Notice2023-21143
Publication Procedures for Federal Register Documents During a Funding Hiatus
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 3, 2023
Issuing agencies
Federal Register Office
Abstract
During an appropriations lapse, the Office of the Federal Register (OFR) is required to publish documents directly related to the performance of governmental functions necessary to address imminent threats to the safety of human life or protection of property and documents related to funded programs if delaying publication until the end of the appropriations lapse would prevent or significantly damage the execution of funded functions at the agency. The OFR is prohibited from publishing other agency documents. Since it would be impracticable for the OFR to make case-by-case determinations as to whether certain documents are directly related to activities that qualify for an exemption under the Antideficiency Act, the OFR places responsibility on agencies submitting documents to certify that their documents are authorized under the Act.
Full Text
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<title>Federal Register, Volume 88 Issue 190 (Tuesday, October 3, 2023)</title>
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[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Page 68157]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21143]
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OFFICE OF THE FEDERAL REGISTER
Publication Procedures for Federal Register Documents During a
Funding Hiatus
AGENCY: Office of the Federal Register.
ACTION: Notice of special procedures.
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SUMMARY: During an appropriations lapse, the Office of the Federal
Register (OFR) is required to publish documents directly related to the
performance of governmental functions necessary to address imminent
threats to the safety of human life or protection of property and
documents related to funded programs if delaying publication until the
end of the appropriations lapse would prevent or significantly damage
the execution of funded functions at the agency. The OFR is prohibited
from publishing other agency documents. Since it would be impracticable
for the OFR to make case-by-case determinations as to whether certain
documents are directly related to activities that qualify for an
exemption under the Antideficiency Act, the OFR places responsibility
on agencies submitting documents to certify that their documents are
authorized under the Act.
FOR FURTHER INFORMATION CONTACT: Miriam Vincent, Acting Director, Legal
Affairs and Policy Division, Office of the Federal Register, National
Archives and Records Administration, (202) 741-6030 or
<a href="/cdn-cgi/l/email-protection#df99babbadbab8f1b3bab8beb39fb1beadbef1b8b0a9"><span class="__cf_email__" data-cfemail="17517273657270397b7270767b577976657639707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Due to the possibility of a lapse in
appropriations and in accordance with the provisions of the
Antideficiency Act, as amended by Public Law 101-508, 104 Stat. 1388
(31 U.S.C. 1341), the OFR announces special procedures for agencies
transmitting documents for publication in the Federal Register.
During an appropriations lapse, the OFR is required to publish
documents directly related to the performance of governmental functions
necessary to address imminent threats to the safety of human life or
protection of property and documents related to funded programs if
delaying publication until the end of the appropriations lapse would
prevent or significantly damage the execution of funded functions at
the agency. The OFR is prohibited from publishing other agency
documents. Since it would be impracticable for the OFR to make case-by-
case determinations as to whether certain documents are directly
related to activities that qualify for an exemption under the
Antideficiency Act, the OFR places responsibility on agencies
transmitting documents for publication to certify that their documents
are authorized under the Act.
During an appropriations lapse affecting one or more Federal
agencies, the OFR remains open to accept and process documents
authorized to be published in the daily Federal Register in the absence
of continuing appropriations. An agency wishing to transmit a document
to the OFR during an appropriations lapse must attach an exception
letter to the document which certifies that publication in the Federal
Register is necessary for one of the following reasons:
Unfunded Agencies or Programs
<bullet> To safeguard human life, protect property, or
<bullet> To provide other emergency services consistent with the
performance of functions and services exempted under the Antideficiency
Act.
Funded Agencies or Programs
<bullet> Because delaying publication until the end of the
appropriations lapse would prevent or significantly damage the
execution of funded functions at the agency.
Under the August 16, 1995 opinion of the Office of Legal Counsel of
the Department of Justice (OLC), Government Operations in the Event of
a Lapse in Appropriations, exempt functions and services would include
activities such as those related to the constitutional duties of the
President, food and drug inspection, air traffic control, responses to
natural or manmade disasters, law enforcement and supervision of
financial markets. Documents related to normal or routine activities of
Federal agencies, even if funded under prior year appropriations, will
not be published.
In another opinion issued on December 13, 1995, Effect of
Appropriations for Other Agencies and Branches on the Authority to
Continue Department of Justice Functions During the Lapse in the
Department's Appropriations, the OLC found that the necessary-
implication exception allowed unfunded agencies to provide support to
funded agencies or programs under certain conditions. Based on OLC
interpretation of the December 13, 1995 opinion, as this applies to the
OFR, if an agency with current appropriations submits a document for
publication and certifies that delaying publication until the end of
the appropriations lapse would prevent or significantly damage the
execution of funded functions at the agency, then publication in the
Federal Register would be a function or service excepted under the
Antideficiency Act.
At the onset of an appropriations lapse, the OFR may suspend the
regular three-day publication schedule to permit a limited number of
exempt personnel to process excepted documents. Agency officials will
be informed as to the schedule for filing and publishing individual
documents.
OFR has posted frequently asked questions and excepted letter
templates on the following website, which will be updated as necessary:
<a href="http://www.archives.gov/federal-register/agencies/shutdown-faqs">www.archives.gov/federal-register/agencies/shutdown-faqs</a>.
Authority: The authority for this action is 44 U.S.C. 1502 and 1
CFR 2.4 and 5.1.
Oliver A. Potts,
Director of the Federal Register.
[FR Doc. 2023-21143 Filed 9-29-23; 8:45 am]
BILLING CODE 0099-10-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.