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RegulatoryOctober 3, 2023

Publication Procedures for Federal Register Documents During a Funding Hiatus

Issued by Federal Register Office

What the record says

During an appropriations lapse, the Office of the Federal Register (OFR) is 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. The OFR is prohibited from publishing other agency documents. 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 places responsibility on agencies submitting documents to certify that their documents are authorized under the Act.

This is a factual description of what was issued or decided, not an assessment of it.