44 U.S.C. § 3519 — Access to information

Page 174 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3519 1 See References in Text note below. tions, and procedures for Federal information resources management activities is subject to the authority of the Director under this sub- chapter. (b) Nothing in this subchapter shall be deemed to affect or reduce the authority of the Sec- retary of Commerce or the Director of the Office of Management and Budget pursuant to Reorga- nization Plan No. 1 of 1977 (as amended) and Ex- ecutive order, relating to telecommunications and information policy, procurement and man- agement of telecommunications and informa- tion systems, spectrum use, and related matters. (c)(1) Except as provided in paragraph (2), this subchapter shall not apply to the collection of information— (A) during the conduct of a Federal criminal investigation or prosecution, or during the disposition of a particular criminal matter; (B) during the conduct of— (i) a civil action to which the United States or any official or agency thereof is a party; or (ii) an administrative action or investiga- tion involving an agency against specific in- dividuals or entities; (C) by compulsory process pursuant to the Antitrust Civil Process Act and section 13 of the Federal Trade Commission Improvements Act of 1980; or (D) during the conduct of intelligence activi- ties as defined in section 3.4(e) of Executive Order No. 12333, issued December 4, 1981, or successor orders, or during the conduct of cryptologic activities that are communica- tions security activities. (2) This subchapter applies to the collection of information during the conduct of general inves- tigations (other than information collected in an antitrust investigation to the extent pro- vided in subparagraph (C) of paragraph (1)) un- dertaken with reference to a category of individ- uals or entities such as a class of licensees or an entire industry. (d) Nothing in this subchapter shall be inter- preted as increasing or decreasing the authority conferred by sections 11331 and 11332 1 of title 40 on the Secretary of Commerce or the Director of the Office of Management and Budget. (e) Nothing in this subchapter shall be inter- preted as increasing or decreasing the authority of the President, the Office of Management and Budget or the Director thereof, under the laws of the United States, with respect to the sub- stantive policies and programs of departments, agencies and offices, including the substantive authority of any Federal agency to enforce the civil rights laws. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 183; amended Pub. L. 104–106, div. E, title LI, § 5131(e)(2), Feb. 10, 1996, 110 Stat. 688; Pub. L. 105–85, div. A, title X, § 1073(h)(5)(C), 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)(7), Aug. 21, 2002, 116 Stat. 1302.) Editorial Notes REFERENCES IN TEXT Reorganization Plan No. 1 of 1977, referred to in sub- sec. (b), is set out in the Appendix to Title 5, Govern- ment Organization and Employees. Executive order, referred to in subsec. (b), probably means Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, which is set out as a note under section 305 of Title 47, Telecommunications. The Antitrust Civil Process Act, referred to in sub- sec. (c)(1)(C), is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. Section 13 of the Federal Trade Commission Improve- ments Act of 1980, referred to in subsec. (c)(1)(C), is classified to section 57b–1 of Title 15. Executive Order No. 12333, referred to in subsec. (c)(1)(D), is Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out as a note under section 3001 of Title 50, War and National Defense. Section 11332 of title 40, referred to in subsec. (d), was repealed by Pub. L. 107–296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272, and Pub. L. 107–347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960. PRIOR PROVISIONS A prior section 3518, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to the effect on existing laws and regulations prior to the general amendment of this chapter by Pub. L. 104–13. AMENDMENTS 2002—Subsec. (d). Pub. L. 107–217 substituted ‘‘sec- tions 11331 and 11332 of title 40’’ for ‘‘section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and the Com- puter Security Act of 1987 (40 U.S.C. 759 note)’’. 2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appearing. 1997—Subsec. (d). Pub. L. 105–85 substituted ‘‘Clinger- Cohen Act of 1996 (40 U.S.C. 1441)’’ for ‘‘Information Technology Management Reform Act of 1996’’. 1996—Subsec. (d). Pub. L. 104–106 substituted ‘‘section 5131 of the Information Technology Management Re- form Act of 1996 and the Computer Security Act of 1987 (40 U.S.C. 759 note) on the Secretary of Commerce or’’ for ‘‘Public Law 89–306 on the Administrator of the General Services Administration, the Secretary of Commerce, or’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective Oct. 1, 1995, except as otherwise pro- vided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title. § 3519. Access to information Under the conditions and procedures pre- scribed in section 716 of title 31, the Director and personnel in the Office of Information and Regu- latory Affairs shall furnish such information as the Comptroller General may require for the dis- Page 175 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3520 charge of the responsibilities of the Comptroller General. For the purpose of obtaining such in- formation, the Comptroller General or rep- resentatives thereof shall have access to all books, documents, papers and records, regard- less of form or format, of the Office. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 183.) Editorial Notes PRIOR PROVISIONS A prior section 3519, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 97–258, § 3(m)(3), Sept. 13, 1982, 96 Stat. 1066, related to access to informa- tion prior to the general amendment of this chapter by Pub. L. 104–13. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1995, except as otherwise pro- vided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title. § 3520. Chief Data Officers (a) ESTABLISHMENT.—The head of each agency shall designate a nonpolitical appointee em- ployee in the agency as the Chief Data Officer of the agency. (b) QUALIFICATIONS.—The Chief Data Officer of an agency shall be designated on the basis of demonstrated training and experience in data management, governance (including creation, application, and maintenance of data stand- ards), collection, analysis, protection, use, and dissemination, including with respect to any statistical and related techniques to protect and de-identify confidential data. (c) FUNCTIONS.—The Chief Data Officer of an agency shall— (1) be responsible for lifecycle data manage- ment; (2) coordinate with any official in the agency responsible for using, protecting, dissemi- nating, and generating data to ensure that the data needs of the agency are met; (3) manage data assets of the agency, includ- ing the standardization of data format, shar- ing of data assets, and publication of data as- sets in accordance with applicable law; (4) in carrying out the requirements under paragraphs (3) and (5), consult with any statis- tical official of the agency (as designated under section 314 of title 5); (5) carry out the requirements of the agency under subsections (b) through (d), (f), and (i) of section 3506, section 3507, and section 3511; (6) ensure that, to the extent practicable, agency data conforms with data management best practices; (7) engage agency employees, the public, and contractors in using public data assets and en- courage collaborative approaches on improv- ing data use; (8) support the Performance Improvement Officer of the agency in identifying and using data to carry out the functions described in section 1124(a)(2) of title 31; (9) support the Evaluation Officer of the agency in obtaining data to carry out the functions described in section 313(d) of title 5; (10) review the impact of the infrastructure of the agency on data asset accessibility and coordinate with the Chief Information Officer of the agency to improve such infrastructure to reduce barriers that inhibit data asset ac- cessibility; (11) ensure that, to the extent practicable, the agency maximizes the use of data in the agency, including for the production of evi- dence (as defined in section 3561), cybersecurity, and the improvement of agency operations; (12) identify points of contact for roles and responsibilities related to open data use and implementation (as required by the Director); (13) serve as the agency liaison to other agencies and the Office of Management and Budget on the best way to use existing agency data for statistical purposes (as defined in sec- tion 3561); and (14) comply with any regulation and guid- ance issued under subchapter III, including the acquisition and maintenance of any required certification and training. (d) DELEGATION OF RESPONSIBILITIES.— (1) IN GENERAL.—To the extent necessary to comply with statistical laws, the Chief Data Officer of an agency shall delegate any respon- sibility under subsection (c) to the head of a statistical agency or unit (as defined in sec- tion 3561) within the agency. (2) CONSULTATION.—To the extent permis- sible under law, the individual to whom a re- sponsibility has been delegated under para- graph (1) shall consult with the Chief Data Of- ficer of the agency in carrying out such re- sponsibility. (3) DEFERENCE.—The Chief Data Officer of the agency shall defer to the individual to whom a responsibility has been delegated under paragraph (1) regarding the necessary delegation of such responsibility with respect to any data acquired, maintained, or dissemi- nated by the agency under applicable statis- tical law. (e) REPORTS.—The Chief Data Officer of an agency shall submit to the Committee on Home- land Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representa- tives an annual report on the compliance of the agency with the requirements of this sub- chapter, including information on each require- ment that the agency could not carry out and, if applicable, what the agency needs to carry out such requirement. (Added Pub. L. 107–198, § 3(a)(2), June 28, 2002, 116 Stat. 730; amended Pub. L. 115–435, title II, § 202(e)(1), Jan. 14, 2019, 132 Stat. 5541.) Editorial Notes PRIOR PROVISIONS A prior section 3520 was renumbered section 3521 of this title. Another prior section 3520, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 99–500, § 101(m) [title VIII, § 820], Oct. 18, 1986, 100 Stat. 1783–308, 1783–340, and Pub. L. 99–591, § 101(m) [title VIII, § 820], Oct. 30, 1986, 100 Stat. 3341–308, 3341–340, related to au-