| Code of Federal Regulations 5CFR1320.1 Sec. 1320.1 Purpose. The purpose of this part is to implement the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35)(the Act) concerning collections of information. |
The purpose is to implement the statutes you read on the previous page. It fills in much more detail to the requirements shown on the previous page.
| Code of Federal
Regulations 5CFR1320.3 Sec. 1320.3 Definitions. (a) Agency means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the government, or any independent regulatory agency, but does not include: [exclusions omitted, IRS and Treasury Dept. are not excluded from the requirements of this statute.] (c) Collection of information means, except as provided in Sec. 1320.4, the obtaining, causing to be obtained, soliciting, or requiring the disclosure to an agency, third parties or the public of information by or for an agency by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, ten or more persons, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit. ``Collection of information'' includes any requirement or request for persons to obtain, maintain, retain, report, or publicly disclose information. As used in this Part, ``collection of information'' refers to the act of collecting or disclosing information, to the information to be collected or disclosed, to a plan and/or an instrument calling for the collection or disclosure of information, or any of these, as appropriate. (1) A ``collection of information'' may be in any form or format, including the use of report forms; application forms; schedules; questionnaires; surveys; reporting or recordkeeping requirements; contracts; agreements; policy statements; plans; rules or regulations; planning requirements; circulars; directives; instructions; bulletins; requests for proposal or other procurement requirements; interview guides; oral communications; posting, notification, labeling, or similar disclosure requirements; telegraphic or telephonic requests; automated, electronic, mechanical, or other technological collection techniques; standard questionnaires used to monitor compliance with agency requirements; or any other techniques or technological methods used to monitor compliance with agency requirements. A ``collection of information'' may implicitly or explicitly include related collection of information requirements. |
- A "collection of information" means any requirement or request for persons to report information.
- A "collection of information" refers to the act of collecting information, or the information to be collected.
- A "collection of information" refers to a plan and/or an instrument calling for the collection or disclosure of information.
- A "collection of information" may be in any form or format, including the use of reporting requirements, instructions, or oral communications.
| Code of Federal
Regulations 5CFR1320.3 Sec. 1320.3 Definitions. (d) Conduct or Sponsor. A Federal agency is considered to ``conduct or sponsor'' a collection of information if the agency collects the information, causes another agency to collect the information, contracts or enters into a cooperative agreement with a person to collect the information, or requires a person to provide information to another person, or in similar ways causes another agency, contractor, partner in a cooperative agreement, or person to obtain, solicit, or require the disclosure to third parties or the public of information by or for an agency. |
A Federal agency sponsors a collection of information if the agency requires a person to provide information to another person, or causes another person to obtain, solicit, or require the disclosure to third parties for an agency.
Doesn't that sound exactly like a W-9 request for a SSN or TIN?
| Code of Federal
Regulations 5CFR1320.3 Sec. 1320.3 Definitions. (f) Display means: (1) In the case of forms, questionnaires, instructions, and other written collections of information sent or made available to potential respondents (other than in an electronic format), to place the currently valid OMB control number on the front page of the collection of information; |
Display means:
Display does NOT mean:
| Code of Federal
Regulations 5CFR1320.5 Sec. 1320.5 General requirements. (a) An agency shall not conduct or sponsor a collection of information unless, ... (1) The agency has-- [done a bunch of procedural duties.] (2) OMB has approved ... (3) The agency has obtained from the Director a control number to be displayed upon the collection of information. (b) In addition to the requirements in paragraph (a) of this section, an agency shall not conduct or sponsor a collection of information unless: (1) The collection of information displays a currently valid OMB control number; and (2)(i) The agency informs the potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. (ii) An agency shall provide the information described in paragraph (b)(2)(i) of this section in a manner that is reasonably calculated to inform the public. |
- An agency shall not conduct or sponser the collection of information ... if the agency does not inform the public that they do NOT have to respond to a collection of information unless it has an OMB control number.
- An agency shall not conduct or sponser the collection of information ... if the agency does not have a control number displayed upon the collection of information.
MISSING!