44 U.S.C. § 3520 — Chief Data Officers

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- Page 176 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3520A 1 So in original. Probably should be preceded by ‘‘the’’. thorization of appropriations prior to the general amendment of this chapter by Pub. L. 104–13. AMENDMENTS 2019—Pub. L. 115–435 amended section generally. Prior to amendment, section related to establishment of task force on information collection and dissemination. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 115–435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as a note under section 306 of Title 5, Government Or- ganization and Employees. § 3520A. Chief Data Officer Council (a) ESTABLISHMENT.—There is established in the Office of Management and Budget a Chief Data Officer Council (in this section referred to as the ‘‘Council’’). (b) PURPOSE AND FUNCTIONS.—The Council shall— (1) establish Governmentwide best practices for the use, protection, dissemination, and generation of data; (2) promote and encourage data sharing agreements between agencies; (3) identify ways in which agencies can im- prove upon the production of evidence for use in policymaking; (4) consult with the public and engage with private users of Government data and other stakeholders on how to improve access to data assets of the Federal Government; and (5) identify and evaluate new technology so- lutions for improving the collection and use of data. (c) MEMBERSHIP.— (1) IN GENERAL.—The Chief Data Officer of each agency shall serve as a member of the Council. (2) CHAIR.—The Director shall select the Chair of the Council from among the members of the Council. (3) ADDITIONAL MEMBERS.—The Adminis- trator of the Office of Electronic Government shall serve as a member of the Council. (4) EX OFFICIO MEMBER.—The Director shall appoint a representative for all Chief Informa- tion Officers and Evaluation Officers, and such representative shall serve as an ex officio member of the Council. (d) REPORTS.—The Council shall submit to the Director, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Re- form of the House of Representatives a biennial report on the work of the Council. (e) EVALUATION AND TERMINATION.— (1) GAO EVALUATION OF COUNCIL.—Not later than 4 years after date 1 of the enactment of this section, the Comptroller General shall submit to Congress a report on whether the additional duties of the Council improved the use of evidence and program evaluation in the Federal Government. (2) TERMINATION OF COUNCIL.—The Council shall terminate and this section shall be re- pealed upon the expiration of the 2-year period that begins on the date the Comptroller Gen- eral submits the report under paragraph (1) to Congress. (Added Pub. L. 115–435, title II, § 202(f)(1), Jan. 14, 2019, 132 Stat. 5542.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 115–435, which was approved Jan. 14, 2019. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees. § 3521. Authorization of appropriations There are authorized to be appropriated to the Office of Information and Regulatory Affairs to carry out the provisions of this subchapter, and for no other purpose, $8,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 184, § 3520; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; renumbered § 3521, Pub. L. 107–198, § 3(a)(1), June 28, 2002, 116 Stat. 730.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–198 renumbered section 3520 of this title as this section. 2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’. 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.