[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11999-12000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04015]


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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: During an appropriations lapse, the Office of the Federal 
Register (OFR) publishes 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 may publish 
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. The OFR is prohibited 
by law from publishing any other agency documents. The OFR does not 
make case-by-case determinations as to whether certain documents are 
directly related to activities that qualify for an exemption under the 
Antideficiency Act. It is the responsibility of the agency submitting a 
document for publication to provide justification and certify that the 
document is authorized under the Antideficiency Act.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Director of Legal Affairs 
and Policy, or Miriam Vincent, Senior 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 and in accordance with the provisions of the 
Antideficiency Act, Public Law 97-258, as amended (31 U.S.C. 1341), the 
OFR announces special procedures for agencies transmitting documents 
for publication in the Federal Register.
    During an appropriations lapse, the OFR publishes 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 may publish 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. The OFR is prohibited by law from publishing any other 
agency documents. The OFR does not make case-by-case determinations as 
to whether certain documents are directly related to activities that 
qualify for an exemption under the Antideficiency Act. It is the 
responsibility of the agency submitting a document for publication to 
provide justification and certify that the document is authorized under 
the Antideficiency Act.
    During an appropriations lapse affecting one or more Federal 
agencies, the OFR remains 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 transmit a document 
to the OFR during an appropriations lapse must attach an exception 
letter to the document which provides justification and certifies that 
publication in the Federal Register is necessary for one of the 
following reasons:

Unfunded Agencies or Programs

     To safeguard human life, protect property, or
     To 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.
    The OFR may be able to accept documents transmitted for publication 
if delaying publication would 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 13, 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

[[Page 12000]]

agency, then publication in the Federal Register would be a function or 
service excepted under the Antideficiency Act.
    At the onset of an appropriations lapse, the OFR may suspend the 
regular 3-day publication schedule to permit a limited number of exempt 
personnel to process excepted documents. Agency officials will be 
informed as to the schedule for filing and publishing individual 
documents.
    OFR has posted frequently asked questions and excepted letter 
templates on the following website, which will be updated as necessary: 
www.archives.gov/federal-register/agencies/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. 2025-04015 Filed 3-12-25; 8:45 am]
BILLING CODE 0099-10-P