44 U.S.C. § 1503 — Filing documents with Office; notation of

Page 54 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1501 Statutory Notes and Related Subsidiaries FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT EFFECT ON CHAPTER Authority and responsibilities under chapter not lim- ited or repealed by Federal Records Management Amendments of 1976, see section 5(b) of Pub. L. 94–575, set out as a note under section 2901 of this title. § 1501. Definitions As used in this chapter, unless the context otherwise requires— ‘‘document’’ means a Presidential proclama- tion or Executive order and an order, regula- tion, rule, certificate, code of fair competi- tion, license, notice, or similar instrument, issued, prescribed, or promulgated by a Fed- eral agency; ‘‘Federal agency’’ or ‘‘agency’’ means the President of the United States, or an execu- tive department, independent board, establish- ment, bureau, agency, institution, commis- sion, 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; ‘‘publish’’ means to circulate for sale or dis- tribution to the public, as determined by the Administrative Committee of the Federal Reg- ister; and ‘‘National Archives of the United States’’ has the same meaning as in section 2901(11) of this title. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273; Pub. L. 98–497, title I, § 107(b)(2), Oct. 19, 1984, 98 Stat. 2286; Pub. L. 118–267, § 2(b), Jan. 4, 2025, 138 Stat. 2983.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 304 (July 26, 1935, ch. 417, § 4, 49 Stat. 501). Editorial Notes AMENDMENTS 2025—Pub. L. 118–267 inserted definition of ‘‘publish’’. 1984—Pub. L. 98–497 inserted definition of ‘‘National Archives of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title. § 1502. Custody and publishing of Federal docu- ments; 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 publishing of the documents required or authorized to be pub- lished 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 direc- tion of, the Archivist of the United States in carrying out this chapter and the regulations prescribed under it. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273; Pub. L. 98–497, title I, § 107(b)(3), Oct. 19, 1984, 98 Stat. 2287; Pub. L. 113–235, div. H, title I, § 1301(c)(1), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–267, § 2(a)(1), Jan. 4, 2025, 138 Stat. 2983.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 301 (July 26, 1935, ch. 417, § 1, 49 Stat. 500; 1939 Reorg. Plan No. II, § 202, eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1435; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381). Editorial Notes AMENDMENTS 2025—Pub. L. 118–267 substituted ‘‘publishing’’ for ‘‘printing’’ in section catchline and ‘‘publishing’’ for ‘‘printing and distribution’’ in text. 2014—Pub. L. 113–235 substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’. 1984—Pub. L. 98–497 substituted ‘‘Archivist of the United States’’ for ‘‘Administrator of General Serv- ices’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title. § 1503. Filing documents with Office; notation of time; public inspection; transmission for pub- lishing The original document required or authorized to be published by section 1505 shall be filed with the Office of the Federal Register for publi- cation at times established by the Administra- tive Committee of the Federal Register by regu- lation. The Archivist of the United States shall cause to be noted on the original of each docu- ment 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 Adminis- tration 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 Ad- ministrative 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 Govern- ment 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, pre- scribed, or promulgated by the agency. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274; Pub. L. 95–440, § 2, Oct. 10, 1978, 92 Stat. 1063; Pub. L. 98–497, title I, § 107(b)(4), Oct. 19, 1984, 98 Stat. 2287; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–267, § 2(c), Jan. 4, 2025, 138 Stat. 2983.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 302 (July 26, 1935, ch. 417, § 2, 49 Stat. 500; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381). Page 55 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 1505 Editorial Notes AMENDMENTS 2025—Pub. L. 118–267 amended section generally. Prior to amendment, section provided for the filing of docu- ments, notation of time, public inspection, and trans- mission for printing. 1984—Pub. L. 98–497 substituted ‘‘Archivist of the United States’’ for ‘‘Administrator of General Serv- ices’’, ‘‘National Archives and Records Administration’’ for ‘‘General Services Administration’’, and ‘‘Archi- vist’’ for ‘‘Administrator’’ wherever appearing. 1978—Pub. L. 95–440 substituted provision for reten- tion of original documents by the General Services Ad- ministration for prior provision for retention in the ar- chives of the National Archives and inserted provisions dispensing with such retention when disposals are made in accordance with disposal schedules and requiring re- tention of original proclamations of the President and Executive orders as part of the National Archives. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title. § 1504. ‘‘Federal Register’’; publishing; contents; distribution; price; physical copies Documents required or authorized to be pub- lished by section 1505 shall be published imme- diately by the Government Publishing Office in a serial publication designated the ‘‘Federal Register’’. The Director of the Government Pub- lishing 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 pub- lished, filed with the Office of the Federal Reg- ister up to the time of the day immediately pre- ceding the day of publication fixed by regula- tions under this chapter. There shall be pub- lished with each document a copy of the nota- tion, 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 in- spection. 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 publi- cations by sections 1705 and 1708. The Govern- ment Publishing Office shall print at least two physical copies of each published Federal Reg- ister 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. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274; Pub. L. 113–235, div. H, title I, § 1301(b), (c)(1), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–267, § 2(d), Jan. 4, 2025, 138 Stat. 2984.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964, ed., § 303 (July 26, 1935, ch. 417, § 3, 49 Stat. 500). Editorial Notes AMENDMENTS 2025—Pub. L. 118–267 amended section generally. Prior to amendment, section required that the Government Publishing Office immediately print and distribute doc- uments required or authorized to be published by sec- tion 1505 in a serial publication designated the ‘‘Federal Register’’. 2014—Pub. L. 113–235, § 1301(c)(1), substituted ‘‘Direc- tor of the Government Publishing Office’’ for ‘‘Public Printer’’. § 1505. Documents to be published in Federal Register (a) PROCLAMATIONS AND EXECUTIVE ORDERS; DOCUMENTS HAVING GENERAL APPLICABILITY AND LEGAL EFFECT; DOCUMENTS REQUIRED TO BE PUBLISHED BY CONGRESS. There shall be pub- lished in the Federal Register— (1) Presidential proclamations and Executive orders, except those not having general appli- cability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof; (2) documents or classes of documents that the President may determine from time to time have general applicability and legal ef- fect; and (3) documents or classes of documents that may be required so to be published by Act of Congress. For the purposes of this chapter every docu- ment or order which prescribes a penalty has general applicability and legal effect. (b) DOCUMENTS AUTHORIZED TO BE PUBLISHED BY REGULATIONS; NEWS COMMENTARY AND NEWS ITEMS EXCLUDED. In addition to the foregoing there shall also be published in the Federal Reg- ister other documents or classes of documents authorized to be published by regulations pre- scribed under this chapter with the approval of the President, but news commentary or news items of any character may not be published in the Federal Register. (c) ALTERNATIVE PUBLICATION.—In a con- tinuity of operations event in which the Govern- ment Publishing Office does not fulfill the publi- cation requirements of this chapter, the Office of the Federal Register may establish an alter- native method to publish the Federal Register until such time that the Government Publishing Office resumes publication. (d) SUSPENSION OF REQUIREMENTS FOR FILING OF DOCUMENTS; ALTERNATE SYSTEMS FOR PRO- MULGATING, FILING, OR PUBLISHING DOCUMENTS; PRESERVATION OF ORIGINALS. In the event of an attack or threatened attack upon the conti- nental United States and a determination by the President that as a result of an attack or threat- ened attack— (1) publication of the Federal Register or fil- ing of documents with the Office of the Fed- eral 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 con- tents of documents, the President may, with- out regard to any other provision of law, sus- pend all or part of the requirements of law or