Collection of Information

The PRA defines the collection of information as the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either; (1) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities (part of the Federal Government created by Congress through legislation), or employees of the United States; or (2) answers to questions posed to agencies, instrumentalities (part of the Federal Government created by Congress through legislation), or employees of the United States which are to be used for general statistical purposes.

Title 5 CFR 1320.3, further defines collection of information, as obtaining, causing to be obtained, soliciting or requiring a disclosure to an agency, third parties or the public information described above, in any format. Typical information includes financial loan applications, job applications, questionnaires, compliance reports, and business records, which are not required under a Federal procurement contract. Information pursuant to Federal procurement contracts are generally required and submitted on forms that have been approved by OMB. The Federal Acquisition Regulations (FAR) requiring information under the PRA are listed in FAR 1.106.

Except as provided in §1320.4, collection of information means 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.

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 either implicitly or explicitly may include related collection of information requirements.

Requirements by an agency for a person to obtain or compile information for the purpose of disclosure to members of the public or the public at large, through posting, notification, labeling or similar disclosure requirements constitute the collection of information whenever the same requirement to obtain or compile information would be a collection of information if the information were directly provided to the agency. The public disclosure of information the Federal government originally supplied to the recipient for the purpose of disclosure to the public is not included within this definition.