Publication Procedures for Federal Register Documents During a Funding Hiatus

Published date30 September 2019
Citation84 FR 51641
Record Number2019-21317
SectionNotices
CourtThe Federal Register Office
Federal Register, Volume 84 Issue 189 (Monday, September 30, 2019)
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
                [Notices]
                [Pages 51641-51642]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-21317]
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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: In the event of an appropriations lapse, the Office of the
                Federal Register (OFR) would be 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.
                Since it
                [[Page 51642]]
                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 will
                place responsibility on agencies submitting documents to certify that
                their documents are authorized under the Act.
                FOR FURTHER INFORMATION CONTACT: Amy Bunk, Director of Legal Affairs
                and Policy, or Miriam Vincent, Staff Attorney, Office of the Federal
                Register, National Archives and Records Administration, (202) 741-6030
                or [email protected].
                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
                submitting documents for publication in the Federal Register.
                 In the event of an appropriations lapse, the OFR would be 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. 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 will
                place responsibility on agencies submitting documents to certify that
                their documents are authorized under the Act.
                 During a funding hiatus affecting one or more Federal agencies, the
                OFR will remain 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 submit a document to the OFR
                during a funding hiatus must attach a transmittal letter to the
                document which certifies that publication in the Federal Register is
                necessary:
                Unfunded Agencies or Programs
                 To safeguard human life, protect property, or
                 Provide other emergency services consistent with the
                performance of functions and services exempted under the Antideficiency
                Act.
                Funded Agencies or Programs
                 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 Laspe 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. 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 will be a function or service excepted under the Anti-
                Deficiency Act.
                 At the onset of a funding hiatus, the OFR may suspend the regular
                three-day publication schedule to permit a limited number of exempt
                personnel to process emergency documents. Agency officials will be
                informed as to the schedule for filing and publishing individual
                documents.
                 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. 2019-21317 Filed 9-27-19; 8:45 am]
                BILLING CODE 1301-00-P
                

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