§3502 — Title 44 Public Printing and Documents | U.S. Code

Summary

Defines the main words used in this part of the law so everyone knows what they mean. It explains that "agency" means most executive branch departments and independent regulatory agencies but excludes the Government Accountability Office, the Federal Election Commission, the governments of the District of Columbia and U.S. territories and their subdivisions, and government-owned contractor-operated facilities. It also spells out other key terms like "burden," "collection of information," and "Director." Here are the terms with a one-line description each: agency — executive branch units and listed independent regulators (including the Board of Governors of the Federal Reserve System; Commodity Futures Trading Commission; Consumer Product Safety Commission; Federal Communications Commission; Federal Deposit Insurance Corporation; Federal Energy Regulatory Commission; Federal Housing Finance Agency; Federal Maritime Commission; Federal Trade Commission; Interstate Commerce Commission; Mine Enforcement Safety and Health Review Commission; National Labor Relations Board; Nuclear Regulatory Commission; Occupational Safety and Health Review Commission; Postal Regulatory Commission; Securities and Exchange Commission; Bureau of Consumer Financial Protection; Office of Financial Research; Office of the Comptroller of the Currency; and any other similar statutorily designated independent regulatory agency); burden — time, effort, or money people spend to give information to an agency; collection of information — asking the same questions of ten or more people or asking federal employees questions used for general statistics (does not include collections under section 3518(c)(1)); Director — Director of the Office of Management and Budget; information resources — information plus people, equipment, money, and IT; information resources management — managing those resources to meet agency goals and reduce public burden; information system — organized set of resources for handling information; information technology — meaning in section 11101 of title 40, excluding national security systems in section 11103 of title 40; person — an individual, business, group, or government unit; practical utility — an agency’s ability to use information effectively; public information — anything an agency makes available to the public; recordkeeping requirement — a rule to keep, tell about, share, or report records; penalty — fines, damages, punishments, or loss of licenses or benefits; comprehensive data inventory — the inventory made under section 3511(a); data — recorded information; data asset — a grouped set of data; machine-readable — computer-processable data without losing meaning; metadata — descriptive information about data (like source, format, contact, and accuracy); open Government data asset — public data that is machine-readable, available or could be in open format, not restricted except for intellectual property, and based on an open standard; open license — a legal promise the data is free to the public and can be copied, shared, or adapted without restriction; public data asset — federal data that has been or could be released to the public, including under section 552 of title 5; statistical laws — subchapter III of this chapter and other laws the Director names that protect information collected for statistical purposes.

Title 44, §3502

Public Printing and Documents — Source: USLM XML via OLRC

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 Government Accountability 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 Agency, 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 Regulatory Commission, the Securities and Exchange Commission, the Bureau of Consumer Financial Protection, the Office of Financial Research, Office of the Comptroller of the Currency, 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;

(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;

(15)the term “comprehensive data inventory” means the inventory created under section 3511(a), but does not include any underlying data asset listed on the inventory;

(16)the term “data” means recorded information, regardless of form or the media on which the data is recorded;

(17)the term “data asset” means a collection of data elements or data sets that may be grouped together;

(18)the term “machine-readable”, when used with respect to data, means data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost;

(19)the term “metadata” means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions;

(20)the term “open Government data asset” means a public data asset that is—

(A)machine-readable;

(B)available (or could be made available) in an open format;

(C)not encumbered by restrictions, other than intellectual property rights, including under titles 17 and 35, that would impede the use or reuse of such asset; and

(D)based on an underlying open standard that is maintained by a standards organization;

(21)the term “open license” means a legal guarantee that a data asset is made available—

(A)at no cost to the public; and

(B)with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting such asset;

(22)the term “public data asset” means a data asset, or part thereof, maintained by the Federal Government that has been, or may be, released to the public, including any data asset, or part thereof, subject to disclosure under section 552 of title 5; and

(23)the term “statistical laws” means subchapter III of this chapter and other laws pertaining to the protection of information collected for statistical purposes as designated by the Director.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3502, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2813; amended Pub. L. 98–443, § 9(h), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 99–500, § 101(m) [title VIII, § 812], Oct. 18, 1986, 100 Stat. 1783–308, 1783–335, and Pub. L. 99–591, § 101(m) [title VIII, § 812], Oct. 30, 1986, 100 Stat. 3341–308, 3341–335; Pub. L. 101–73, title VII, § 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, § 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

2019—Pars. (15) to (23). Pub. L. 115–435 added pars. (15) to (23). 2010—Par. (5). Pub. L. 111–203, § 1100D(a), which directed amendment of section 2(5) of the Paperwork Reduction Act (44 U.S.C. 3502(5)) by inserting “the Bureau of Consumer Financial Protection, the Office of Financial Research,” after “the Securities and Exchange Commission,”, was executed to this section to reflect the probable intent of Congress. Pub. L. 111–203, § 315, inserted “Office of the Comptroller of the Currency,” after “the Securities and Exchange Commission,”. 2008—Par. (5). Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”. 2006—Par. (5). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 2004—Par. (1)(A). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 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));”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2019 AmendmentAmendment by Pub. L. 115–435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as a note under section 306 of Title 5, Government Organization and Employees.

Effective Date

of 2010 AmendmentAmendment by section 315 of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an

Effective Date

note under section 5301 of Title 12, Banks and Banking. Amendment by section 1100D(a) of Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an

Effective Date

note under former section 3531 of this title.

Effective Date

of 1996 AmendmentAmendment 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.

Effective Date

Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title. 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 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 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 1301 of Title 49.

§3502 Definitions

Summary

Title 44, §3502

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Transfer of Functions

Citations & Metadata