5 CFR 1320.6 - Public protection.

§ 1320.6 Public protection.
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to the requirements of this part if:
(1) The collection of information does not display, in accordance with § 1320.3(f) and § 1320.5(b)(1), a currently valid OMB control number assigned by the Director in accordance with the Act; or
(2) The agency fails to inform the potential person who is to respond to the collection of information, in accordance with § 1320.5(b)(2), that such person is not required to respond to the collection of information unless it displays a currently valid OMB control number.
(b) The protection provided by paragraph (a) of this section may be raised in the form of a complete defense, bar, or otherwise to the imposition of such penalty at any time during the agency administrative process in which such penalty may be imposed or in any judicial action applicable thereto.
(c) Whenever an agency has imposed a collection of information as a means for proving or satisfying a condition for the receipt of a benefit or the avoidance of a penalty, and the collection of information does not display a currently valid OMB control number or inform the potential persons who are to respond to the collection of information, as prescribed in § 1320.5(b), the agency shall not treat a person's failure to comply, in and of itself, as grounds for withholding the benefit or imposing the penalty. The agency shall instead permit respondents to prove or satisfy the legal conditions in any other reasonable manner.
(1) If OMB disapproves the whole of such a collection of information (and the disapproval is not overridden under § 1320.15), the agency shall grant the benefit to (or not impose the penalty on) otherwise qualified persons without requesting further proof concerning the condition.
(2) If OMB instructs an agency to make a substantive or material change to such a collection of information (and the instruction is not overridden under § 1320.15), the agency shall permit respondents to prove or satisfy the condition by complying with the collection of information as so changed.
(d) Whenever a member of the public is protected from imposition of a penalty under this section for failure to comply with a collection of information, such penalty may not be imposed by an agency directly, by an agency through judicial process, or by any other person through administrative or judicial process.
(e) The protection provided by paragraph (a) of this section does not preclude the imposition of a penalty on a person for failing to comply with a collection of information that is imposed on the person by statute—e.g., 26 U.S.C. § 6011(a) (statutory requirement for person to file a tax return), 42 U.S.C. § 6938(c) (statutory requirement for person to provide notification before exporting hazardous waste).

Title 5 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS

§ 2101 - Definitions

§ 2102 - Establishment

§ 2103 - Officers

§ 2104 - Administrative provisions

§ 2105 - Personnel and services

§ 2106 - Reports to Congress

§ 2107 - Acceptance of records for historical preservation

§ 2108 - Responsibility for custody, use, and withdrawal of records

§ 2109 - Preservation, arrangement, duplication, exhibition of records

§ 2110 - Servicing records

§ 2111 - Material accepted for deposit

§ 2112 - Presidential archival depository

§ 2113 - Depository for agreements between States

§ 2114 - Preservation of motion-picture films, still pictures, and sound recordings

§ 2115 - Reports; correction of violations

§ 2116 - Legal status of reproductions; official seal; fees for copies and reproductions

§ 2117 - Limitation on liability

§ 2118 - Records of Congress

§ 2119 - Cooperative agreements

§ 2120 - Online access of founding fathers documents

§ 2501 - Creation; composition; appointment and tenure; meetings

§ 2502 - Vacancies

§ 2503 - Executive director, staff, transportation expenses

§ 2504 - Duties; authorization of grants for historical publications and records programs; authorization for appropriations

§ 2505 - Special advisory committees; membership; reimbursement

§ 2506 - Records to be kept by grantees

§ 2507 - Repealed.

§ 2701 - Advisory Committee on the Records of Congress

§ 2702 - Membership; chairman; meetings

§ 2703 - Functions of the Committee

§ 2704 - Powers of the Committee

§ 2705 - Compensation and travel expenses

§ 2706 - Administrative provisions

§ 2901 - Definitions

§ 2902 - Objectives of records management

§ 2903 - Custody and control of property

§ 2904 - General responsibilities for records management

§ 2905 - Establishment of standards for selective retention of records; security measures

§ 2906 - Inspection of agency records

§ 2907 - Records centers and centralized microfilming services

§ 2908 - Regulations

§ 2909 - Retention of records

§ 2910 - Preservation of Freedmen’s Bureau records

§ 3101 - Records management by agency heads; general duties

§ 3102 - Establishment of program of management

§ 3103 - Transfer of records to records centers

§ 3104 - Certifications and determinations on transferred records

§ 3105 - Safeguards

§ 3106 - Unlawful removal, destruction of records

§ 3107 - Authority of Comptroller General

§ 3501 - Purposes

§ 3502 - Definitions

§ 3503 - Office of Information and Regulatory Affairs

§ 3504 - Authority and functions of Director

§ 3505 - Assignment of tasks and deadlines

§ 3506 - Federal agency responsibilities

§ 3507 - Public information collection activities; submission to Director; approval and delegation

§ 3508 - Determination of necessity for information; hearing

§ 3509 - Designation of central collection agency

§ 3510 - Cooperation of agencies in making information available

§ 3511 - Establishment and operation of Government Information Locator Service

§ 3512 - Public protection

§ 3513 - Director review of agency activities; reporting; agency response

§ 3514 - Responsiveness to Congress

§ 3515 - Administrative powers

§ 3516 - Rules and regulations

§ 3517 - Consultation with other agencies and the public

§ 3518 - Effect on existing laws and regulations

§ 3519 - Access to information

§ 3520 - Establishment of task force on information collection and dissemination

§ 3521 - Authorization of appropriations