March 12, 2019 - Issue: Vol. 165, No. 44 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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FEDERAL REGISTER MODERNIZATION ACT; Congressional Record Vol. 165, No. 44
(House of Representatives - March 12, 2019)
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[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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