§ 3514 TITLE 44—PUBLIC PRINTING AND DOCUMENTS Page 120

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

(2) The Director shall include in any such report a description of the extent to which agencies 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 subchapter and of any rules, guidelines, policies, and procedures issued pursuant to this

subchapter;

(iii) a list of any increase in the collection

of information burden, including the authority 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 statutory responsibilities of those agencies that

precluded that reduction, and recommendations to assist those agencies to reduce information collection burdens in accordance

with that section;

(B) improved the quality and utility of statistical 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 results reported by the agencies and shall not increase 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.)

PRIOR PROVISIONS

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 Director keep Congress fully informed prior to the general amendment of this chapter by Pub. L. 104–13.

AMENDMENTS

2000—Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appearing.

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, set out as an Effective Date note under

section 3531 of this title.

TERMINATION OF REPORTING REQUIREMENTS

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 subsec. (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 services, 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.)

PRIOR PROVISIONS

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.

AMENDMENTS

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

‘‘chapter’’.

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, set out as an Effective Date note under

section 3531 of this title.

§ 3516. Rules and regulations

The Director shall promulgate rules, regulations, 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.)

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’’.

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, set out as an Effective Date note under

section 3531 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 Management and Budget shall, by not later than September

30, 2001, and with public and Federal agency involvement, 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
Page 121 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3518

1See References in Text note below.

and maximizing the quality, objectivity, utility, and

integrity of information (including statistical information) 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 Paperwork 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 information (including statistical information) disseminated by the agency, by not later than 1 year

after the date of issuance of the guidelines under

subsection (a);

‘‘(B) establish administrative mechanisms allowing 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 received 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 management policies, plans, rules, regulations, procedures, and guidelines and in reviewing collections of information, the Director shall provide

interested agencies and persons early and meaningful opportunity to comment.

(b) Any person may request the Director to review any collection of information conducted by

or for an agency to determine, if, under this subchapter, a person shall maintain, provide, or disclose the information to or for the agency. Unless 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 notice of such extension; and

(2) take appropriate remedial action, if necessary.

(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.)

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

AMENDMENTS

2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ in introductory provisions.

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, 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 subchapter, the authority of an agency under any

other law to prescribe policies, rules, regulations, and procedures for Federal information

resources management activities is subject to

the authority of the Director under this subchapter.

(b) Nothing in this subchapter shall be deemed

to affect or reduce the authority of the Secretary of Commerce or the Director of the Office

of Management and Budget pursuant to Reorganization Plan No. 1 of 1977 (as amended) and Executive order, relating to telecommunications

and information policy, procurement and management of telecommunications and information 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 investigation involving an agency against specific individuals 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 activities 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 communications security activities.

(2) This subchapter applies to the collection of

information during the conduct of general investigations (other than information collected in

an antitrust investigation to the extent provided in subparagraph (C) of paragraph (1))

undertaken with reference to a category of individuals or entities such as a class of licensees or

an entire industry.

(d) Nothing in this subchapter shall be interpreted 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 Security 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 interpreted 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 substantive 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.)