‘‘(D) improved program performance and the
accomplishment of agency missions through informa-
tion 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 infor-
mation burden on persons outside the Federal Govern-
ment.
‘‘§ 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 chapter.
‘‘§ 3516. Rules and regulations
‘‘The Director shall promulgate rules, regulations, or
procedures necessary to exercise the authority provided by
this chapter.
‘‘§ 3517. Consultation with other agencies and the
public
‘‘(a) In developing information resources manage-
ment 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 agen-
cy to determine, if, under this chapter, the 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 collec-
tion of information—
‘‘(1) respond to the request within 60 days
after receiving the request, unless such period is ex-
tended by the Director to a specified date and the
person making the request is given notice of such ex-
tension; and
‘‘(2) take appropriate remedial action, if nec-
essary.
‘‘§ 3518. Effect on existing laws and regulations
‘‘(a) Except as otherwise provided in this chapter, the
authority of an agency under any other law to prescribe
policies, rules, regulations, and procedures for Federal in-
formation resources management activities is subject to
the authority of the Director under this chapter.
‘‘(b) Nothing in this chapter shall be deemed to affect
or reduce the authority of the Secretary of Commerce or
the Director of the Office of Management and Budget pur-
suant to Reorganization Plan No. 1 of 1977 (as amended)
and Executive order, relating to telecommunications and
information policy, procurement and management of tele-
communications and information systems, spectrum use,
and related matters.
‘‘(c)(1) Except as provided in paragraph (2), this
chapter shall not apply to obtaining, causing to be ob-
tained, soliciting, or requiring the disclosure to third par-
ties or the public, of facts or opinions—
‘‘(A) during the conduct of a Federal criminal
investigation or prosecution, or during the disposi-
tion 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 indi-
viduals 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 4–206 of Executive Order
No. 12036, issued January 24, 1978, or successor
orders, or during the conduct of cryptologic activities
that are communications security activities.
‘‘(2) This chapter applies to obtaining, causing to be
obtained, soliciting, or requiring the disclosure to third
parties or the public, of facts or opinions during the con-
duct of general investigations (other than information col-
lected 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 chapter shall be interpreted as
increasing or decreasing the authority conferred by Public
Law 89–306 on the Administrator of the General Services
Administration, the Secretary of Commerce, or the Direc-
tor of the Office of Management and Budget.
‘‘(e) Nothing in this chapter 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.
‘‘(f) Notwithstanding any other provision of this
chapter or any other law—