§ 3502. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 44USC3502]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I--FEDERAL INFORMATION POLICY
Sec. 3502. Definitions
As used in this subchapter--
(1) the term ``agency'' means any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of the
Government (including the Executive Office of the President), or any
independent regulatory agency, but does not include--
(A) the General Accounting Office;
(B) Federal Election Commission;
(C) the governments of the District of Columbia and of the
territories and possessions of the United States, and their
various subdivisions; or
(D) Government-owned contractor-operated facilities,
including laboratories engaged in national defense research and
production activities;
(2) the term ``burden'' means time, effort, or financial
resources expended by persons to generate, maintain, or provide
information to or for a Federal agency, including the resources
expended for--
(A) reviewing instructions;
(B) acquiring, installing, and utilizing technology and
systems;
(C) adjusting the existing ways to comply with any
previously applicable instructions and requirements;
(D) searching data sources;
(E) completing and reviewing the collection of information;
and
(F) transmitting, or otherwise disclosing the information;
(3) the term ``collection of information''--
(A) means 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--
(i) answers to identical questions posed to, or
identical reporting or recordkeeping requirements imposed
on, ten or more persons, other than agencies,
instrumentalities, or employees of the United States; or
(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United States which
are to be used for general statistical purposes; and
(B) shall not include a collection of information described
under section 3518(c)(1);
(4) the term ``Director'' means the Director of the Office of
Management and Budget;
(5) the term ``independent regulatory agency'' means the Board
of Governors of the Federal Reserve System, the Commodity Futures
Trading Commission, the Consumer Product Safety Commission, the
Federal Communications Commission, the Federal Deposit Insurance
Corporation, the Federal Energy Regulatory Commission, the Federal
Housing Finance Board, the Federal Maritime Commission, the Federal
Trade Commission, the Interstate Commerce Commission, the Mine
Enforcement Safety and Health Review Commission, the National Labor
Relations Board, the Nuclear Regulatory Commission, the Occupational
Safety and Health Review Commission, the Postal Rate Commission, the
Securities and Exchange Commission, and any other similar agency
designated by statute as a Federal independent regulatory agency or
commission;
(6) the term ``information resources'' means information and
related resources, such as personnel, equipment, funds, and
information technology;
(7) the term ``information resources management'' means the
process of managing information resources to accomplish agency
missions and to improve agency performance, including through the
reduction of information collection burdens on the public;
(8) the term ``information system'' means a discrete set of
information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of
information;
(9) the term ``information technology'' has the meaning given
that term in section 11101 of title 40 but does not include national
security systems as defined in section 11103 of title 40;
(10) the term ``person'' means an individual, partnership,
association, corporation, business trust, or legal representative,
an organized group of individuals, a State, territorial, tribal, or
local government or branch thereof, or a political subdivision of a
State, territory, tribal, or local government or a branch of a
political subdivision;
(11) the term ``practical utility'' means the ability of an
agency to use information, particularly the capability to process
such information in a timely and useful fashion;
(12) the term ``public information'' means any information,
regardless of form or format, that an agency discloses,
disseminates, or makes available to the public;
(13) the term ``recordkeeping requirement'' means a requirement
imposed by or for an agency on persons to maintain specified
records, including a requirement to--
(A) retain such records;
(B) notify third parties, the Federal Government, or the
public of the existence of such records;
(C) disclose such records to third parties, the Federal
Government, or the public; or
(D) report to third parties, the Federal Government, or the
public regarding such records; and
(14) the term ``penalty'' includes the imposition by an agency
or court of a fine or other punishment; a judgment for monetary
damages or equitable relief; or the revocation, suspension,
reduction, or denial of a license, privilege, right, grant, or
benefit.
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 164; amended Pub.
L. 104-106, div. E, title LVI, Sec. 5605(a), Feb. 10, 1996, 110 Stat.
700; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(A), Nov. 18, 1997,
111 Stat. 1907; Pub. L. 106-398, Sec. 1 [[div. A], title X,
Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-
217, Sec. 3(l)(4), Aug. 21, 2002, 116 Stat. 1301.)
Prior Provisions
A prior section 3502, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2813; amended Pub. L. 98-443, Sec. 9(h), Oct. 4, 1984, 98
Stat. 1708; Pub. L. 99-500, Sec. 101(m) [title VIII, Sec. 812], Oct. 18,
1986, 100 Stat. 1783-308, 1783-335, and Pub. L. 99-591, Sec. 101(m)
[title VIII, Sec. 812], Oct. 30, 1986, 100 Stat. 3341-308, 3341-335;
Pub. L. 101-73, title VII, Sec. 744(e), Aug. 9, 1989, 103 Stat. 438,
defined terms used in this chapter prior to the general amendment of
this chapter by Pub. L. 104-13.
Another prior section 3502, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.
1302; Pub. L. 93-153, title IV, Sec. 409(a), Nov. 16, 1973, 87 Stat.
593, defined ``Federal agency'', ``person'', and ``information'', prior
to the general amendment of this chapter by Pub. L. 96-511.
Amendments
2002--Par. (9). Pub. L. 107-217 substituted ``section 11101 of title
40'' for ``section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C.
1401)'' and ``section 11103 of title 40'' for ``section 5142 of that Act
(40 U.S.C. 1452)''.
2000--Pub. L. 106-398 substituted ``subchapter'' for ``chapter'' in
introductory provisions.
1997--Par. (9). Pub. L. 105-85 substituted ``the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401)'' for ``the Information Technology Management
Reform Act of 1996'' and inserted ``(40 U.S.C. 1452)'' after ``that
Act''.
1996--Par. (9). Pub. L. 104-106 added par. (9) and struck out former
par. (9) which read as follows: ``the term `information technology' has
the same meaning as the term `automatic data processing equipment' as
defined by section 111(a)(2) and (3)(C)(i) through (v) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 759(a)(2)
and (3)(C)(i) through (v));''.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000,
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out
as an Effective Date note under section 3531 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996,
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission
transferred, except as otherwise provided in Pub. L. 104-88, to Surface
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49,
Transportation, and section 101 of Pub. L. 104-88, set out as a note
under section 701 of Title 49. References to Interstate Commerce
Commission deemed to refer to Surface Transportation Board, a member or
employee of the Board, or Secretary of Transportation, as appropriate,
see section 205 of Pub. L. 104-88, set out as a note under section 701
of Title 49.
Section Referred to in Other Sections
This section is referred to in sections 3532, 3542, 3601 of this
title; title 10 section 1782; title 15 section 278g-3; title 31 sections
1344, 3811; title 40 section 11101; title 41 section 421; title 42
sections 1320b-9, 1395kk-1.
