5 C.F.R. § 1320.7

Agency head and Senior Official responsibilities

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(a) Except as provided in paragraph (b) of this section, each agency head shall designate a Senior Official to carry out the responsibilities of the agency under the Act and this part. The Senior Official shall report directly to the head of the agency and shall have the authority, subject to that of the agency head, to carry out the responsibilities of the agency under the Act and this part.

(b) An agency head may retain full undelegated review authority for any component of the agency which by statute is required to be independent of any agency official below the agency head. For each component for which responsibility under the Act is not delegated to the Senior Official, the agency head shall be responsible for the performance of those functions.

(c) The Senior Official shall head an office responsible for ensuring agency compliance with and prompt, efficient, and effective implementation of the information policies and information resources management responsibilities established under the Act, including the reduction of information collection burdens on the public.

(d) With respect to the collection of information and the control of paperwork, the Senior Official shall establish a process within such office that is sufficiently independent of program responsibility to evaluate fairly whether proposed collections of information should be approved under this Part.

(e) Agency submissions of collections of information for OMB review, and the accompanying certifications under § 1320.9, may be made only by the agency head or the Senior Official, or their designee.

Notes of Decisions
Cited in 9 cases, 1990–1998 · leading case: Dole v. United Steelworkers, 494 U.S. 26 (1990).
Dole v. United Steelworkers, 494 U.S. 26 (1990). · cites it 4× “See 5 CFR § 1320.7 (c)(2) (1988) ("Requirements by an agency for a person to obtain or compile information for the purpose of disclosure to members of the public or to the public at large, through posting, notification, labeling, or similar disclosure requirements, constitute…”
Pac. Nat'l Cellular v. United States, 41 Fed. Cl. 20 (Fed. Cl. 1998). · cites it 4× “5 C.F.R. § 1320.7 (m) (1992). The defendant points out that the definition of “penalty” in 5 C.”
United States v. Robert W. Hicks, 947 F.2d 1356 (9th Cir. 1991). “4 ; see 5 C.F.R. § 1320.7 (defining “display”). Hicks argues that the IRS failed to comply with the PRA by not putting control numbers on the regulations associated with tax return Form 1040 in 1983.”
United States v. Burdett, 768 F. Supp. 409 (E.D.N.Y 1991). · cites it 2× “An agency may not engage in the collection of information unless the Director has assigned a control number to the appropriate form.”
Stroh Oil Co. v. Off. of the State Fire Marshal, 665 N.E.2d 540 (Ill. App. Ct. 1996). “” 5 C.F.R. § 1320.7 (m) (1995). Any doubt about the scope of public protection is put to rest by section 1320.”
Aldrich v. Comm'r, 66 T.C.M. 13 (Tax Ct. 1993). · cites it 2× “9000(a) and 602.101, Statement of Procedural Rules, satisfies the technical amendment requirement.”
McCart v. Comm'r, 65 T.C.M. 2115 (Tax Ct. 1993). · cites it 2× “As for the 1987 and 1988 Forms 1040, we conclude that it is settled that the Commissioner has obtained OMB approval for collecting information through Federal income tax returns.”
Gossner Foods, Inc. v. Env't Prot. Agency, 918 F. Supp. 359 (D. Utah 1996). “5 C.F.R. 1320.7(e) (1995). Plaintiff states that the Code of Federal Regulations did not include the OMB control number as part of the regulatory text or as a technical amendment until June 23, 1993.”
United States v. Matsumoto, 756 F. Supp. 1361 (D. Haw. 1991). “5 C.F.R. § 1320.7 (c)(1) states *1364 that "collection of information” under the PRA includes "oral communications.”
— 5 C.F.R. § 1320.7(e) — 1 case
Gossner Foods, Inc. v. Env't Prot. Agency, 918 F. Supp. 359 (D. Utah 1996). “5 C.F.R. 1320.7(e) (1995). Plaintiff states that the Code of Federal Regulations did not include the OMB control number as part of the regulatory text or as a technical amendment until June 23, 1993.”
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