[Congressional Record Volume 165, Number 44 (Tuesday, March 12, 2019)]
[House]
[Pages H2671-H2673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   FEDERAL REGISTER MODERNIZATION ACT

  Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1654) to amend title 44, United States Code, to modernize 
the Federal Register, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1654

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Register 
     Modernization Act''.

     SEC. 2. FEDERAL REGISTER MODERNIZATION.

       (a) References to Printing.--Chapter 15 of title 44, United 
     States Code, is amended--
       (1) in section 1502--
       (A) in the heading, by striking ``printing'' and inserting 
     ``publishing''; and
       (B) by striking ``printing and distribution'' and inserting 
     ``publishing'';
       (2) in section 1507--
       (A) by striking ``the duplicate originals or certified 
     copies of the document have'' and inserting ``the document 
     has''; and
       (B) in paragraph (2), by striking ``printed'' and inserting 
     ``published''; and
       (3) in section 1509, in subsections (a) and (b), by 
     striking ``printing, reprinting, wrapping, binding, and 
     distributing'' and inserting ``publishing'', each place it 
     appears.
       (b) Publish Defined.--Section 1501 of title 44, United 
     States Code, is amended--
       (1) by striking ``; and'' at the end of the definition for 
     ``person'' and inserting a semicolon; and
       (2) by inserting after the definition for ``person'' the 
     following:
       `` `publish' means to circulate for sale or distribution to 
     the public; and''.
       (c) Filing Documents With Office Amendment.--Section 1503 
     of title 44, United States Code, is amended to read as 
     follows:

     ``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 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; 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 
     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, prescribed, or 
     promulgated by the agency.''.
       (d) Federal Register Amendment.--Section 1504 of title 44, 
     United States Code, is amended to read as follows:

     ``Sec. 1504. `Federal Register'; publishing; contents; 
       distribution; price

       ``Documents required or authorized to be published by 
     section 1505 shall be published immediately by the Government 
     Publishing Office in a serial publication designated the 
     `Federal Register'. The Director of the Government Publishing 
     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 be indexed and 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 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 
     without reference to the restrictions placed upon and fixed 
     for the sale of Government publications by sections 1705 and 
     1708.''.
       (e) Documents To Be Published in Federal Register.--Section 
     1505 of title 44, United States Code, is amended--
       (1) in subsection (b)--
       (A) in the heading, by striking ``Comments'' and inserting 
     ``News Commentary''; and
       (B) by striking ``comments'' and inserting ``news 
     commentary'';
       (2) by redesignating subsection (c) as subsection (d);
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Alternative Publication.--In a continuity of 
     operations event in which the Government Publishing Office 
     does not fulfill

[[Page H2672]]

     the publication requirements of this chapter, the Office of 
     the Federal Register may establish a website to publish the 
     Federal Register until such time that the Government 
     Publishing Office resumes publication.''; and
       (4) in subsection (d), as so redesignated, in the matter 
     following paragraph (2)--
       (A) by inserting ``telecommunications, the Internet,'' 
     after ``the press, the radio,''; and
       (B) by striking ``and two duplicate originals or two 
     certified copies'' and inserting ``document''.
       (f) Administrative Committee of the Federal Register 
     Amendment.--Subsection (a) of section 1506 of title 44, 
     United States Code, is amended to read as follows:
       ``(a) Composition; 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 Director of the Government 
     Publishing Office or Acting Director of the Government 
     Publishing Office. 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) to be published in the Federal Register;
       ``(2) the manner and form in which the Federal Register 
     shall be published;
       ``(3) the manner and form in which agencies submit 
     documents for publication in the Federal Register and special 
     editions of the Federal Register;
       ``(4) subject to subsection (b), 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;
       ``(5) the prices to be charged for individual copies of, 
     and subscriptions to, the Federal Register and any reprints 
     and bound volumes of it;
       ``(6) the manner and form by which the Federal Register may 
     receive information and comments from the public, if 
     practicable and efficient; and
       ``(7) special editions of the Federal Register.''.
       (g) Code of Federal Regulations Amendment.--Section 1510 of 
     title 44, United States Code, is amended to read as follows:

     ``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, 
     indices, 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.''.
       (h) Technical and Conforming Amendments.--The table of 
     sections for chapter 15 of title 44, United States Code, is 
     amended by striking the items related to sections 1502, 1503, 
     and 1504 and inserting the following:

``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. 3. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from North 
Carolina (Mr. Meadows) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Madam Speaker, I ask unanimous consent that all Members 
have 5 days in which to revise and extend their remarks and include 
extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  H.R. 1654, the Federal Register Modernization Act, is a good-
government bill that will reduce waste and save taxpayer money. I thank 
my good friend from North Carolina, Representative Meadows, for his 
work on this important measure.
  The bill would modernize the Federal Register to take advantage of 
modern technology and increase efficiency. The bill would give the 
Office of the Federal Register the flexibility to publish the Federal 
Register electronically.
  It also allows agencies to stop sending unnecessary paper copies of 
documents when they send materials to be published in the Federal 
Register. That one step alone could save significant sums of money that 
could be used more efficiently to address the needs of the American 
public.
  H.R. 1654 also makes certain technical changes, of course, to a 
statute that was originally written in 1935 and does need some 
updating.
  This is exactly the kind of legislation Congress should be passing. 
It is bipartisan; it is noncontroversial; and it would make modest 
improvements to bring the Federal Government into the digital age so 
that information is more accessible to the public.
  I urge my colleagues to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. MEADOWS. Madam Speaker, I yield myself such time as I may 
consume.
  Democratic governments must be transparent and accountable to the 
American people. Recordkeeping laws are vital to both. In support of 
transparency and accountability, the Federal Register Act of 1935, as 
my friend from the District of Columbia mentioned earlier, was created, 
and it actually created the Federal Register.
  The Federal Register, a lot of people are not aware, is a daily 
publication of government information, such as Presidential documents, 
rules, proposed rules, and public notices. The Federal Register 
provides official notice of a document's existence to the public.
  The Federal Register also provides the building blocks for the Code 
of Federal Regulations, which makes it easier for the public to find 
Federal regulations by compiling them all in one place.
  In 1994, the Government Publishing Office began publishing the 
Federal Register online. When I got here, I actually got a paper copy 
of these Federal Registers, and I didn't know what to do with them. I 
mean, they were just reams and reams.
  The gentlewoman from the District of Columbia is right. This is a 
good-government, efficient way, hopefully, that gives the Federal 
Register the ability to save American taxpayer money.
  That online Register now includes navigational aids and links to 
related content, and it is fully searchable and downloadable.
  Congress has previously taken steps to make the Federal Register more 
efficient. In 2017, Congress passed the

[[Page H2673]]

Federal Register Printing Savings Act. That law saved taxpayer dollars 
by actually requiring the GPO to provide only printed copies to Member 
offices that subscribe or request a copy of a specific issue.
  H.R. 1654 continues in this spirit of reform with a commonsense 
change for the GPO and other agencies and gives them greater 
flexibility to make sure that we can save with online publications.
  This bill also eliminates the requirements that agencies provide the 
National Archives with multiple copies of the documents submitted to 
the Federal Register. That requirement made sense when paper copies 
were mailed or delivered for publication, but now agencies can simply 
do that by sending duplicate copies electronically to comply with the 
law.
  Madam Speaker, I urge my colleagues to support this particular piece 
of legislation. I thank the gentlewoman for her support, and I reserve 
the balance of my time.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I think it should be noted that all the bill does is 
give flexibility, flexibility to publish the Federal Register 
electronically, so I suspect that there will still be paper copies.
  But apparently, the Office of the Federal Register doesn't think it 
can go online with the Federal Register, so that is very disturbing 
this late into the digital age.
  I regard this bill, the bill of my good friend, I regard it as not 
prescient, because it should have happened a long time ago, but 
absolutely necessary, and I commend him for this bill.
  Madam Speaker, I am prepared to yield back. Unless my good friend has 
something further today, I yield back the balance of my time.
  Mr. MEADOWS. Madam Speaker, I thank the gentlewoman for her comments, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 1654, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MEADOWS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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