44 U.S.C. § 3518 — Effect on existing laws and regulations

Page 173 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3518 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. § 3516. Rules and regulations The Director shall promulgate rules, regula- tions, or procedures necessary to exercise the authority provided by this subchapter. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 182; 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 3516, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to rules and regulations prior to the general amendment of this chapter by Pub. L. 104–13. 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. POLICY AND PROCEDURAL GUIDELINES Pub. L. 106–554, § 1(a)(3) [title V, § 515], Dec. 21, 2000, 114 Stat. 2763, 2763A–153, provided that: ‘‘(a) IN GENERAL.—The Director of the Office of Man- agement and Budget shall, by not later than September 30, 2001, and with public and Federal agency involve- ment, issue guidelines under sections 3504(d)(1) and 3516 of title 44, United States Code, that provide policy and procedural guidance to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical informa- tion) disseminated by Federal agencies in fulfillment of the purposes and provisions of chapter 35 of title 44, United States Code, commonly referred to as the Pa- perwork Reduction Act. ‘‘(b) CONTENT OF GUIDELINES.—The guidelines under subsection (a) shall— ‘‘(1) apply to the sharing by Federal agencies of, and access to, information disseminated by Federal agencies; and ‘‘(2) require that each Federal agency to which the guidelines apply— ‘‘(A) issue guidelines ensuring and maximizing the quality, objectivity, utility, and integrity of in- formation (including statistical information) dis- seminated by the agency, by not later than 1 year after the date of issuance of the guidelines under subsection (a); ‘‘(B) establish administrative mechanisms allow- ing affected persons to seek and obtain correction of information maintained and disseminated by the agency that does not comply with the guidelines issued under subsection (a); and ‘‘(C) report periodically to the Director— ‘‘(i) the number and nature of complaints re- ceived by the agency regarding the accuracy of information disseminated by the agency; and ‘‘(ii) how such complaints were handled by the agency.’’ § 3517. Consultation with other agencies and the public (a) In developing information resources man- agement policies, plans, rules, regulations, pro- cedures, and guidelines and in reviewing collec- tions of information, the Director shall provide interested agencies and persons early and mean- ingful opportunity to comment. (b) Any person may request the Director to re- view any collection of information conducted by or for an agency to determine, if, under this sub- chapter, a person shall maintain, provide, or dis- close the information to or for the agency. Un- less the request is frivolous, the Director shall, in coordination with the agency responsible for the collection of information— (1) respond to the request within 60 days after receiving the request, unless such period is extended by the Director to a specified date and the person making the request is given no- tice of such extension; and (2) take appropriate remedial action, if nec- essary. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 182; 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 3517, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2824, related to consultation with other agencies and the public prior to the general amend- ment of this chapter by Pub. L. 104–13. AMENDMENTS 2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘sub- chapter’’ for ‘‘chapter’’ in introductory provisions. 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. § 3518. Effect on existing laws and regulations (a) Except as otherwise provided in this sub- chapter, the authority of an agency under any other law to prescribe policies, rules, regula- 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-