§ 3502. Definitions

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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.

(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; Pub. L. 115–435, title II, § 202(a), Jan. 14, 2019, 132 Stat. 5534.)

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