44 U.S.C. § 3512 — Public protection

Page 171 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3513 Government relating to the adoption of open data practices; and (C) be made available on the Federal data catalogue maintained under paragraph (1). (3) ACCESS TO OTHER DATA ASSETS.—The Di- rector shall ensure the Federal data catalogue maintained under paragraph (1) provides infor- mation on how the public can access a data asset included in a comprehensive data inven- tory under subsection (a) that is not yet avail- able on the Federal data catalogue, including information regarding the application process established under section 3583 of title 44. (d) DELEGATION.—The Director shall delegate to the Administrator of the Office of Informa- tion and Regulatory Affairs and the Adminis- trator of the Office of Electronic Government the authority to jointly issue guidance required under this section. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 180; amended Pub. L. 113–235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 115–435, title II, § 202(d)(1), Jan. 14, 2019, 132 Stat. 5538.) Editorial Notes PRIOR PROVISIONS A prior section 3511, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2822; amended Pub. L. 99–500, § 101(m) [title VIII, § 818], Oct. 18, 1986, 100 Stat. 1783–308, 1783–339, and Pub. L. 99–591, § 101(m) [title VIII, § 818], Oct. 30, 1986, 100 Stat. 3341–308, 3341–339, related to es- tablishment and operation of a Federal Information Locator System prior to the general amendment of this chapter by Pub. L. 104–13. Another prior section 3511, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305, provided for penalty for failure to furnish information, prior to the general amendment of this chapter by Pub. L. 96–511. AMENDMENTS 2019—Pub. L. 115–435 amended section generally. Prior to amendment, section related to establishment and operation of Government Information Locator Service. 2014—Subsec. (a)(3). Pub. L. 113–235 substituted ‘‘Di- rector of the Government Publishing Office’’ for ‘‘Pub- lic Printer’’. Statutory Notes and Related Subsidiaries 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. 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. § 3512. Public protection (a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of infor- mation that is subject to this subchapter if— (1) the collection of information does not display a valid control number assigned by the Director in accordance with this subchapter; or (2) the agency fails to inform the person who is to respond to the collection of information that such person is not required to respond to the collection of information unless it displays a valid control number. (b) The protection provided by this section may be raised in the form of a complete defense, bar, or otherwise at any time during the agency administrative process or judicial action appli- cable thereto. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 181; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) Editorial Notes PRIOR PROVISIONS A prior section 3512, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2822, related to protection of persons failing to maintain or provide information if informa- tion collection request did not display current control number prior to the general amendment of this chapter by Pub. L. 104–13. Another prior section 3512, added Pub. L. 93–153, title IV, § 409(b), Nov. 16, 1973, 87 Stat. 593, related to infor- mation for independent regulatory agencies, prior to the general amendment of this chapter by Pub. L. 96–511. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘sub- chapter’’ for ‘‘chapter’’ in introductory provisions and par. (1). 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 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. § 3513. Director review of agency activities; re- porting; agency response (a) In consultation with the Administrator of General Services, the Archivist of the United States, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management, the Direc- tor shall periodically review selected agency in- formation resources management activities to ascertain the efficiency and effectiveness of such activities to improve agency performance and the accomplishment of agency missions. (b) Each agency having an activity reviewed under subsection (a) shall, within 60 days after receipt of a report on the review, provide a writ- ten plan to the Director describing steps (includ- ing milestones) to— (1) be taken to address information re- sources management problems identified in the report; and (2) improve agency performance and the ac- complishment of agency missions. (c) COMPARABLE TREATMENT.—Notwith- standing any other provision of law, the Direc- tor shall treat or review a rule or order pre- scribed or proposed by the Director of the Bu-