the livestock and
poultry industries. This information will be reviewed by both agencies to determine whether
violations of the Packers and Stockyards Act or other antitrust laws are occurring that may be
negatively impacting farmers, ranchers, producers, or consumers. The data collected is the
minimum information necessary for AMS and DOJ to effectively carry out the Administration’s
mandate.
In compliance with OMB regulations (5 C.F.R. Part 1320), which implement the Paperwork
Reduction Act of 1995 (Pub. L. 104-13), the information collection and recordkeeping
requirements that may be imposed by this action are submitted to OMB for emergency review
and approval. The additional reporting requirements would not become effective prior to OMB
review. Once approved the collection will be merged with OMB No. 0581-0308, Regulations
and Related Reporting and Recording Requirements - Packers and Stockyards ProgramsBusiness Form and Instruction.
Attached are the OMB 83-I, the Supporting Statement, the AMS-71 spreadsheet, and a PDF of the
draft webform.
Attachments


File Typeapplication/pdf
File TitleAMS Letterhead for letters signed by Administrator or below
Authorbmckitri
File Modified2022-01-28
File Created2022-01-28

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