Notice2025-04015
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
March 13, 2025
Issuing agencies
Federal Register Office
Abstract
During an appropriations lapse, the Office of the Federal Register (OFR) publishes 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 may publish 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 by law from publishing any other agency documents. The OFR does not make case-by-case determinations as to whether certain documents are directly related to activities that qualify for an exemption under the Antideficiency Act. It is the responsibility of the agency submitting a document for publication to provide justification and certify that the document is authorized under the Antideficiency Act.
Full Text
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<title>Federal Register, Volume 90 Issue 48 (Thursday, March 13, 2025)</title>
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[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11999-12000]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04015]
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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) publishes 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 may publish
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
by law from publishing any other agency documents. The OFR does not
make case-by-case determinations as to whether certain documents are
directly related to activities that qualify for an exemption under the
Antideficiency Act. It is the responsibility of the agency submitting a
document for publication to provide justification and certify that the
document is authorized under the Antideficiency Act.
FOR FURTHER INFORMATION CONTACT: Liza Davis, Director of Legal Affairs
and Policy, or Miriam Vincent, Senior Staff Attorney, Office of the
Federal Register, National Archives and Records Administration, (202)
741-6030 or <a href="/cdn-cgi/l/email-protection#c583a0a1b7a0a2eba9a0a2a4a985aba4b7a4eba2aab3"><span class="__cf_email__" data-cfemail="0e486b6a7c6b6920626b696f624e606f7c6f20696178">[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, Public Law 97-258, as amended (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 publishes 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 may publish 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 by law from publishing any other
agency documents. The OFR does not make case-by-case determinations as
to whether certain documents are directly related to activities that
qualify for an exemption under the Antideficiency Act. It is the
responsibility of the agency submitting a document for publication to
provide justification and certify that the document is authorized under
the Antideficiency 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 provides justification and 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.
The OFR may be able to accept documents transmitted for publication
if delaying publication would 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
[[Page 12000]]
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 3-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. 2025-04015 Filed 3-12-25; 8:45 am]
BILLING CODE 0099-10-P
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</html>Indexed from Federal Register on March 13, 2025.
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.