The provisions of the Paperwork Reduction Act of 1980 giving the Office of Management and Budget authority to review and approve agency “information collection requests” do not apply to reporting and recordkeeping requirements contained in agency regulations which came into existence prior to the effective date of the 1980 Act. However, new regulations containing reporting or recordkeeping requirements must be developed in accordance with the procedures set forth in 44 U S.C. § 3504(h).
Section 3504(h) provides the exclusive procedure for OMB review and possible disapproval of information collection requirements contained in or specifically required by agency regulations; the more stringent procedures for OMB review set forth in 44 U.S C. §§ 3504(c) and 3507 apply only to agency information collection requests issued pursuant to or deriving from regulations.
The language and history of other provisions of the Paperwork Reduction Act, as well as its general scheme, support the conclusion that OMB has no authority under either § 3504(h) or § 3507 to review and disapprove existing agency regulations. Nonetheless, OMB is given substantial authority over existing regulations by other provisions of the Act, including § 3504(b).