44 U.S.C. § 3511 — Data inventory and Federal data cata-

Page 169 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3511 chapter by Pub. L. 96–511. See section 3510(b) of this title. 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. § 3509. Designation of central collection agency The Director may designate a central collec- tion agency to obtain information for two or more agencies if the Director determines that the needs of such agencies for information will be adequately served by a single collection agen- cy, and such sharing of data is not inconsistent with applicable law. In such cases the Director shall prescribe (with reference to the collection of information) the duties and functions of the collection agency so designated and of the agen- cies for which it is to act as agent (including re- imbursement for costs). While the designation is in effect, an agency covered by the designation may not obtain for itself information for the agency which is the duty of the collection agen- cy to obtain. The Director may modify the des- ignation from time to time as circumstances re- quire. The authority to designate under this sec- tion is subject to the provisions of section 3507(f) of this subchapter. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 180; 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 3509, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2821, related to designation of central collection agency prior to the general amendment of this chapter by Pub. L. 104–13. Another prior section 3509, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1304, related to plans or forms for col- lecting information, submission to Director, and his approval, prior to the general amendment of this chap- ter by Pub. L. 96–511. AMENDMENTS 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. 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. § 3510. Cooperation of agencies in making infor- mation available (a) The Director may direct an agency to make available to another agency, or an agency may make available to another agency, informa- tion obtained by a collection of information if the disclosure is not inconsistent with applica- ble law. (b)(1) If information obtained by an agency is released by that agency to another agency, all the provisions of law (including penalties) that relate to the unlawful disclosure of information apply to the officers and employees of the agen- cy to which information is released to the same extent and in the same manner as the provisions apply to the officers and employees of the agen- cy which originally obtained the information. (2) The officers and employees of the agency to which the information is released, in addition, shall be subject to the same provisions of law, including penalties, relating to the unlawful dis- closure of information as if the information had been collected directly by that agency. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 180.) Editorial Notes PRIOR PROVISIONS A prior section 3510, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2822, related to cooperation of agencies in making information available prior to the general amendment of this chapter by Pub. L. 104–13. Another prior section 3510, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1305, authorized promulgation of rules and regulations, prior to the general amendment of this chapter by Pub. L. 96–511. See section 3516 of this title. 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. § 3511. Data inventory and Federal data cata- logue (a) COMPREHENSIVE DATA INVENTORY.— (1) IN GENERAL.—In consultation with the Di- rector and in accordance with the guidance es- tablished under paragraph (2), the head of each agency shall, to the maximum extent prac- ticable, develop and maintain a comprehensive data inventory that accounts for all data as- sets created by, collected by, under the con- trol or direction of, or maintained by the agency. The head of each agency shall ensure that such inventory provides a clear and com- prehensive understanding of the data assets in the possession of the agency. (2) GUIDANCE.—The Director shall establish guidance for agencies to develop and maintain comprehensive data inventories under para- graph (1). Such guidance shall include the fol- lowing: (A) A requirement for the head of an agen- cy to include in the comprehensive data in- ventory metadata on each data asset of the agency, including, to the maximum extent practicable, the following: (i) A description of the data asset, in- cluding all variable names and definitions. (ii) The name or title of the data asset. (iii) An indication of whether or not the agency— (I) has determined or can determine if the data asset is— (aa) an open Government data asset; (bb) subject to disclosure or partial disclosure or exempt from disclosure under section 552 of title 5; Page 170 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3511 (cc) a public data asset eligible for disclosure under subsection (b); or (dd) a data asset not subject to open format or open license requirements due to existing limitations or restric- tions on government distribution of the asset; or (II) as of the date of such indication, has not made such determination. (iv) Any determination made under sec- tion 3582, if available. (v) A description of the method by which the public may access or request access to the data asset. (vi) The date on which the data asset was most recently updated. (vii) Each agency responsible for main- taining the data asset. (viii) The owner of the data asset. (ix) To the extent practicable, any re- striction on the use of the data asset. (x) The location of the data asset. (xi) Any other metadata necessary to make the comprehensive data inventory useful to the agency and the public, or oth- erwise determined useful by the Director. (B) A requirement for the head of an agen- cy to exclude from the comprehensive data inventory any data asset contained on a na- tional security system, as defined in section 11103 of title 40. (C) Criteria for the head of an agency to use in determining which metadata required by subparagraph (A), if any, in the com- prehensive data inventory may not be made publicly available, which shall include, at a minimum, a requirement to ensure all infor- mation that could not otherwise be withheld from disclosure under section 552 of title 5 is made public in the comprehensive data in- ventory. (D) A requirement for the head of each agency, in accordance with a procedure es- tablished by the Director, to submit for in- clusion in the Federal data catalogue main- tained under subsection (c) the comprehen- sive data inventory developed pursuant to subparagraph (C), including any real-time updates to such inventory, and data assets made available in accordance with subpara- graph (E) or any electronic hyperlink pro- viding access to such data assets. (E) Criteria for the head of an agency to use in determining whether a particular data asset should not be made publicly available in a manner that takes into ac- count— (i) risks and restrictions related to the disclosure of personally identifiable infor- mation, including the risk that an indi- vidual data asset in isolation does not pose a privacy or confidentiality risk but when combined with other available information may pose such a risk; (ii) security considerations, including the risk that information in an individual data asset in isolation does not pose a se- curity risk but when combined with other available information may pose such a risk; (iii) the cost and benefits to the public of converting the data into a format that could be understood and used by the pub- lic; (iv) whether the public dissemination of the data asset could result in legal liabil- ity; (v) whether the data asset— (I) is subject to intellectual property rights, including rights under titles 17 and 35; (II) contains confidential business in- formation, that could be withheld under section 552(b)(4) of title 5; or (III) is restricted by contract or other binding, written agreement; (vi) whether the holder of a right to such data asset has been consulted; (vii) the expectation that all data assets that would otherwise be made available under section 552 of title 5 be disclosed; and (viii) any other considerations that the Director determines to be relevant. (F) Criteria for the head of an agency to use in assessing the indication of a deter- mination under subparagraph (A)(iii) and how to prioritize any such subsequent deter- minations in the strategic information man- agement plan under section 3506, in consider- ation of the existing resources available to the agency. (3) REGULAR UPDATES REQUIRED.—With re- spect to each data asset created or identified by an agency, the head of the agency shall up- date the comprehensive data inventory of the agency not later than 90 days after the date of such creation or identification. (b) PUBLIC DATA ASSETS.—The head of each agency shall submit public data assets, or links to public data assets available online, as open Government data assets for inclusion in the Federal data catalogue maintained under sub- section (c), in accordance with the guidance es- tablished under subsection (a)(2). (c) FEDERAL DATA CATALOGUE.— (1) IN GENERAL.—The Administrator of Gen- eral Services shall maintain a single public interface online as a point of entry dedicated to sharing agency data assets with the public, which shall be known as the ‘‘Federal data catalogue’’. The Administrator and the Direc- tor shall ensure that agencies can submit pub- lic data assets, or links to public data assets, for publication and public availability on the interface. (2) REPOSITORY.—The Director shall collabo- rate with the Office of Government Informa- tion Services and the Administrator of Gen- eral Services to develop and maintain an on- line repository of tools, best practices, and schema standards to facilitate the adoption of open data practices across the Federal Govern- ment, which shall— (A) include any definitions, regulations, policies, checklists, and case studies related to open data policy; (B) facilitate collaboration and the adop- tion of best practices across the Federal 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-