Page 120 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3514

§107(b)(27), Oct. 19, 1984, 98 Stat. 2291, related to peri

odic review of agency activities by Director and report of review and agency response to it prior to the general amendment of this chapter by Pub. L. 104–13.

§ 3514. Responsiveness to Congress

(a)(1) The Director shall— (A) keep the Congress and congressional committees fully and currently informed of the major activities under this subchapter;

and (B) submit a report on such activities to the President of the Senate and the Speaker of the House of Representatives annually and at such

other times as the Director determines nec

essary.

(2) The Director shall include in any such re

port a description of the extent to which agen

cies have— (A) reduced information collection burdens on the public, including— (i) a summary of accomplishments and planned initiatives to reduce collection of
information burdens; (ii) a list of all violations of this sub

chapter and of any rules, guidelines, poli

cies, and procedures issued pursuant to this subchapter; (iii) a list of any increase in the collection of information burden, including the author

ity for each such collection; and (iv) a list of agencies that in the preceding year did not reduce information collection

burdens in accordance with section 3505(a)(1), a list of the programs and statu

tory responsibilities of those agencies that precluded that reduction, and recommenda

tions to assist those agencies to reduce in

formation collection burdens in accordance
with that section;

(B) improved the quality and utility of sta

tistical information; (C) improved public access to Government
information; and (D) improved program performance and the accomplishment of agency missions through information resources management.

(b) The preparation of any report required by this section shall be based on performance re

sults reported by the agencies and shall not in

crease the collection of information burden on persons outside the Federal Government.

(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.)

P RIOR P ROVISIONS

A prior section 3514, added Pub. L. 96–511, §2(a), Dec.
11, 1980, 94 Stat. 2823, and Pub. L. 99–500, §101(m) [title
VIII, §819], Oct. 18, 1986, 100 Stat. 1783–308, 1783–339, and
Pub. L. 99–591, §101(m) [title VIII, §819], Oct. 30, 1986, 100
Stat. 3341–308, 3341–339, related to requirement that Di

rector keep Congress fully informed prior to the gen

eral amendment of this chapter by Pub. L. 104–13.

A MENDMENTS

2000—Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106–398 sub

stituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appear

ing.

E FFECTIVE D ATE OF 2000 A MENDMENT

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, set out as an Effective Date note under

section 3531 of this title.

T ERMINATION OF R EPORTING R EQUIREMENTS

For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which the 8th item on
page 41 identifies an annual reporting requirement
which, as subsequently amended, is contained in sub

sec. (a) of this section), see section 3003 of Pub. L.
104–66, as amended, set out as a note under section 1113
of Title 31, Money and Finance.

§ 3515. Administrative powers

Upon the request of the Director, each agency
(other than an independent regulatory agency)
shall, to the extent practicable, make its serv

ices, personnel, and facilities available to the
Director for the performance of functions under
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.)

P RIOR P ROVISIONS

A prior section 3515, added Pub. L. 96–511, §2(a), Dec.
11, 1980, 94 Stat. 2824, related to availability of agency
services, personnel, and facilities prior to the general
amendment of this chapter by Pub. L. 104–13.

A MENDMENTS

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for
‘‘chapter’’.

E FFECTIVE D ATE OF 2000 A MENDMENT

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, set out as an Effective Date note under

section 3531 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.)

P RIOR P ROVISIONS

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.

A MENDMENTS

2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for
‘‘chapter’’.

E FFECTIVE D ATE OF 2000 A MENDMENT

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, set out as an Effective Date note under

section 3531 of this title.

P OLICY AND P ROCEDURAL G UIDELINES

Pub. L. 106–554, §1(a)(3) [title V, §515], Dec. 21, 2000,
114 Stat. 2763, 2763A–153, provided that:
‘‘(a) I N G ENERAL .—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 ensuringPage 121 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3518

1 See References in Text note below. 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) C ONTENT OF G UIDELINES .—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 is

sued 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.)

P RIOR P ROVISIONS

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.

A MENDMENTS

2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘sub

chapter’’ for ‘‘chapter’’ in introductory provisions.

E FFECTIVE D ATE OF 2000 A MENDMENT

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, set out as an Effective Date note under

section 3531 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

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))
undertaken with reference to a category of indi

viduals 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 section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and the Computer Se

curity Act of 1987 (40 U.S.C. 759 note) 1 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.)