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Home Source documents Title 44 — Public Printing and Documents — § 1503. Filing documents with Office; notation of time; public inspection

Title 44 — Public Printing and Documents — § 1503. Filing documents with Office; notation of time; public inspection

Summary

Pages 54-55 of Title 44, Public Printing and Documents, print § 1503 with the surrounding Federal Register provisions, §§ 1501 through 1505. Section 1503 requires original documents to be published under § 1505 to be filed with the Office of the Federal Register, the day and hour of filing to be noted on each original, and each document to be available for public inspection immediately upon filing. Originals are retained unless disposed of under approved schedules, but originals of Presidential proclamations and Executive orders are retained permanently. Pub. L. 118–267 of Jan. 4, 2025 amended these sections, and § 1504 now requires the Government Publishing Office to print at least two physical copies of each Federal Register issue and to store not less than two copies, each in a separate facility.

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§ 1501                       TITLE 44—PUBLIC PRINTING AND DOCUMENTS                                                   Page 54

         Statutory Notes and Related Subsidiaries              (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273; Pub.
FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT                  L. 98–497, title I, § 107(b)(3), Oct. 19, 1984, 98 Stat.
              EFFECT ON CHAPTER                                2287; Pub. L. 113–235, div. H, title I, § 1301(c)(1),
                                                               Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–267,
  Authority and responsibilities under chapter not lim-
ited or repealed by Federal Records Management
                                                               § 2(a)(1), Jan. 4, 2025, 138 Stat. 2983.)
Amendments of 1976, see section 5(b) of Pub. L. 94–575,                     HISTORICAL AND REVISION NOTES
set out as a note under section 2901 of this title.
                                                                 Based on 44 U.S. Code, 1964 ed., § 301 (July 26, 1935, ch.
§ 1501. Definitions                                            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.
  As used in this chapter, unless the context                  288, title I, § 104(a), 63 Stat. 381).
otherwise requires—
    ‘‘document’’ means a Presidential proclama-                                       Editorial Notes
  tion or Executive order and an order, regula-                                         AMENDMENTS
  tion, rule, certificate, code of fair competi-
                                                                  2025—Pub. L. 118–267 substituted ‘‘publishing’’ for
  tion, license, notice, or similar instrument,                ‘‘printing’’ in section catchline and ‘‘publishing’’ for
  issued, prescribed, or promulgated by a Fed-                 ‘‘printing and distribution’’ in text.
  eral agency;                                                    2014—Pub. L. 113–235 substituted ‘‘Director of the
    ‘‘Federal agency’’ or ‘‘agency’’ means the                 Government Publishing Office’’ for ‘‘Public Printer’’.
  President of the United States, or an execu-                    1984—Pub. L. 98–497 substituted ‘‘Archivist of the
  tive department, independent board, establish-               United States’’ for ‘‘Administrator of General Serv-
  ment, bureau, agency, institution, commis-                   ices’’ wherever appearing.
  sion, or separate office of the administrative
                                                                       Statutory Notes and Related Subsidiaries
  branch of the Government of the United
  States but not the legislative or judicial                             EFFECTIVE DATE OF 1984 AMENDMENT
  branches of the Government;                                    Amendment by Pub. L. 98–497 effective Apr. 1, 1985,
    ‘‘person’’ means an individual, partnership,               see section 301 of Pub. L. 98–497, set out as a note under
  association, or corporation;                                 section 2102 of this title.
    ‘‘publish’’ means to circulate for sale or dis-
  tribution to the public, as determined by the                § 1503. Filing documents with Office; notation of
  Administrative Committee of the Federal Reg-                     time; public inspection; transmission for pub-
  ister; and                                                       lishing
    ‘‘National Archives of the United States’’                   The original document required or authorized
  has the same meaning as in section 2901(11) of               to be published by section 1505 shall be filed
  this title.                                                  with the Office of the Federal Register for publi-
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1273; Pub.            cation at times established by the Administra-
L. 98–497, title I, § 107(b)(2), Oct. 19, 1984, 98 Stat.       tive Committee of the Federal Register by regu-
2286; Pub. L. 118–267, § 2(b), Jan. 4, 2025, 138 Stat.         lation. The Archivist of the United States shall
2983.)                                                         cause to be noted on the original of each docu-
                                                               ment the day and hour of filing. Upon filing, the
             HISTORICAL AND REVISION NOTES                     document shall be immediately available for
  Based on 44 U.S. Code, 1964 ed., § 304 (July 26, 1935, ch.   public inspection. The original shall be retained
417, § 4, 49 Stat. 501).                                       by the National Archives and Records Adminis-
                                                               tration and shall be available for inspection
                     Editorial Notes                           under regulations prescribed by the Archivist,
                      AMENDMENTS                               unless such original is disposed of in accordance
                                                               with disposal schedules submitted by the Ad-
 2025—Pub. L. 118–267 inserted definition of ‘‘publish’’.
 1984—Pub. L. 98–497 inserted definition of ‘‘National
                                                               ministrative Committee and authorized by the
Archives of the United States’’.                               Archivist pursuant to regulations issued under
                                                               chapter 33; however, originals of proclamations
         Statutory Notes and Related Subsidiaries              of the President and Executive orders shall be
                                                               permanently retained by the Administration as
           EFFECTIVE DATE OF 1984 AMENDMENT                    part of the National Archives of the United
  Amendment by Pub. L. 98–497 effective Apr. 1, 1985,          States. The Office shall transmit to the Govern-
see section 301 of Pub. L. 98–497, set out as a note under     ment Publishing Office, as provided by this
section 2102 of this title.                                    chapter, each document required or authorized
§ 1502. Custody and publishing of Federal docu-                to be published by section 1505. Every Federal
    ments; appointment of Director                             agency shall cause to be transmitted for filing
                                                               the original of all such documents issued, pre-
  The Archivist of the United States, acting                   scribed, or promulgated by the agency.
through the Office of the Federal Register, is
                                                               (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274; Pub.
charged with the custody and, together with the
                                                               L. 95–440, § 2, Oct. 10, 1978, 92 Stat. 1063; Pub. L.
Director of the Government Publishing Office,
                                                               98–497, title I, § 107(b)(4), Oct. 19, 1984, 98 Stat.
with the prompt and uniform publishing of the
                                                               2287; Pub. L. 113–235, div. H, title I, § 1301(b), Dec.
documents required or authorized to be pub-
                                                               16, 2014, 128 Stat. 2537; Pub. L. 118–267, § 2(c), Jan.
lished by section 1505 of this title. There shall be
                                                               4, 2025, 138 Stat. 2983.)
at the head of the Office a director, appointed
by, and who shall act under the general direc-                              HISTORICAL AND REVISION NOTES
tion of, the Archivist of the United States in                   Based on 44 U.S. Code, 1964 ed., § 302 (July 26, 1935, ch.
carrying out this chapter and the regulations                  417, § 2, 49 Stat. 500; June 30, 1949, ch. 288, title I, § 104(a),
prescribed under it.                                           63 Stat. 381).
Page 55                       TITLE 44—PUBLIC PRINTING AND DOCUMENTS                                               § 1505

                      Editorial Notes                                                Editorial Notes
                       AMENDMENTS                                                     AMENDMENTS
  2025—Pub. L. 118–267 amended section generally. Prior           2025—Pub. L. 118–267 amended section generally. Prior
to amendment, section provided for the filing of docu-          to amendment, section required that the Government
ments, notation of time, public inspection, and trans-          Publishing Office immediately print and distribute doc-
mission for printing.                                           uments required or authorized to be published by sec-
  1984—Pub. L. 98–497 substituted ‘‘Archivist of the            tion 1505 in a serial publication designated the ‘‘Federal
United States’’ for ‘‘Administrator of General Serv-            Register’’.
ices’’, ‘‘National Archives and Records Administration’’          2014—Pub. L. 113–235, § 1301(c)(1), substituted ‘‘Direc-
for ‘‘General Services Administration’’, and ‘‘Archi-           tor of the Government Publishing Office’’ for ‘‘Public
vist’’ for ‘‘Administrator’’ wherever appearing.                Printer’’.
  1978—Pub. L. 95–440 substituted provision for reten-
tion of original documents by the General Services Ad-          § 1505. Documents to be published in Federal
ministration for prior provision for retention in the ar-           Register
chives of the National Archives and inserted provisions
dispensing with such retention when disposals are made            (a) PROCLAMATIONS AND EXECUTIVE ORDERS;
in accordance with disposal schedules and requiring re-         DOCUMENTS HAVING GENERAL APPLICABILITY AND
tention of original proclamations of the President and          LEGAL EFFECT; DOCUMENTS REQUIRED TO BE
Executive orders as part of the National Archives.              PUBLISHED BY CONGRESS. There shall be pub-
                                                                lished in the Federal Register—
       Statutory Notes and Related Subsidiaries                     (1) Presidential proclamations and Executive
          EFFECTIVE DATE OF 1984 AMENDMENT                        orders, except those not having general appli-
  Amendment by Pub. L. 98–497 effective Apr. 1, 1985,             cability and legal effect or effective only
see section 301 of Pub. L. 98–497, set out as a note under        against Federal agencies or persons in their
section 2102 of this title.                                       capacity as officers, agents, or employees
                                                                  thereof;
§ 1504. ‘‘Federal Register’’; publishing; contents;                 (2) documents or classes of documents that
    distribution; price; physical copies                          the President may determine from time to
  Documents required or authorized to be pub-                     time have general applicability and legal ef-
lished by section 1505 shall be published imme-                   fect; and
diately by the Government Publishing Office in                      (3) documents or classes of documents that
a serial publication designated the ‘‘Federal                     may be required so to be published by Act of
Register’’. The Director of the Government Pub-                   Congress.
lishing Office shall make available the facilities                For the purposes of this chapter every docu-
of the Government Publishing Office for the                     ment or order which prescribes a penalty has
prompt publication of the Federal Register in                   general applicability and legal effect.
the manner and at the times required by this                      (b) DOCUMENTS AUTHORIZED TO BE PUBLISHED
chapter and the regulations prescribed under it.                BY REGULATIONS; NEWS COMMENTARY AND NEWS
The contents of the daily issues shall constitute               ITEMS EXCLUDED. In addition to the foregoing
all documents, required or authorized to be pub-                there shall also be published in the Federal Reg-
lished, filed with the Office of the Federal Reg-               ister other documents or classes of documents
ister up to the time of the day immediately pre-                authorized to be published by regulations pre-
ceding the day of publication fixed by regula-                  scribed under this chapter with the approval of
tions under this chapter. There shall be pub-                   the President, but news commentary or news
lished with each document a copy of the nota-                   items of any character may not be published in
tion, required to be made by section 1503, of the               the Federal Register.
day and hour when, upon filing with the Office,                   (c) ALTERNATIVE PUBLICATION.—In a con-
the document was made available for public in-                  tinuity of operations event in which the Govern-
spection. Distribution shall be made at a time in               ment Publishing Office does not fulfill the publi-
the morning of the day of distribution fixed by                 cation requirements of this chapter, the Office
regulations prescribed under this chapter. The                  of the Federal Register may establish an alter-
prices to be charged for the Federal Register                   native method to publish the Federal Register
may be fixed by the Administrative Committee                    until such time that the Government Publishing
of the Federal Register established by section                  Office resumes publication.
1506 without reference to the restrictions placed                 (d) SUSPENSION OF REQUIREMENTS FOR FILING
upon and fixed for the sale of Government publi-                OF DOCUMENTS; ALTERNATE SYSTEMS FOR PRO-
cations by sections 1705 and 1708. The Govern-                  MULGATING, FILING, OR PUBLISHING DOCUMENTS;
ment Publishing Office shall print at least two                 PRESERVATION OF ORIGINALS. In the event of an
physical copies of each published Federal Reg-                  attack or threatened attack upon the conti-
ister issue. Of those, not less than two copies                 nental United States and a determination by the
shall be stored, each in a separate facility, to                President that as a result of an attack or threat-
ensure the preservation of the Federal Register                 ened attack—
for the purposes of continuity of government.                       (1) publication of the Federal Register or fil-
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274; Pub.               ing of documents with the Office of the Fed-
L. 113–235, div. H, title I, § 1301(b), (c)(1), Dec. 16,          eral Register is impracticable, or
2014, 128 Stat. 2537; Pub. L. 118–267, § 2(d), Jan. 4,              (2) under existing conditions publication in
2025, 138 Stat. 2984.)                                            the Federal Register would not serve to give
                                                                  appropriate notice to the public of the con-
            HISTORICAL AND REVISION NOTES                         tents of documents, the President may, with-
  Based on 44 U.S. Code, 1964, ed., § 303 (July 26, 1935, ch.     out regard to any other provision of law, sus-
417, § 3, 49 Stat. 500).                                          pend all or part of the requirements of law or


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