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<title>USC diff of title44 chap35 subchap Isec3518 for S1088</title>
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44 U.S.C.
United States Code, 2015 Edition
Title 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
Sec. 3518 - Effect on existing laws and regulations
From the U.S. Government Publishing Office, www.gpo.gov
<http://www.gpo.gov/>


      §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;<span id="s1088">

(C) by compulsory process pursuant to the Antitrust Civil Process Act
and section 13 of the Federal Trade Commission Improvements Act of 1980; <del>or</del>

(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<del>.</del><span class="new">; and

(E) by an agency that is voluntary feedback.</span></span>

(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
<#3518_1_target> 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.)


        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, Telecommunications.

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 (§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 3001 of Title 50, War and National Defense.

Section 11332 of title 40, referred to in subsec. (d), was repealed by
Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272,
and Pub. L. 107–347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960.


        Prior Provisions

A prior section 3518, added Pub. L. 96–511, §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

*2002*—Subsec. (d). Pub. L. 107–217 substituted "sections 11331 and
11332 of title 40" for "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)".

*2000*—Pub. L. 106–398 substituted "subchapter" for "chapter" wherever
appearing.

*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 2000 Amendment

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


        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, Feb. 10, 1996, 110 Stat. 702.

^1  See References in Text note below. <#3518_1>
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	<title>USC diff of title44 chap35 subchap Isec3518 for S1088</title>
	</head>
	<pre>
	44 U.S.C.
	United States Code, 2015 Edition
	Title 44 - PUBLIC PRINTING AND DOCUMENTS
	CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
	SUBCHAPTER I - FEDERAL INFORMATION POLICY
	Sec. 3518 - Effect on existing laws and regulations
	From the U.S. Government Publishing Office, www.gpo.gov
	<http://www.gpo.gov/>


	§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;<span id="s1088">

	(C) by compulsory process pursuant to the Antitrust Civil Process Act
	and section 13 of the Federal Trade Commission Improvements Act of 1980; <del>or</del>

	(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<del>.</del><span class="new">; and

	(E) by an agency that is voluntary feedback.</span></span>

	(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
	<#3518_1_target> 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.)


	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, Telecommunications.

	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 (§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 3001 of Title 50, War and National Defense.

	Section 11332 of title 40, referred to in subsec. (d), was repealed by
	Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272,
	and Pub. L. 107–347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960.


	Prior Provisions

	A prior section 3518, added Pub. L. 96–511, §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

	2002—Subsec. (d). Pub. L. 107–217 substituted "sections 11331 and
	11332 of title 40" for "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)".

	2000—Pub. L. 106–398 substituted "subchapter" for "chapter" wherever
	appearing.

	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 2000 Amendment

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


	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, Feb. 10, 1996, 110 Stat. 702.

	^1 See References in Text note below. <#3518_1>
	</pre>