44 U.S.C. § 3508 — Determination of necessity for informa-

Page 168 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3508 for approval or disapproval under this sub- chapter. (3) An agency may not make a substantive or material modification to a collection of infor- mation after such collection has been approved by the Director, unless the modification has been submitted to the Director for review and approval under this subchapter. (i)(1) If the Director finds that a senior official of an agency designated under section 3506(a) is sufficiently independent of program responsi- bility to evaluate fairly whether proposed col- lections of information should be approved and has sufficient resources to carry out this respon- sibility effectively, the Director may, by rule in accordance with the notice and comment provi- sions of chapter 5 of title 5, United States Code, delegate to such official the authority to ap- prove proposed collections of information in spe- cific program areas, for specific purposes, or for all agency purposes. (2) A delegation by the Director under this section shall not preclude the Director from re- viewing individual collections of information if the Director determines that circumstances warrant such a review. The Director shall retain authority to revoke such delegations, both in general and with regard to any specific matter. In acting for the Director, any official to whom approval authority has been delegated under this section shall comply fully with the rules and regulations promulgated by the Director. (j)(1) The agency head may request the Direc- tor to authorize a collection of information, if an agency head determines that— (A) a collection of information— (i) is needed prior to the expiration of time periods established under this subchapter; and (ii) is essential to the mission of the agen- cy; and (B) the agency cannot reasonably comply with the provisions of this subchapter be- cause— (i) public harm is reasonably likely to re- sult if normal clearance procedures are fol- lowed; (ii) an unanticipated event has occurred; or (iii) the use of normal clearance proce- dures is reasonably likely to prevent or dis- rupt the collection of information or is rea- sonably likely to cause a statutory or court ordered deadline to be missed. (2) The Director shall approve or disapprove any such authorization request within the time requested by the agency head and, if approved, shall assign the collection of information a con- trol number. Any collection of information con- ducted under this subsection may be conducted without compliance with the provisions of this subchapter for a maximum of 180 days after the date on which the Director received the request to authorize such collection. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 176; amended Pub. L. 104–106, div. E, title LVI, § 5605(d), Feb. 10, 1996, 110 Stat. 700; 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 3507, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2819; amended Pub. L. 99–500, § 101(m) [title VIII, § 817], Oct. 18, 1986, 100 Stat. 1783–308, 1783–338, and Pub. L. 99–591, § 101(m) [title VIII, § 817], Oct. 30, 1986, 100 Stat. 3341–308, 3341–338, related to sub- mission to Director of public information collection re- quest for an approval or delegation to a senior official of an agency prior to the general amendment of this chapter by Pub. L. 104–13. Another prior section 3507, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1304, provided for cooperation of agencies in making information available, prior to the general amendment of this chapter by Pub. L. 96–511. See sec- tion 3510(a) of this title. AMENDMENTS 2000—Subsecs. (e)(3)(B), (h), (j). Pub. L. 106–398 sub- stituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appear- ing. 1996—Subsec. (j)(2). Pub. L. 104–106 substituted ‘‘180 days’’ for ‘‘90 days’’. 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. § 3508. Determination of necessity for informa- tion; hearing Before approving a proposed collection of in- formation, the Director shall determine whether the collection of information by the agency is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility. Before making a determination the Director may give the agency and other interested persons an op- portunity to be heard or to submit statements in writing. To the extent, if any, that the Direc- tor determines that the collection of informa- tion by an agency is unnecessary for any reason, the agency may not engage in the collection of information. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 179.) Editorial Notes PRIOR PROVISIONS A prior section 3508, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2821, related to determination of whether collection of information is necessary for prop- er performance of functions of agency prior to the gen- eral amendment of this chapter by Pub. L. 104–13. Another prior section 3508, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1304, related to unlawful disclosure of in- formation, penalties, and release of information to other agencies, prior to the general amendment of this 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;