USC Diff of title44 chap35 subchap I sec3502 for S1088

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44 U.S.C.
United States Code, 2015 Edition
Title 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
Sec. 3502 - Definitions
From the U.S. Government Publishing Office, www.gpo.gov
<http://www.gpo.gov/>


      §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 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
<span id="s1088">
(D) report to third parties, the Federal Government, or the public
regarding such records; <del>and</del>

(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<del>.</del><span class="new">; and

(15) the term ‘voluntary feedback’ means any submission of information, 
opinion, or concern that is—

(A) voluntarily made by a specific indi- vidual or other entity relating 
to a particular service of or transaction with an agency; and

(B) specifically solicited by that agency.
</span></span>

(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 164; amended Pub. L.
104–106, div. E, title LVI, §5605(a), Feb. 10, 1996, 110 Stat. 700; Pub.
L. 105–85, div. A, title X, §1073(h)(5)(A), Nov. 18, 1997, 111 Stat.
1907; Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000,
114 Stat. 1654, 1654A–275; Pub. L. 107–217, §3(l)(4), Aug. 21, 2002, 116
Stat. 1301; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L.
109–435, title VI, §604(e), Dec. 20, 2006, 120 Stat. 3242; Pub. L.
110–289, div. A, title II, §1216(e), July 30, 2008, 122 Stat. 2792; Pub.
L. 111–203, title III, §315, title X, §1100D(a), July 21, 2010, 124
Stat. 1524, 2111.)


        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

*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));".


        Effective Date of 2010 Amendment

Amendment 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 Amendment

Amendment 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 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 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.
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