r/title-44-PUBLIC-PRINTING-AND-DOCUMENTS wiki — defined terms

“nautical products” applies in that section

the term “nautical products” includes all nautical charts, tide and tidal current tables, tidal current charts, coast pilots, water level products, and associated data bases which are created or published by the National Oceanic and Atmospheric Administration.

“accredited law school” applies in that section

the term “accredited law school” means any law school which is accredited by a nationally recognized accrediting agency or association approved by the Commissioner of Education for such purpose or accredited by the highest appellate court of the State in which the law school is located.

“base endowment amount” applies in that section

the term “base endowment amount” means the amount of the endowment required under paragraph (3). (ii) (I) The Archivist may give credits against the base endowment amount if the Archivist determines that the proposed Presidential archival depository will have construction features or equipment that are expected to result in quantifiable long-term savings to the Government with respect to the cost of facility operations. (II) The features and equipment described under subclause (I) shall comply with the standards promulgated by the Archivist under subsection (a)(2).

“Archivist” applies throughout its chapter

The term “Archivist” means the Archivist of the United States. (5) The term “former President”, when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential rec­ords were created.

“documentary material” applies throughout its chapter

The term “documentary material” means all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or mechanical recordations, whether in analog, digital, or any other form.;

“personal records” applies throughout its chapter

The term “personal records” means all documentary materials, or any reasonably segregable portion therof, 2 of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.

“Presidential records” applies throughout its chapter

The term “Presidential records” means documentary materials, or any reasonably seg­regable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.

“covered employee” applies in that section

The term “covered employee” means— (A) the immediate staff of the President; (B) the immediate staff of the Vice President; (C) a unit or individual of the Executive Office of the President whose function is to advise and assist the President; and (D) a unit or individual of the Office of the Vice President whose function is to advise and assist the Vice President. (2) Electronic messages .—

“electronic messages” applies in that section

The term “electronic messages” means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals. (3) Electronic messaging account .—

“electronic messaging account” applies in that section

The term “electronic messaging account” means any account that sends electronic messages.

“Archivist” applies throughout its chapter

the term “Archivist” means the Archivist of the United States; (13) the term “executive agency” shall have the meaning given such term by section 102 of title 40 ;

“electronic messages” applies throughout its chapter

the term “electronic messages” means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and;

“electronic records management system” applies throughout its chapter

the term “electronic records management system” means software designed to manage electronic records, including by— (A) categorizing and locating records; (B) ensuring that records are retained as long as necessary; (C) identifying records that are due for disposition; and (D) ensuring the storage, retrieval, and disposition of records.

“Federal agency” applies throughout its chapter

the term “Federal agency” means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Supreme Court, the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol);

“inspection” applies throughout its chapter

the term “inspection” means reviewing any Federal agency’s records or records management practices or programs with respect to effectiveness and compliance with records management laws and making necessary recommendations for correction or improvement of records management;

“National Archives of the United States” applies throughout its chapter

the term “National Archives of the United States” means those official records which have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Government, and which have been accepted by the Archivist for deposit in the Archivist’s custody;

“records” applies throughout its chapter

the term “records” has the meaning given it by section 3301 of this title ;

“records center” applies throughout its chapter

the term “records center” means an establishment maintained and operated by the Archivist or by another Federal agency primarily for the storage, servicing, security, and processing of records which need to be preserved for varying periods of time and need not be retained in office equipment or space;

“records creation” applies throughout its chapter

the term “records creation” means the production or reproduction of any record;

“records disposition” applies throughout its chapter

the term “records disposition” means any activity with respect to— (A) disposal of temporary records no longer necessary for the conduct of business by destruction or donation; (B) transfer of records to Federal agency storage facilities or records centers; (C) transfer to the National Archives of the United States of records determined to have sufficient historical or other value to warrant continued preservation; or (D) transfer of records from one Federal agency to any other Federal agency;

“records maintenance and use” applies throughout its chapter

the term “records maintenance and use” means any activity involving— (A) location of records of a Federal agency; (B) storage, retrieval, and handling of records kept at office file locations by or for a Federal agency; (C) processing of mail by a Federal agency; or (D) selection and utilization of equipment and supplies associated with records and copying;

“records management” applies throughout its chapter

the term “records management” means the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations;

“records management study” applies throughout its chapter

the term “records management study” means an investigation and analysis of any Federal agency records, or records management practices or programs (whether manual or automated), with a view toward rendering findings and recommendations with respect thereto;

“servicing” applies throughout its chapter

the term “servicing” means making available for use information in records and other materials in the custody of the Archivist, or in a records center— (A) by furnishing the records or other materials, or information from them, or copies or reproductions thereof, to any Federal agency for official use, or to the public; or (B) by making and furnishing authenticated or unauthenticated copies or reproductions of the records or other materials;

“unauthenticated copies” applies throughout its chapter

the term “unauthenticated copies” means exact copies or reproductions of records or other materials that are not certified as such under seal and that need not be legally accepted as evidence;

“electronic messages” applies in that section

The term “electronic messages” means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals. (2) Electronic messaging account .—

“electronic messaging account” applies in that section

The term “electronic messaging account” means any account that sends electronic messages. (3) Executive agency .—

“executive agency” applies in that section

The term “executive agency” has the meaning given that term in section 105 of title 5 .

“recorded information” applies throughout its chapter

the term “recorded information” includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form. (b) Determination of Definition .— The Archivist’s determination whether recorded information, regardless of whether it exists in physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies.

“records” applies throughout its chapter

the term “records”— (A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and (B) does not include— (i) library and museum material made or acquired and preserved solely for reference or exhibition purposes; or (ii) duplicate copies of records preserved only for convenience.

“agency” applies throughout its subchapter

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;

“burden” applies throughout its subchapter

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;

“collection of information” applies throughout its subchapter

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 …

“comprehensive data inventory” applies throughout its subchapter

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;

“data” applies throughout its subchapter

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

“data asset” applies throughout its subchapter

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;

“Director” applies throughout its subchapter

the term “Director” means the Director of the Office of Management and Budget;

“independent regulatory agency” applies throughout its subchapter

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, …

“information resources” applies throughout its subchapter

the term “information resources” means information and related resources, such as personnel, equipment, funds, and information technology;

“information resources management” applies throughout its subchapter

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;

“information system” applies throughout its subchapter

the term “information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information;

“information technology” applies throughout its subchapter

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 ;

“metadata” applies throughout its subchapter

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;

“open Government data asset” applies throughout its subchapter

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;

“open license” applies throughout its subchapter

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;

“penalty” applies throughout its subchapter

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;

“person” applies throughout its subchapter

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;

“practical utility” applies throughout its subchapter

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;

“public data asset” applies throughout its subchapter

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;

“public information” applies throughout its subchapter

the term “public information” means any information, regardless of form or format, that an agency discloses, disseminates, or makes available to the public;

“recordkeeping requirement” applies throughout its subchapter

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;

“statistical laws” applies throughout its subchapter

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.

“binding operational directive” applies throughout its subchapter

The term “binding operational directive” means a compulsory direction to an agency that— (A) is for purposes of safeguarding Federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk; (B) shall be in accordance with policies, principles, standards, and guidelines issued by the Director; and (C) may be revised or repealed by the Director if the direction issued on behalf of the Director is not in accordance with policies and principles developed by the Director.;

“incident” applies throughout its subchapter

The term “incident” means an occurrence that— (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.;

“information security” applies throughout its subchapter

The term “information security” means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; (B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (C) availability, which means ensuring timely and reliable access to and use of information.;

“information technology” applies throughout its subchapter

The term “information technology” has the meaning given that term in section 11101 of title 40 .;

“intelligence community” applies throughout its subchapter

The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (6);

“national security system” applies throughout its subchapter

The term “national security system” means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (i) the function, operation, or use of which— (I) involves intelligence activities; (II) involves cryptologic activities related to national security; (III) involves command and control of military forces; (IV) involves equipment that is an integral part of a weapon or weapons system; or (V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or (ii) is protected at all times by procedures established for information that have …

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Homeland Security.

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means— (1) the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Appropriations, the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Science, Space, and Technology of the House of Representatives.

“agency” applies in that section

The term “agency” has the meaning given that term in section 551 of title 5 . (2) Mobile friendly .—

“mobile friendly” applies in that section

The term “mobile friendly” means, with respect to a website, that the website is configured in such a way that the website may be navigated, viewed, and accessed on a smartphone, tablet computer, or similar mobile device.

“agency” applies throughout its subchapter

The term “agency” means any entity that falls within the definition of the term “executive agency”, as defined in section 102 of title 31 , or “agency”, as defined in section 3502. (2) Agent .—

“agent” applies throughout its subchapter

The term “agent” means an individual— (A) (i) who is an employee of a private organization or a researcher affiliated with an institution of higher learning (including a person granted special sworn status by the Bureau of the Census under section 23(c) of title 13 ), and with whom a contract or other agreement is executed, on a temporary basis, by an executive agency to perform exclusively statistical activities under the control and supervision of an officer or employee of that agency; (ii) who is working under the authority of a government entity with which a contract or other agreement is executed by an executive agency to perform exclusively statistical activities under the control of …

“business data” applies throughout its subchapter

The term “business data” means operating and financial data and information about businesses, tax-exempt organizations, and government entities. (4) Data asset .—

“data asset” applies throughout its subchapter

The term “data asset” has the meaning given that term in section 3502. (5) Director .—

“Director” applies throughout its subchapter

The term “Director” means the Director of the Office of Management and Budget. (6) Evidence .—

“evidence” applies throughout its subchapter

The term “evidence” means information produced as a result of statistical activities conducted for a statistical purpose. (7) Identifiable form .—

“identifiable form” applies throughout its subchapter

The term “identifiable form” means any representation of information that permits the identity of the respondent to whom the information applies to be reasonably inferred by either direct or indirect means. (8) Nonstatistical purpose .—

“nonstatistical purpose” applies throughout its subchapter

The term “nonstatistical purpose”— (A) means the use of data in identifiable form for any purpose that is not a statistical purpose, including any administrative, regulatory, law enforcement, adjudicatory, or other purpose that affects the rights, privileges, or benefits of a particular identifiable respondent; and (B) includes the disclosure under section 552 of title 5 of data that are acquired for exclusively statistical purposes under a pledge of confidentiality. (9) Respondent .—

“respondent” applies throughout its subchapter

The term “respondent” means a person who, or organization that, is requested or required to supply information to an agency, is the subject of information requested or required to be supplied to an agency, or provides that information to an agency. (10) Statistical activities .—

“statistical activities” applies throughout its subchapter

The term “statistical activities”— (A) means the collection, compilation, processing, or analysis of data for the purpose of describing or making estimates concerning the whole, or relevant groups or components within, the economy, society, or the natural environment; and (B) includes the development of methods or resources that support those activities, such as measurement methods, models, statistical classifications, or sampling frames. (11) Statistical agency or unit .—

“statistical agency or unit” applies throughout its subchapter

The term “statistical agency or unit” means an agency or organizational unit of the executive branch whose activities are predominantly the collection, compilation, processing, or analysis of information for statistical purposes, as designated by the Director under section 3562. (12) Statistical purpose .—

“statistical purpose” applies throughout its subchapter

The term “statistical purpose”— (A) means the description, estimation, or analysis of the characteristics of groups, without identifying the individuals or organizations that comprise such groups; and (B) includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subparagraph (A).

“confidentiality” applies in that section

The term “confidentiality” means a quality or condition accorded to information as an obligation not to disclose that information to an unauthorized party. (3) Objective .— The term “objective”, when used with respect to statistical activities, means accurate, clear, complete, and unbiased. (4) Relevant .— The term “relevant”, when used with respect to statistical information, means processes, activities, and other such matters likely to be useful to policymakers and public and private sector data users.

“Designated Statistical Agency” applies in that section

the term “Designated Statistical Agency” means each of the following: (1) The Census Bureau of the Department of Commerce. (2) The Bureau of Economic Analysis of the Department of Commerce. (3) The Bureau of Labor Statistics of the Department of Labor.

“Administrator” applies in that section

The term “Administrator” means the Administrator of General Services. (2) Appropriate congressional committees .—

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (3) Authorization to operate; federal information .—

“authorization to operate” applies in that section

The terms “authorization to operate” and “Federal information” have the meaning given those term 1 in Circular A–130 of the Office of Management and Budget entitled “Managing Information as a Strategic Resource”, or any successor document. (4) Cloud computing .—

“cloud computing” applies in that section

The term “cloud computing” has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document. (5) Cloud service provider .—

“cloud service provider” applies in that section

The term “cloud service provider” means an entity offering cloud computing products or services to agencies. (6) FedRAMP .—

“Federal information” applies in that section

The terms “authorization to operate” and “Federal information” have the meaning given those term 1 in Circular A–130 of the Office of Management and Budget entitled “Managing Information as a Strategic Resource”, or any successor document. (4) Cloud computing .—

“FedRAMP” applies in that section

The term “FedRAMP” means the Federal Risk and Authorization Management Program established under section 3608. (7) FedRAMP authorization .—

“FedRAMP authorization” applies in that section

The term “FedRAMP authorization” means a certification that a cloud computing product or service has— (A) completed a FedRAMP authorization process, as determined by the Administrator; or (B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board. (8) Fedramp authorization package .—

“FedRAMP authorization package” applies in that section

The term “FedRAMP authorization package” means the essential information that can be used by an agency to determine whether to authorize the operation of an information system or the use of a designated set of common controls for all cloud computing products and services authorized by FedRAMP. (9) FedRAMP board .—

“FedRAMP Board” applies in that section

The term “FedRAMP Board” means the board established under section 3610. (10) Independent assessment service .—

“independent assessment service” applies in that section

The term “independent assessment service” means a third-party organization accredited by the Administrator to undertake conformity assessments of cloud service providers and the products or services of cloud service providers. (11) Secretary .—

“Secretary” applies in that section

The term “Secretary” means the Secretary of Homeland Security.

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (A) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and (B) the Committee on House Administration and the Committee on Appropriations of the House of Representatives. (d) The Director of the Government Publishing Office shall include the annual budget request of the Inspector General in the budget of the Government Publishing Office without change.

“Federal electronic information” applies throughout its chapter

the term “Federal electronic information” means Federal public information stored electronically.