44 USC 3518 - Effect on existing laws and regulations

U.S Code last checked for updates: Feb 22, 2025

§ 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 sections 11331 and 11332 1

 See References in Text note below.

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.

(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; Pub. L. 107–217, § 3(l)(7), Aug. 21, 2002, 116 Stat. 1302.)

cite as: 44 USC 3518