Implementing The Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form WB-1 Form TCR-Step 2 (Sections E-G)	Form and Instruction	New	Available
Form WB-2 Form WB-APP	Form and Instruction	Modified	Available
Form WB-2 Form DEC	Form and Instruction	Removed	Repair queued
Form WB-1 Form TCR	Form and Instruction	Modified	Available
Form WB-2 Form WB-APP	Form and Instruction	Modified	Available
Form WB-2 Form DEC	Form and Instruction	Removed	Available
Form WB-1 Form TCR	Form and Instruction	Modified	Available
Final Rule Whstlblwr Supp Stmt (clean final 5-26-2011w all edits).pdf	Supporting Statement A	Uploaded 2011-06-13	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
197699	Form TCR step 2 (Sections E-G)	Form and Instruction	New	Form TCR-Step 2 (Sections E-G)
195122	Form WB-APP	Form and Instruction	Modified	Form WB-APP
195121	Form WB-DEC	Form and Instruction	Removed	Form DEC
195120	Form TCR	Form and Instruction	Modified	Form TCR
195119	Form WB-APP	Form and Instruction	Modified	Form WB-APP
195118	Form WB-DEC	Form and Instruction	Removed	Form DEC
195117	Form TCR	Form and Instruction	Modified	Form TCR

ICR Details

OMB Control No: 3235-0686	ICR Reference No: 201103-3235-013
Status: Historical Active	Previous ICR Reference No: 201011-3235-005
Agency/Subagency: SEC	Agency Tracking No: EN-270-625
Title: Implementing The Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/01/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/15/2011
Terms of Clearance: Pursuant to conversations between SEC and OMB, SEC will update this ICR, and any other related ICRs, with the appropriate respondent estimates when they expire and new data is available.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2014	36 Months From Approved
Responses	18,210	0	0
Time Burden (Hours)	10,758	0	0
Cost Burden (Dollars)	99,000	0	0

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Abstract: The Securities and Exchange Commission ("Commission")is adopting new rules and forms to implement Section 21F of the Securities Exchange Act of 1934 ("Exchange Act") entitled "Securities Whistleblower Incentives and Protection." The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010 ("Dodd-Frank"), established a whistleblower program that requires the Commission to pay an award, under regulations prescribed by the Commission and subject to certain limitations, to eligible whistleblowers who voluntarily provide the Commission with original information about a violation of the federal securities laws that leads to the successful enforcement of a covered judicial or administrative action, or a related action. Dodd-Frank also prohibits retaliation by employers against individuals who provide the Commission with information about possible securities violations. The Commission is adopting new rules 21F-1 through 21F-17, and new Forms TCR and WB-APP, under the Securities Exchange Act of 1934.

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Authorizing Statute(s): US Code: 15 USC 78u-6 Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 922 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AK78	Final or interim final rulemaking	76 FR 34299	06/13/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

table that charts list of burden

IC Title	Form No.	Form Name
Form TCR	WB-1	Form TCR
Form TCR	WB-1	Form TCR
Form TCR step 2 (Sections E-G)	WB-1	Form TCR-Step 2 (Sections E-G)
Form WB-APP	WB-2	Form WB-APP
Form WB-APP	WB-2	Form WB-APP
Form WB-DEC	WB-2	Form DEC
Form WB-DEC	WB-2	Form DEC

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	18,210	0	0	18,210	0	0
Annual Time Burden (Hours)	10,758	0	0	10,758	0	0
Annual Cost Burden (Dollars)	99,000	0	0	99,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection of information. Based on public comments received, the Commission reduced the number of required forms from three to two, eliminating Form WB-DEC, which reduced the annual cost burden $195,000.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/15/2011

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