[House Report 113-515]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-515
======================================================================
FEDERAL REGISTER MODERNIZATION ACT
_______
July 3, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 4195]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4195) to amend chapter 15 of title
44, United States Code (commonly known as the Federal Register
Act), to modernize the Federal Register, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 3
Application of Law to the Legislative Branch..................... 3
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 3
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandate Statement....................................... 4
Earmark Identification........................................... 4
Committee Estimate............................................... 4
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill as Reported............. 6
Committee Statement and Views
PURPOSE AND SUMMARY
The Federal Register Modernization Act creates flexibility
for the Office of the Federal Register (OFR) and the U.S.
Government Printing Office (GPO) to adjust to new technologies
by removing outdated statutory requirements. The Federal
Register Act (FRA) was enacted in 1935, long before it was
possible to archive records electronically on a large scale.
The FRA was therefore written in the language of paper
documents. Government operations are increasingly being
conducted via electronic communication and storage, and the
statute should be revised to accommodate non paper-based
publication.
H.R. 4195 removes two outdated requirements: (1) the
requirement to print the Federal Register; and (2) the
requirement for agencies to submit multiple copies of documents
to be published in the Federal Register. The bill replaces the
requirement to print with the requirement to publish--which
includes a requirement to circulate or distribute. Allowing the
OFR and GPO to publish rather than print will preserve scarce
resources or enable them to be redirected toward improving ease
of use and breadth of dissemination via technology.
Under the FRA, submissions to the Federal Register require
an original document and two copies. This requirement made
sense when the OFR worked with paper documents. Today, however,
federal agencies meet this requirement by submitting multiple
electronic copies on a single disc or portable storage device,
such as a thumb-drive. H.R. 4195 removes this unnecessary
requirement, allowing federal agencies to submit a single
electronic document.
BACKGROUND AND NEED FOR LEGISLATION
The Federal Register Act was enacted in 1935. The first
issue was published on March 14, 1936; it had just 16 pages.\1\
In 1972, the Federal Register moved from ``hot metal'' printing
to electronic photo-composition technology. In the 1980s, the
OFR received its first computer terminal, and by 1989 every
staff member had a personal computer for work use. In 1992, OFR
entered the internet age with an electronic bulletin board
called ``FREND'' (Federal Register Electronic News Delivery
System). Two years later, the Office of the Federal Register
published the first electronic version of the Federal Register
on June 8, 1994.
---------------------------------------------------------------------------
\1\A Brief History Commemorating the 70th Anniversary of the
Publication of the First Issue of the Federal Register, Office of the
Federal Register, available at: http://www.archives.gov/federal-
register/the-federal-register/history.pdf.
---------------------------------------------------------------------------
In the twenty years since the first electronic edition of
the Federal Register, OFR and GPO have made significant
technological advancements. FederalRegister.gov, jointly
administered by OFR and GPO, was built with extensive
navigation aids and links to related materials.\2\ Public
inspection of agency submissions, prior to official publication
in the Federal Register, is now available online.\3\
---------------------------------------------------------------------------
\2\About Us, Federal Register, www.federalregister.gov/blog/policy/
about-us (last visited July 1, 2014).
\3\Id.
---------------------------------------------------------------------------
The Archivist of the United States requested the Federal
Register Modernization Act ``to take advantage of modern
technology to improve efficiency.''\4\ The bill will allow OFR
to ``increase interaction with the public and improve
interoperability with other federal systems dealing with agency
rulemaking.''\5\
---------------------------------------------------------------------------
\4\Letter from David S. Ferriero, Archivist, NARA, to John Boehner,
Speaker, House of Representatives, (Nov. 12, 2013).
\5\Id.
---------------------------------------------------------------------------
LEGISLATIVE HISTORY
The Federal Register Modernization Act was introduced by
Chairman Darrell Issa on March 11, 2014. The bill was referred
to the House Committee on Oversight and Government Reform. H.R.
4195 was considered during a full Committee business meeting on
March 12, 2014. The Committee by voice vote ordered the bill
favorably reported to the House of Representatives.
Section-by-Section
Section 1: Short title
Establishes the short title of the bill as the ``Federal
Register Modernization Act.''
Section 2: Federal Register modernization
Amends the Federal Register Act, Chapter 15 of title 44 of
the United States Code by replacing all references to ``print''
with ``publish'' and defining publish to mean circulate or
distribute. Eliminates the requirement that agencies provide
multiple copies of documents submitted to the Federal Register.
Explanation of Amendments
H.R. 4195 passed without amendment.
Committee Consideration
On March 12, 2014, the Committee met in open session and
ordered reported favorably the bill, H.R. 4195, by voice vote,
a quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill creates flexibility for the Office of the Federal
Register and the U.S. Government Printing Office to adjust to
new technologies by removing outdated statutory requirements.
As such this bill does not relate to employment or access to
public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Duplication of Federal Programs
No provision of H.R. 4195 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
Section 2 amends 44 U.S.C. Sec. 1506, an existing directed
rulemaking requiring the Administrative Committee of the
Federal Register to issue regulations related to the
promulgation of the federal register. H.R. 4195 amends this
section to update some of the specific matters to be addressed
by the Committee, in accordance with the purposes of this bill.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 4195 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4195. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 4195 from the Director of
Congressional Budget Office:
April 1, 2014.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4195, the Federal
Register Modernization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4195--Federal Register Modernization Act
CBO estimates that enacting H.R. 4195 would have no
significant effect on the federal budget. The legislation would
amend federal laws regarding the Federal Register and the Code
of Federal Regulations (CFR), which provide comprehensive
information about actions of the United States Government. The
legislation would end requirements to print the Federal
Register or the CFR and for agencies to provide multiple copies
of their submissions to the Federal Register. The bill would
change references from printing those publications to
publishing them, and publishing could include making those
publications available online.
Under the Federal Register Act, the Office of the Federal
Register (OFR) within the National Archives and Records
Administration (NARA) produces the Federal Register. That
publication compiles and organizes thousands of rules,
regulations, executive orders, presidential documents, and
notices generated by federal departments and agencies.
Currently, the Federal Register is updated daily and is printed
and published Monday through Friday, except federal holidays.
The OFR, working with the Government Printing Office (GPO), has
made the Federal Register available online since 1994. In
addition, the OFR produces the CFR, which contains all agency
rules that first appeared in the Federal Register.
Under the legislation, OFR would no longer be required to
print the Federal Register or CFR, but would still have to make
it available online. Based on information from NARA and GPO,
CBO expects that copies of the Federal Register and CFR would
continue to be produced following enactment of H.R. 4195 to
meet the demand for printed documents. We expect agencies'
administrative costs would be reduced because fewer copies of
printed material would be submitted to the Federal Register,
but we estimate that any such savings over the next five years
would be small because most of the costs associated with the
submission of those documents involves their preparation, not
their duplication.
H.R. 4195 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 15--FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS
Sec.
1501. Definitions.
[1502. Custody and printing of Federal documents; appointment of
Director.
[1503. Filing documents with Office; notation of time; public
inspection; transmission for printing.
[1504. ``Federal Register''; printing; contents; distribution; price.]
1502. Custody and publishing of Federal documents; appointment of
Director.
1503. Filing documents with Office; notation of time; public inspection;
transmission for publishing.
1504. ``Federal Register''; publishing; contents; distribution; price.
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; 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 of Federal documents;
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 Public Printer, 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 printing
[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 Printing 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. 1504. ``Federal Register''; printing; 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 Printing Office in a serial publication
designated the ``Federal Register.'' The Public Printer shall
make available the facilities of the Government Printing 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. 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 of this title shall be filed with the Office of
the Federal Register 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 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 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 to the Government Printing
Office, as provided by this chapter, 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 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 published immediately by the
Government Printing Office in a serial publication designated
the ``Federal Register''. The Public Printer shall make
available the facilities of the Government Printing 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 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 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. 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) 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) * * *
(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
[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 Public
Printer or Acting Public Printer. 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) 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.]
Sec. 1506. Administrative Committee of the Federal Register;
establishment and composition; powers and 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 Public Printer or Acting Public Printer. 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 for, among other things--
(1) the documents which shall be authorized under
section 1505(b) of this title to be published in the
Federal Register;
(2) the manner and form in which the Federal Register
shall be published;
(3) 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;
(4) the prices to be charged for individual copies
of, and subscriptions to, the Federal Register and any
reprints and bound volumes of it;
(5) the manner and form by which the Federal Register
may receive information and comments from the public,
if practicable and efficient; and
(6) special editions of the Federal Register.
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) * * *
(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;
* * * * * * *
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 Printing 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
Printing Office in connection with such publications, shall be
borne by the appropriations to the Government Printing 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
Public Printer.
[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, 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, 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 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.
* * * * * * *