44 U.S.C. § 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)

December 4, 1981 during the conduct of intelligence activities as defined in section 3.4(e) of Executive Order No. 12333, issued , 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)

1 See References in Text note below.

Nothing in this subchapter shall be interpreted as increasing or decreasing the authority conferred by sections 11331 and 11332  of title 40 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.

Pub. L. 104–13, § 2May 22, 1995109 Stat. 183 Pub. L. 104–106, div. E, title LI, § 5131(e)(2)Feb. 10, 1996110 Stat. 688 Pub. L. 105–85, div. A, title X, § 1073(h)(5)(C)Nov. 18, 1997111 Stat. 1907 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–217, § 3lAug. 21, 2002116 Stat. 1302(Added , , ; amended , , ; , , ; , title X, § 1064(b)], , , 1654A–275; ()(7), , .)

Editorial Notes

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.

Mar. 27, 1978section 305 of Title 47Executive order, referred to in subsec. (b), probably means Ex. Ord. No. 12046, , 43 F.R. 13349, which is set out as a note under , Telecommunications.

Pub. L. 87–664Sept. 19, 196276 Stat. 548 section 1311 of Title 15The Antitrust Civil Process Act, referred to in subsec. (c)(1)(C), is , , , which is classified principally to chapter 34 (§ 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 and Tables.

section 57b–1 of Title 15Section 13 of the Federal Trade Commission Improvements Act of 1980, referred to in subsec. (c)(1)(C), is classified to .

Dec. 4, 1981section 3001 of Title 50Executive Order No. 12333, referred to in subsec. (c)(1)(D), is Ex. Ord. No. 12333, , 46 F.R. 59941, which is set out as a note under , War and National Defense.

Section 11332 of title 40 Pub. L. 107–296, title X, § 1005(a)(1)Nov. 25, 2002116 Stat. 2272 Pub. L. 107–347, title III, § 305(a)Dec. 17, 2002116 Stat. 2960, referred to in subsec. (d), was repealed by , , , and , , .

Prior Provisions

Pub. L. 96–511, § 2(a)Dec. 11, 198094 Stat. 2824 Pub. L. 104–13A prior section 3518, added , , , related to the effect on existing laws and regulations prior to the general amendment of this chapter by .

Amendments

Pub. L. 107–217 40 U.S.C. 1441 40 U.S.C. 7592002—Subsec. (d). substituted “sections 11331 and 11332 of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 () and the Computer Security Act of 1987 ( note)”.

Pub. L. 106–3982000— substituted “subchapter” for “chapter” wherever appearing.

Pub. L. 105–85 40 U.S.C. 14411997—Subsec. (d). substituted “Clinger-Cohen Act of 1996 ()” for “Information Technology Management Reform Act of 1996”.

Pub. L. 104–106 40 U.S.C. 759 Public Law 89–3061996—Subsec. (d). substituted “section 5131 of the Information Technology Management Reform Act of 1996 and the Computer Security Act of 1987 ( note) on the Secretary of Commerce or” for “ on the Administrator of the General Services Administration, the Secretary of Commerce, or”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–398Oct. 30, 2000Pub. L. 106–398Oct. 30, 2000114 Stat. 1654 section 3531 of this titleAmendment by effective 30 days after , see section 1 [[div. A], title X, § 1065] of , , , formerly set out as an Effective Date note under former .

Effective Date of 1996 Amendment

Pub. L. 104–106Feb. 10, 1996section 5701 of Pub. L. 104–106Feb. 10, 1996110 Stat. 702Amendment by effective 180 days after , see , , .

Effective Date

Oct. 1, 1995section 4(a) of Pub. L. 104–13 section 3501 of this titleSection effective , except as otherwise provided, see , set out as a note under .