Implementing The Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934 Form WB-APP and Form TCR

Forms and Documents

Document Name	Status
Form SEC2851 Form WB-APP -Retain Counsel Form and Instruction	Modified
Form SEC2850 Form TCR- Retain Counsel Form and Instruction	Modified
Form SEC2851 Form WB-APP Form and Instruction	Modified
Form SEC2850 Form TCR Form and Instruction	Modified
WB Supporting Statement 02.25.2021 Final.docx Supporting Statement A	2021-02-25
3235-0686 (REVISED) 60 Day Notice.pdf Supplementary Document	2021-02-25
3235-0686 30 Day Notice.pdf Supplementary Document	2021-02-25

IC Document Collections

IC ID	Document Title	Status
195122	Form WB-APP -Retain Counsel Form and Instruction	Modified
195120	Form TCR- Retain Counsel Form and Instruction	Modified
195119	Form WB-APP Form and Instruction	Modified
195117	Form TCR Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0686	ICR Reference No: 202102-3235-009
Status: Received in OIRA	Previous ICR Reference No: 201908-3235-009
Agency/Subagency: SEC	Agency Tracking No: ENF-270-625
Title: Implementing The Whistleblower Provisions of Section 21F of the Securities Exchange Act of 1934 Form WB-APP and Form TCR
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/25/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2021
Responses	814	851
Time Burden (Hours)	1,314	1,160
Cost Burden (Dollars)	51,200	46,800

---

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.

---

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

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 7733	12/23/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 11567	02/25/2021
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Form TCR- Retain Counsel	SEC2850	Form TCR
Form WB-APP -Retain Counsel	SEC2851	Form WB-APP
Form TCR	SEC2850	Form TCR
Form WB-APP	SEC2851	Form WB-APP

---

ICR Summary of Burden

	Total Request	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	814	851	0	-37	0	0
Annual Time Burden (Hours)	1,314	1,160	0	154	0	0
Annual Cost Burden (Dollars)	51,200	46,800	0	4,400	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The changes in estimated burden are due to an adjustment to reflect the difference between the number of actual submissions of Form TCR and Form WB-APP and the time we estimate that it will take the public to complete the forms.

---

Annual Cost to Federal Government: $123,192

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

---

Common Form ICR:  No

---

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: 02/25/2021

---