[Congressional Record Volume 170, Number 166 (Tuesday, November 12, 2024)]
[House]
[Pages H5940-H5942]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL REGISTER MODERNIZATION ACT OF 2024
Mr. HIGGINS of Louisiana. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 9592) 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. 9592
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 of 2024''.
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, by striking ``printing, reprinting,
wrapping, binding, and distributing'' each place it appears
and inserting ``publishing''.
(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, as determined by the Administrative Committee of
the Federal Register; 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
[[Page H5941]]
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. 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; physical copies
``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 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.
The Government Publishing Office shall print at least two
physical copies of each published Federal Register 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.''.
(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 the publication requirements of this
chapter, the Office of the Federal Register may establish an
alternative method 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 or their
designee, regulations for carrying out this chapter. The
regulations shall provide for, among other things, the
following:
``(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.
``(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 or their
designee, 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 or their designee, 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;
physical copies.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Louisiana (Mr. Higgins) and the gentleman from Maryland (Mr. Raskin)
each will control 20 minutes.
The Chair recognizes the gentleman from Louisiana.
General Leave
Mr. HIGGINS of Louisiana. Mr. Speaker, I ask unanimous consent that
all Members have 5 legislative 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
gentleman from Louisiana?
There was no objection.
Mr. HIGGINS of Louisiana. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 9592, the Federal Register
Modernization Act.
Our government must be both transparent and accountable to the
American people.
Laws requiring proper recordkeeping are vital to both. In 1935 the
Federal Register Act established the Federal
[[Page H5942]]
Register, a daily publication of the Federal Government's activities
including Presidential documents, proposed and final rules, and public
notices.
In other words, the Federal Register provides official notice to the
public and Congress that an executive branch document exists.
The Federal Register also provides the building blocks for the Code
of Federal Regulations, which makes it easier for the American public
to find and understand the Federal regulations governing our Nation.
In 1994, the Government Publishing Office began publishing the
Federal Register online with modern search tools and downloadable
content.
Congress has recently taken steps to make the Federal Register more
efficient by passing the Federal Register Printing Savings Act in 2017.
However, additional reforms are still needed to alleviate the
Government Publishing Office of the 1935 law's requirement to print and
distribute paper copies of the Federal Register every day.
H.R. 9592 allows the Government Publishing Office to stop wasting
paper and money and instead publish the Federal Register and the Code
of Federal Regulations online.
The bill also streamlines the process for Federal agencies to
transmit official documents to the National Archives, ensuring a more
efficient process for making these important Federal documents public.
Lastly, the bill provides necessary safeguards so that backup
physical copies are properly stored and alternate publication systems
can be established in cases of a continuity of government national
crisis.
Taken together, these reforms will bring the Federal Register into
the 21st century and save taxpayer dollars.
Mr. Speaker, I urge my colleagues to join me in supporting this
commonsense legislation. I thank my colleague Representative Gerry
Connolly for partnering with me to ensure these long overdue reforms
get done, and I reserve the balance of my time.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 9592, the Federal Register
Modernization Act. This bill represents a big step forward in
streamlining how the Federal Government retains public records and
communicates with the public.
The Federal Register Act of 1935 was designed to ensure government
transparency by requiring publication of Federal laws, Presidential
proclamations, agency rules, and public notices in the Federal
Register.
Today, with the increasing use of digital devices to conduct
government operations, an electronic edition of the Federal Register is
published every single business day. The publication of hard copy
agency document submissions to the Office of the Federal Register
creates unnecessary redundancy and administrative burdens, and, as my
friend from Louisiana says, administrative burdens and environmental
waste.
In 1936, the Office of the Federal Register published 2,620 pages in
a year, just over 2,500 pages. By 2023 the Federal Register had
expanded to more than 90,000 pages in a year. The volume of Federal
documentation has grown exponentially over the last century, so the
need for a more efficient and streamlined process is obvious.
This act would align with the current digital practices of Federal
agencies and eliminate the need for multiple print submissions.
This bill allows for electronic only publication of the Federal
Register except for two print copies maintained by the Office of the
Federal Register. By maintaining and improving the digital format of
the Federal Register, the office will operate more efficiently,
ultimately benefiting not only Federal agencies and the environment but
also the American people.
Mr. Speaker, I support this commonsense, bipartisan legislation. I
have no further speakers, and I yield back the balance of my time.
Mr. HIGGINS of Louisiana. Mr. Speaker, I have no further speakers at
this time on this bill, and I am prepared to close.
Mr. Speaker, I encourage my colleagues on both sides of the aisle to
support the bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Louisiana (Mr. Higgins) that the House suspend the rules
and pass the bill, H.R. 9592, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
____________________