
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1064(b)]]
[CITE: 44USC3502]

 
                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS
 
         CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
 
Sec. 3502. Definitions

    As used in this chapter--
        (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 5002 of the Clinger-Cohen Act of 1996 (40 
    U.S.C. 1401) but does not include national security systems as 
    defined in section 5142 of that Act (40 U.S.C. 1452);
        (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.)


                            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

    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 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, set out as an Effective Date note 
under section 1401 of Title 40, Public Buildings, Property, and Works.

  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 title 10 section 1782; title 15 
section 278g-3; title 31 sections 1344, 3811; title 40 section 1401; 
title 41 section 421; title 42 section 1320b-9.
