[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83623-83624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28299]


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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 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: Katerina Horska, 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

[[Page 83624]]

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 Lapse 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. Based on OLC 
interpretation of the December 12, 1995 opinion, 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.
    OFR has posted frequently asked questions and transmittal letter 
templates on the following website, which will be updated as possible: 
https://www.archives.gov/federal-register/the-federal-register/shutdown-faqs.

    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. 2020-28299 Filed 12-18-20; 8:45 am]
BILLING CODE 1301-00-P