HR 9592 — Federal Register Modernization Act of 2024

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

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TITLE 44--PUBLIC PRINTING AND DOCUMENTS

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CHAPTER 15--FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS

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Table of sections
Sec.
1501. * * *
[1502. Custody and printing of Federal documents; appointment of 
 Director.]
1502. Custody and publishing of Federal documents; appointment of 
 Director.
[1503. Filing documents with Office; notation of time, public 
 inspection; transmission for printing.]
1503. Filing documents with Office; notation of time, public 
 inspection; transmission for publishing.
[1504. ``Federal Register''; printing; contents; distribution; price.]
1504. ``Federal Register''; publishing; contents; distribution; price; 
 physical copies.
1505. * * *
1506. * * *
1507. * * *
1508. * * *
1509. * * *
1510. * * *

SEC. 1501. DEFINITIONS.

 As used in this chapter, unless the context otherwise 
requires--``document'' means a Presidential proclamation or 
Executive order and an order, regulation, rule, certificate, 
code of fair competition, license, notice, or similar 
instrument, issued, prescribed, or promulgated by a Federal 
agency;
 ``Federal agency'' or ``agency'' means the President of the 
United States, or an executive department, independent board, 
establishment, bureau, agency, institution, commission, or 
separate office of the administrative branch of the Government 
of the United States but not the legislative or judicial 
branches of the Government;
 ``person'' means an individual, partnership, association, 
or corporation [; and]
 ``publish'' means to circulate for sale or distribution to 
the public, as determined by the Administrative Committee of 
the Federal Register; and
 ``National Archives of the United States'' has the same 
meaning as in section 2901(11) of this title.

SEC. 1502. CUSTODY AND [PRINTING] PUBLISHING; APPOINTMENT OF DIRECTOR.

 The Archivist of the United States, acting through the 
Office of the Federal Register, is charged with the custody 
and, together with the Director of the Government Publishing 
Office, with the prompt and uniform [printing and distribution] 
publishing of the documents required or authorized to be 
published by section 1505 of this title. There shall be at the 
head of the Office a director, appointed by, and who shall act 
under the general direction of, the Archivist of the United 
States in carrying out this chapter and the regulations 
prescribed under it.

[SEC. 1503. FILING DOCUMENTS WITH OFFICE; NOTATION OF TIME; PUBLIC 
 INSPECTION; TRANSMISSION FOR PUBLISHING].

 [The original and two duplicate originals or certified 
copies of a document required or authorized to be published by 
section 1505 of this title shall be filed with the Office of 
the Federal Register, which shall be open for that purpose 
during all hours of the working days when the National Archives 
Building is open for official business The Archivist of the 
United States shall cause to be noted on the original and 
duplicate originals or certified copies of each document the 
day and hour of filing. When the original is issued, 
prescribed, or promulgated outside the District of Columbia, 
and certified copies are filed before the filing of the 
original, the notation shall be of the day and hour of filing 
of the certified copies. Upon filing, at least one copy shall 
be immediately available for public inspection in the Office. 
The original shall be retained by the National Archives and 
Records Administration and shall be available for inspection 
under regulations prescribed by the Archivist, unless such 
original is disposed of in accordance with disposal schedules 
submitted by the Administrative Committee of the Federal 
Register and authorized by the Archivist pursuant to 
regulations issued under chapter 33 of this title; however, 
originals of proclamations of the President and Executive 
orders shall be permanently retained by the Administration as 
part of the National Archives of the United States. The Office 
shall transmit immediately to the Government Publishing Office 
for printing, as provided by this chapter, one duplicate 
original or certified copy of each document required or 
authorized to be published by section 1505 of this title. Every 
Federal agency shall cause to be transmitted for filing the 
original and the duplicate originals or certified copies of all 
such documents issued, prescribed, or promulgated by the 
agency.]

SEC. 1503. FILING DOCUMENTS WITH OFFICE; NOTATION OF TIME; PUBLIC 
 INSPECTION; TRANSMISSION FOR PUBLISHING.

 The original document required or authorized to be 
published by section 1505 shall be filed with the Office of the 
Federal for publication at times established by the 
Administrative Committee of the Federal Register by regulation. 
The Archivist of the United States shall cause to be noted on 
the original of each document the day and hour of filing. Upon 
filing, the document shall be immediately available for public 
inspection. The original shall be retained by the National 
Archives and Records Administration and shall be available for 
inspection under regulations prescribed by the Archivist, 
unless such original is disposed of in accordance with disposal 
schedules submitted by the Administrative Committee and 
authorized by the Archivist pursuant to regulations issued 
under chapter 33; however, originals of proclamations of the 
President and Executive orders shall be permanently retained by 
the Administration as part of the National Archives of the 
United States. The Office shall transmit to the Government 
Publishing Office, as provided by this chapter, each document 
required or authorized to be published by section 1505. Every 
Federal agency shall cause to be transmitted for filing the 
original of all such documents issued, prescribed, or 
promulgated by the agency.

[SEC. 1504. ``FEDERAL REGISTER''; PUBLISHING; CONTENTS; DISTRIBUTION; 
 PRICE].

 [Documents required or authorized to be published by 
section 1505 of this title shall be printed and distributed 
immediately by the Government Publishing Office in a serial 
publication designated the ``Federal Register.'' The Director 
of the Government Publishing Office shall make available the 
facilities of the Government Publishing Office for the prompt 
printing and distribution of the Federal Register in the manner 
and at the times required by this chapter and the regulations 
prescribed under it. The contents of the daily issues shall be 
indexed and shall comprise all documents, required or 
authorized to be published, filed with the Office of the 
Federal Register up to the time of the day immediately 
preceding the day of distribution fixed by regulations under 
this chapter. There shall be printed with each document a copy 
of the notation, required to be made by section 1503 of this 
title, of the day and hour when, upon filing with the Office, 
the document was made available for public inspection. 
Distribution shall be made by delivery or by deposit at a post 
office at a time in the morning of the day of distribution 
fixed by regulations prescribed under this chapter. The prices 
to be charged for the Federal Register may be fixed by the 
Administrative Committee of the Federal Register established by 
section 1506 of this title without reference to the 
restrictions placed upon and fixed for the sale of Government 
publications by sections 1705 and 1708 of this title.]

SEC. 1504. ``FEDERAL REGISTER''; PUBLISHING; CONTENTS; DISTRIBUTION; 
 PRICE.

 Documents required or authorized to be published by section 
1505 shall be published immediately by the Government 
Publishing Office in a serial publication designated the 
``Federal Register.'' The Director of the Government Publishing 
Office shall make available the facilities of the Government 
Publishing Office for the prompt publication of the Federal 
Register in the manner and at the times required by this 
chapter and the regulations prescribed under it. The contents 
of the daily issues shall constitute all documents, required or 
authorized to be published, filed with the Office of the 
Federal Register up to the time of the day immediately 
preceding the day of publication fixed by regulations under 
this chapter. There shall be published with each document a 
copy of the notation, required to be made by section 1503, of 
the day and hour when, upon filing with the Office, the 
document was made available for public inspection. Distribution 
shall be made at a time in the morning of the day of 
distribution fixed by regulations prescribed under this 
chapter. The prices to be charged for the Federal Register may 
be fixed by the Administrative Committee of the Federal 
Register established by section 1506 without reference to the 
restrictions placed upon and fixed for the sale of Government 
publications by sections 1705 and 1708. The Government 
Publishing Office shall print at least two physical copies of 
each published Federal Register issue. Of those, not less than 
two copies shall be stored, each in a separate facility, to 
ensure the preservation of the Federal Register for the 
purposes of continuity of government.''

SEC. 1505. DOCUMENTS TO BE PUBLISHED IN FEDERAL REGISTER.

 (a) * * *
 (b) Documents Authorized To Be Published by Regulations; 
[Comments] News Commentary and News Items Excluded.--In 
addition to the foregoing there shall also be published in the 
Federal Register other documents or classes of documents 
authorized to be published by regulations prescribed under this 
chapter with the approval of the President, but [comments] news 
commentary or news items of any character may not be published 
in the Federal Register.
 (c) Alternative Publication.--In a continuity of operations 
event in which the Government Publishing Office does not 
fulfill the publication requirements of this chapter, the 
Office of the Federal Register may establish a website to 
publish the Federal Register until such time that the 
Government Publishing Office resumes publication.
 [(c)] (d) Suspension of Requirements for Filing of 
Documents; Alternate Systems for Promulgating, Filing, or 
Publishing Documents; Preservation of Originals.--In the event 
of an attack or threatened attack upon the continental United 
States and a determination by the President that as a result of 
an attack or threatened attack--
 (1) publication of the Federal Register or filing of 
 documents with the Office of the Federal Register is 
 impracticable, or
 (2) under existing conditions publication in the 
 Federal Register would not serve to give appropriate 
 notice to the public of the contents of documents, the 
 President may, without regard to any other provision of 
 law, suspend all or part of the requirements of law or 
 regulation for filing with the Office or publication in 
 the Federal Register of documents or classes of 
 documents.
 The suspensions shall remain in effect until revoked by the 
President, or by concurrent resolution of the Congress. The 
President shall establish alternate systems for promulgating, 
filing, or publishing documents or classes of documents 
affected by such suspensions, including requirements relating 
to their effectiveness or validity, that may be considered 
under the then existing circumstances practicable to provide 
public notice of the issuance and of the contents of the 
documents. The alternate systems may, without limitation, 
provide for the use of regional or specialized publications or 
depositories for documents, or of the press, the radio, 
telecommunications, the Internet, or similar mediums of general 
communication. Compliance with alternate systems of filing or 
publication shall have the same effect as filing with the 
Office or publication in the Federal Register under this 
chapter or other law or regulation. With respect to documents 
promulgated under alternate systems, each agency shall preserve 
the original [and two duplicate originals or two certified 
copies] document for filing with the Office when the President 
determines that it is practicable.

SEC. 1506. ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER; 
 ESTABLISHMENT AND COMPOSITION; POWERS AND DUTIES.

 [(a) Composition; Duties.--The Administrative Committee of 
the Federal Register shall consist of the Archivist of the 
United States or Acting Archivist, who shall be chairman, an 
officer of the Department of Justice designated by the Attorney 
General, and the Director of the Government Publishing Office 
or Acting Director of the Government Publishing Office. The 
Director of the Federal Register shall act as secretary of the 
committee. The committee shall prescribe, with the approval of 
the President, regulations for carrying out this chapter. The 
regulations shall provide, among other things--]
 [(1) the manner of certification of copies required 
 to be certified under section 1503 of this title, which 
 certification may be permitted to be based upon 
 confirmed communications from outside the District of 
 Columbia;]
 [(2) the documents which shall be authorized under 
 section 1505(b) of this title to be published in the 
 Federal Register;]
 [(3) the manner and form in which the Federal 
 Register shall be printed, reprinted, and compiled, 
 indexed, bound, and distributed;]
 [(4) subject to subsection (b), the number of copies 
 of the Federal Register, which shall be printed, 
 reprinted, and compiled, the number which shall be 
 distributed without charge to Members of Congress, 
 officers and employees of the United States, or Federal 
 agency, for official use, and the number which shall be 
 available for distribution to the public; and]
 [(5) the prices to be charged for individual copies 
 of, and subscriptions to, the Federal Register and 
 reprints and bound volumes of it.]
 [(6) the manner and form by which the Federal 
 Register may receive information and comments from the 
 public, if practicable and efficient; and]
 [(7) special editions of the Federal Register.]
 (a) Composition; Duties.--The Administrative Committee of 
the Federal Register shall consist of the Archivist of the 
United States or Acting Archivist, who shall chair the 
committee, an officer of the Department of Justice designated 
by the Attorney General, and the Director of the Government 
Publishing Office or Acting Director of the Government 
Publishing Office. The Director of the Federal Register shall 
act as secretary of the committee. The committee shall 
prescribe, with the approval of the President or their 
designee, regulations for carrying out this chapter. The 
regulations shall provide, among other things--
 (1) the documents which shall be authorized under 
 section 1505(b) to be published in the Federal 
 Register;
 (2) the manner and form in which the Federal Register 
 shall be published;
 (3) the manner and form in which agencies submit 
 documents for publication in the Federal Register and 
 special editions of the Federal Register;
 (4) subject to subsection (b), the manner of 
 distribution to Members of Congress, officers and 
 employees of the United States, or Federal agency, for 
 official use, and the number which shall be available 
 for distribution to the public;
 (5) the prices to be charged for individual copies 
 of, and subscriptions to, the Federal Register and any 
 reprints and bound volumes of it;
 (6) the manner and form by which the Federal Register 
 may receive information and comments from the public, 
 if practicable and efficient; and
 (7) special editions of the Federal Register.

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SEC. 1507. FILING DOCUMENT AS CONSTRUCTIVE NOTICE; PUBLICATION IN 
 FEDERAL REGISTER AS PRESUMPTION OF VALIDITY; 
 JUDICIAL NOTICE; CITATION.

 A document required by section 1505(a) of this title to be 
published in the Federal Register is not valid as against a 
person who has not had actual knowledge of it until [the 
duplicate originals or certified copies of the document have] 
the document has been filed with the Office of the Federal 
Register and a copy made available for public inspection as 
provided by section 1503 of this title. Unless otherwise 
specifically provided by statute, filing of a document, 
required or authorized to be published by section 1505 of this 
title, except in cases where notice by publication is 
insufficient in law, is sufficient to give notice of the 
contents of the document to a person subject to or affected by 
it. The publication in the Federal Register of a document 
creates a rebuttable presumption--
 (1) that it was duly issued, prescribed, or 
 promulgated;
 (2) that it was filed with the Office of the Federal 
 Register and made available for public inspection at 
 the day and hour stated in the [printed] published 
 notation;
 (3) * * *
 (4) * * *

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SEC. 1509. COSTS OF PUBLICATION, ETC.

 (a) The cost of [printing, reprinting, wrapping, binding, 
and distributing] publishing the Federal Register and the Code 
of Federal Regulations, and, except as provided in subsection 
(b), other expenses incurred by the Government Publishing 
Office in carrying out the duties placed upon it by this 
chapter shall be charged to the revolving fund provided in 
section 309. Reimbursements for such costs and expenses shall 
be made by the Federal agencies and credited, together with all 
receipts, as provided in section 309(b).
 (b) The cost of [printing, reprinting, wrapping, binding, 
and distributing] publishing all other publications of the 
Federal Register program, and other expenses incurred by the 
Government Publishing Office in connection with such 
publications, shall be borne by the appropriations to the 
Government Publishing Office and the appropriations are made 
available, and are authorized to be increased by additional 
sums necessary for the purposes, the increases to be based upon 
estimates submitted by the Director of the Government 
Publishing Office.

[SEC. 1510. CODE OF FEDERAL REGULATIONS.]

 [(a) The Administrative Committee of the Federal Register, 
with the approval of the President, may require, from time to 
time as it considers necessary, the preparation and publication 
in special or supplemental editions of the Federal Register of 
complete codifications of the documents of each agency of the 
Government having general applicability and legal effect, 
issued or promulgated by the agency by publication in the 
Federal Register or by filing with the Administrative 
Committee, and are relied upon by the agency as authority for, 
or are invoked or used by it in the discharge of, its 
activities or functions, and are in effect as to facts arising 
on or after dates specified by the Administrative Committee.]
 [(b) A codification published under subsection (a) of this 
section shall be printed and bound in permanent form and shall 
be designated as the ``Code of Federal Regulations.'' The 
Administrative Committee shall regulate the binding of the 
printed codifications into separate books with a view to 
practical usefulness and economical manufacture. Each book 
shall contain an explanation of its coverage and other aids to 
users that the Administrative Committee may require. A general 
index to the entire Code of Federal Regulations shall be 
separately printed and bound.]
 [(c) The Administrative Committee shall regulate the 
supplementation and the collation and republication of the 
printed codifications with a view to keeping the Code of 
Federal Regulations as current as practicable. Each book shall 
be either supplemented or collated and republished at least 
once each calendar year.]
 [(d) The Office of the Federal Register shall prepare and 
publish the codifications, supplements, collations, and indexes 
authorized by this section.]
 [(e) The codified documents of the several agencies 
published in the supplemental edition of the Federal Register 
under this section, as amended by documents subsequently filed 
with the Office and published in the daily issues of the 
Federal Register shall be prima facie evidence of the text of 
the documents and of the fact that they are in effect on and 
after the date of publication.]
 [(f) The Administrative Committee shall prescribe, with the 
approval of the President, regulations for carrying out this 
section.]
 [(g) This section does not require codification of the text 
of Presidential documents published and periodically compiled 
in supplements to Title 3 of the Code of Federal Regulations.]

SEC. 1510. CODE OF FEDERAL REGULATIONS.

 (a) Special Edition for Codification of Agency Documents.--
The Administrative Committee of the Federal Register, with the 
approval of the President or their designee, may require, from 
time to time as it considers necessary, the preparation and 
publication in a special edition of the Federal Register a 
complete codification of the documents of each agency of the 
Government having general applicability and legal effect, 
issued or promulgated by the agency by publication in the 
Federal Register or by filing with the Administrative 
Committee, and which are relied upon by the agency as authority 
for, or are invoked or used by it in the discharge of, its 
activities or functions, and are in effect as to facts arising 
on or after dates specified by the Administrative Committee.
 (b) Code of Federal Regulations.--A codification prepared 
under subsection (a) of this section shall be published and 
shall be designated as the ``Code of Federal Regulations''. The 
Administrative Committee shall regulate the manner and forms of 
publishing this codification.
 (c) Supplementation, Collation, and Republication.--The 
Administrative Committee shall regulate the supplementation and 
the collation and republication of the codification with a view 
to keeping the Code of Federal Regulations as current as 
practicable. Each unit of codification shall be supplemented 
and republished at least once each calendar year. The Office of 
the Federal Register may create updates of each unit of 
codification from time to time and make the same available 
electronically or may provide public access using an electronic 
edition that allows a user to select a specific date and 
retrieve the version of the codification in effect as of that 
date.
 (d) Preparation and Publication by the Federal Register.-- 
The Office of the Federal Register shall prepare and publish 
the codifications, supplements, collations, indices, and user 
aids authorized by this section.
 (e) Prima Facie Evidence.--The codified documents of the 
several agencies published in the Code of Federal Regulations 
under this section, as amended by documents subsequently filed 
with the Office and published in the daily issues of the 
Federal Register, shall be prima facie evidence of the text of 
the documents and of the fact that they are in effect on and 
after the date of publication.
 (f) Regulations.--The Administrative Committee, with the 
approval of the President, shall issue regulations for carrying 
out this section.
 (g) Exception.--This section does not require codification 
of the text of Presidential documents published and 
periodically compiled in supplements to Title 3 of the Code of 
Federal Regulations.

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