
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1064(b)]]
[CITE: 44USC3518]

 
                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS
 
         CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
 
Sec. 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 information 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 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 chapter 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 chapter 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 chapter 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.
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    \1\ See References in Text note below.
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    (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.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 183; amended Pub. 
L. 104-106, div. E, title LI, Sec. 5131(e)(2), Feb. 10, 1996, 110 Stat. 
688; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(C), Nov. 18, 1997, 
111 Stat. 1907.)

                       References in Text

    Reorganization Plan No. 1 of 1977, referred to in subsec. (b), is 
set out in the Appendix to Title 5, Government 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, Telegraphs, Telephones, and 
Radiotelegraphs.
    The Antitrust Civil Process Act, referred to in subsec. (c)(1)(C), 
is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is 
classified generally to chapter 34 (Sec. 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 Improvements 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 401 of Title 50, War and National Defense.
    The Computer Security Act of 1987, referred to in subsec. (d), is 
Pub. L. 100-235, Jan. 8, 1988, 101 Stat. 1724, which enacted sections 
278g-3 and 278g-4 of Title 15, Commerce and Trade, amended section 272 
of Title 15 and former section 759 of Title 40, Public Buildings, 
Property, and Works, and enacted provisions set out as notes under 
section 271 of Title 15 and section 1441 of Title 40. For complete 
classification of this Act to the Code, see Tables.
    The civil rights laws, referred to in subsec. (e), are classified 
generally to chapter 21 (Sec. 1981 et seq.) of Title 42, The Public 
Health and Welfare.


                            Prior Provisions

    A prior section 3518, added Pub. L. 96-511, Sec. 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

    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 Reform 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''.


                    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, set out as an Effective Date note 
under section 1401 of Title 40, Public Buildings, Property, and Works.

                  Section Referred to in Other Sections

    This section is referred to in section 3502 of this title; title 5 
section 601.
