‘‘(B) the reasons such comments were rejected.
‘‘(3) If the Director has received notice and failed to
comment on an agency rule within 60 days after the notice
of proposed rulemaking, the Director may not disapprove
any collection of information specifically contained in an
agency rule.
‘‘(4) No provision in this section shall be construed
to prevent the Director, in the Director’s discretion—
‘‘(A) from disapproving any collection of infor-
mation which was not specifically required by an
agency rule;
‘‘(B) from disapproving any collection of infor-
mation contained in an agency rule, if the agency
failed to comply with the requirements of paragraph
(1) of this subsection;
‘‘(C) from disapproving any collection of infor-
mation contained in a final agency rule, if the Direc-
tor finds within 60 days after the publication of the
final rule, and after considering the agency’s re-
sponse to the Director’s comments filed under para-
graph (2), that the collection of information cannot
be approved under the standards set forth in section
3508; or
‘‘(D) from disapproving any collection of infor-
mation contained in a final rule, if—
‘‘(i) the Director determines that the agen-
cy has substantially modified in the final rule
the collection of information contained in the
proposed rule; and
‘‘(ii) the agency has not given the Director
the information required under paragraph (1)
with respect to the modified collection of infor-
mation, at least 60 days before the issuance of
the final rule.
‘‘(5) This subsection shall apply only when an agency
publishes a notice of proposed rulemaking and requests
public comments.
‘‘(6) The decision by the Director to approve or not
act upon a collection of information contained in an agen-
cy rule shall not be subject to judicial review.
‘‘(e)(1) Any decision by the Director under subsection
(c), (d), (h), or (j) to disapprove a collection of informa-
tion, or to instruct the agency to make substantive or ma-
terial change to a collection of information, shall be pub-
licly available and include an explanation of the reasons
for such decision.
‘‘(2) Any written communication between the Admin-
istrator of the Office of Information and Regulatory Af-
fairs, or any employee of the Office of Information and
Regulatory Affairs, and an agency or person not employed
by the Federal Government concerning a proposed collec-
tion of information shall be made available to the public.
‘‘(3) This subsection shall not require the disclosure
of—
‘‘(A) any information which is protected at all
times by procedures established for information
which has been specifically authorized under criteria
established by an Executive order or an Act of Con-
gress to be kept secret in the interest of national
defense or foreign policy; or
‘‘(B) any communication relating to a collection
of information, the disclosure of which could lead to
retaliation or discrimination against the communica-
tor.
‘‘(f)(1) An independent regulatory agency which is
administered by 2 or more members of a commission,
board, or similar body, may by majority vote void—
‘‘(A) any disapproval by the Director, in whole
or in part, of a proposed collection of information
that agency; or
‘‘(B) an exercise of authority under subsection
(d) of section 3507 concerning that agency.
‘‘(2) The agency shall certify each vote to void such
disapproval or exercise to the Director, and explain the
reasons for such vote. The Director shall without further
delay assign a control number to such collection of infor-
mation, and such vote to void the disapproval or exercise
shall be valid for a period of 3 years.
‘‘(g) The Director may not approve a collection of in-
formation for a period in excess of 3 years.
‘‘(h)(1) If an agency decides to seek extension of the
Director’s approval granted for a currently approved col-
lection of information, the agency shall—
‘‘(A) conduct the review established under sec-
tion 3506(c), including the seeking of comment from
the public on the continued need for, and burden im-
posed by the collection of information; and
‘‘(B) after having made a reasonable effort to
seek public comment, but no later than 60 days be-
fore the expiration date of the control number as-
signed by the Director for the currently approved
collection of information, submit the collection of in-
formation for review and approval under this sec-
tion, which shall include an explanation of how the
agency has used the information that it has col-
lected.
‘‘(2) If under the provisions of this section, the Direc-
tor disapproves a collection of information contained in an
existing rule, or recommends or instructs the agency to
make a substantive or material change to a collection of