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[House Report 113-515]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-515

======================================================================

 
                   FEDERAL REGISTER MODERNIZATION ACT

                                _______
                                

  July 3, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Issa, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4195]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 4195) to amend chapter 15 of title 
44, United States Code (commonly known as the Federal Register 
Act), to modernize the Federal Register, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Application of Law to the Legislative Branch.....................     3
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     3
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandate Statement.......................................     4
Earmark Identification...........................................     4
Committee Estimate...............................................     4
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill as Reported.............     6

                     Committee Statement and Views

                          PURPOSE AND SUMMARY

    The Federal Register Modernization Act creates flexibility 
for the Office of the Federal Register (OFR) and the U.S. 
Government Printing Office (GPO) to adjust to new technologies 
by removing outdated statutory requirements. The Federal 
Register Act (FRA) was enacted in 1935, long before it was 
possible to archive records electronically on a large scale. 
The FRA was therefore written in the language of paper 
documents. Government operations are increasingly being 
conducted via electronic communication and storage, and the 
statute should be revised to accommodate non paper-based 
publication.
    H.R. 4195 removes two outdated requirements: (1) the 
requirement to print the Federal Register; and (2) the 
requirement for agencies to submit multiple copies of documents 
to be published in the Federal Register. The bill replaces the 
requirement to print with the requirement to publish--which 
includes a requirement to circulate or distribute. Allowing the 
OFR and GPO to publish rather than print will preserve scarce 
resources or enable them to be redirected toward improving ease 
of use and breadth of dissemination via technology.
    Under the FRA, submissions to the Federal Register require 
an original document and two copies. This requirement made 
sense when the OFR worked with paper documents. Today, however, 
federal agencies meet this requirement by submitting multiple 
electronic copies on a single disc or portable storage device, 
such as a thumb-drive. H.R. 4195 removes this unnecessary 
requirement, allowing federal agencies to submit a single 
electronic document.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Federal Register Act was enacted in 1935. The first 
issue was published on March 14, 1936; it had just 16 pages.\1\ 
In 1972, the Federal Register moved from ``hot metal'' printing 
to electronic photo-composition technology. In the 1980s, the 
OFR received its first computer terminal, and by 1989 every 
staff member had a personal computer for work use. In 1992, OFR 
entered the internet age with an electronic bulletin board 
called ``FREND'' (Federal Register Electronic News Delivery 
System). Two years later, the Office of the Federal Register 
published the first electronic version of the Federal Register 
on June 8, 1994.
---------------------------------------------------------------------------
    \1\A Brief History Commemorating the 70th Anniversary of the 
Publication of the First Issue of the Federal Register, Office of the 
Federal Register, available at: http://www.archives.gov/federal-
register/the-federal-register/history.pdf.
---------------------------------------------------------------------------
    In the twenty years since the first electronic edition of 
the Federal Register, OFR and GPO have made significant 
technological advancements. FederalRegister.gov, jointly 
administered by OFR and GPO, was built with extensive 
navigation aids and links to related materials.\2\ Public 
inspection of agency submissions, prior to official publication 
in the Federal Register, is now available online.\3\
---------------------------------------------------------------------------
    \2\About Us, Federal Register, www.federalregister.gov/blog/policy/
about-us (last visited July 1, 2014).
    \3\Id.
---------------------------------------------------------------------------
    The Archivist of the United States requested the Federal 
Register Modernization Act ``to take advantage of modern 
technology to improve efficiency.''\4\ The bill will allow OFR 
to ``increase interaction with the public and improve 
interoperability with other federal systems dealing with agency 
rulemaking.''\5\
---------------------------------------------------------------------------
    \4\Letter from David S. Ferriero, Archivist, NARA, to John Boehner, 
Speaker, House of Representatives, (Nov. 12, 2013).
    \5\Id.
---------------------------------------------------------------------------

                          LEGISLATIVE HISTORY

    The Federal Register Modernization Act was introduced by 
Chairman Darrell Issa on March 11, 2014. The bill was referred 
to the House Committee on Oversight and Government Reform. H.R. 
4195 was considered during a full Committee business meeting on 
March 12, 2014. The Committee by voice vote ordered the bill 
favorably reported to the House of Representatives.

                           Section-by-Section

Section 1: Short title

    Establishes the short title of the bill as the ``Federal 
Register Modernization Act.''

Section 2: Federal Register modernization

    Amends the Federal Register Act, Chapter 15 of title 44 of 
the United States Code by replacing all references to ``print'' 
with ``publish'' and defining publish to mean circulate or 
distribute. Eliminates the requirement that agencies provide 
multiple copies of documents submitted to the Federal Register.

                       Explanation of Amendments

    H.R. 4195 passed without amendment.

                        Committee Consideration

    On March 12, 2014, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4195, by voice vote, 
a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill creates flexibility for the Office of the Federal 
Register and the U.S. Government Printing Office to adjust to 
new technologies by removing outdated statutory requirements. 
As such this bill does not relate to employment or access to 
public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                    Duplication of Federal Programs

    No provision of H.R. 4195 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Section 2 amends 44 U.S.C. Sec. 1506, an existing directed 
rulemaking requiring the Administrative Committee of the 
Federal Register to issue regulations related to the 
promulgation of the federal register. H.R. 4195 amends this 
section to update some of the specific matters to be addressed 
by the Committee, in accordance with the purposes of this bill.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 4195 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 4195. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 4195 from the Director of 
Congressional Budget Office:

                                                     April 1, 2014.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4195, the Federal 
Register Modernization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4195--Federal Register Modernization Act

    CBO estimates that enacting H.R. 4195 would have no 
significant effect on the federal budget. The legislation would 
amend federal laws regarding the Federal Register and the Code 
of Federal Regulations (CFR), which provide comprehensive 
information about actions of the United States Government. The 
legislation would end requirements to print the Federal 
Register or the CFR and for agencies to provide multiple copies 
of their submissions to the Federal Register. The bill would 
change references from printing those publications to 
publishing them, and publishing could include making those 
publications available online.
    Under the Federal Register Act, the Office of the Federal 
Register (OFR) within the National Archives and Records 
Administration (NARA) produces the Federal Register. That 
publication compiles and organizes thousands of rules, 
regulations, executive orders, presidential documents, and 
notices generated by federal departments and agencies. 
Currently, the Federal Register is updated daily and is printed 
and published Monday through Friday, except federal holidays. 
The OFR, working with the Government Printing Office (GPO), has 
made the Federal Register available online since 1994. In 
addition, the OFR produces the CFR, which contains all agency 
rules that first appeared in the Federal Register.
    Under the legislation, OFR would no longer be required to 
print the Federal Register or CFR, but would still have to make 
it available online. Based on information from NARA and GPO, 
CBO expects that copies of the Federal Register and CFR would 
continue to be produced following enactment of H.R. 4195 to 
meet the demand for printed documents. We expect agencies' 
administrative costs would be reduced because fewer copies of 
printed material would be submitted to the Federal Register, 
but we estimate that any such savings over the next five years 
would be small because most of the costs associated with the 
submission of those documents involves their preparation, not 
their duplication.
    H.R. 4195 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 44, UNITED STATES CODE

           *       *       *       *       *       *       *

      CHAPTER 15--FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS

Sec.
1501. Definitions.
[1502. Custody and printing of Federal documents; appointment of 
          Director.
[1503. Filing documents with Office; notation of time; public 
          inspection; transmission for printing.
[1504. ``Federal Register''; printing; contents; distribution; price.]
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. 1501. Definitions

  As used in this chapter, unless the context otherwise 
requires--
            ``document'' means a Presidential proclamation or 
        Executive order and an order, regulation, rule, 
        certificate, code of fair competition, license, notice, 
        or similar instrument, issued, prescribed, or 
        promulgated by a Federal agency;
            ``Federal agency'' or ``agency'' means the 
        President of the United States, or an executive 
        department, independent board, establishment, bureau, 
        agency, institution, commission, or separate office of 
        the administrative branch of the Government of the 
        United States but not the legislative or judicial 
        branches of the Government;
            ``person'' means an individual, partnership, 
        association, or corporation; [and]
           ``publish'' means to circulate for sale or 
        distribution to the public; and
            ``National Archives of the United States'' has the 
        same meaning as in section 2901(11) of this title.

Sec. 1502. Custody and [printing]  publishing of Federal documents; 
                    appointment of Director

  The Archivist of the United States, acting through the Office 
of the Federal Register, is charged with the custody and, 
together with the Public Printer, with the prompt and uniform 
[printing and distribution] publishing of the documents 
required or authorized to be published by section 1505 of this 
title. There shall be at the head of the Office a director, 
appointed by, and who shall act under the general direction of, 
the Archivist of the United States in carrying out this chapter 
and the regulations prescribed under it.

[Sec. 1503. Filing documents with Office; notation of time; public 
                    inspection; transmission for printing

  [The original and two duplicate originals or certified copies 
of a document required or authorized to be published by section 
1505 of this title shall be filed with the Office of the 
Federal Register, which shall be open for that purpose during 
all hours of the working days when the National Archives 
Building is open for official business. The Archivist of the 
United States shall cause to be noted on the original and 
duplicate originals or certified copies of each document the 
day and hour of filing. When the original is issued, 
prescribed, or promulgated outside the District of Columbia, 
and certified copies are filed before the filing of the 
original, the notation shall be of the day and hour of filing 
of the certified copies. Upon filing, at least one copy 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 of the Federal 
Register and authorized by the Archivist pursuant to 
regulations issued under chapter 33 of this title; 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 immediately to the Government Printing Office 
for printing, as provided by this chapter, one duplicate 
original or certified copy of each document required or 
authorized to be published by section 1505 of this title. Every 
Federal agency shall cause to be transmitted for filing the 
original and the duplicate originals or certified copies of all 
such documents issued, prescribed, or promulgated by the 
agency.

[Sec. 1504. ``Federal Register''; printing; contents; distribution; 
                    price

  [Documents required or authorized to be published by section 
1505 of this title shall be printed and distributed immediately 
by the Government Printing Office in a serial publication 
designated the ``Federal Register.'' The Public Printer shall 
make available the facilities of the Government Printing Office 
for the prompt printing and distribution 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 shall comprise 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 distribution fixed by 
regulations under this chapter. There shall be printed with 
each document a copy of the notation, required to be made by 
section 1503 of this title, of the day and hour when, upon 
filing with the Office, the document was made available for 
public inspection. Distribution shall be made by delivery or by 
deposit at a post office 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 of this title without 
reference to the restrictions placed upon and fixed for the 
sale of Government publications by sections 1705 and 1708 of 
this title.]

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 of this title 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 of this title; 
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 Printing 
Office, as provided by this chapter, each document required or 
authorized to be published by section 1505 of this title. Every 
Federal agency shall cause to be transmitted for filing the 
original of all such documents issued, prescribed, or 
promulgated by the agency.

Sec. 1504. ``Federal Register''; publishing; contents; distribution; 
                    price

  Documents required or authorized to be published by section 
1505 of this title shall be published immediately by the 
Government Printing Office in a serial publication designated 
the ``Federal Register''. The Public Printer shall make 
available the facilities of the Government Printing 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 this title, 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 of this title without reference to the 
restrictions placed upon and fixed for the sale of Government 
publications by sections 1705 and 1708 of this title.

Sec. 1505. Documents to be published in Federal Register

  (a) * * *
  (b) Documents Authorized To Be Published by Regulations; 
[Comments] News Commentary and News Items Excluded.--In 
addition to the foregoing there shall also be published in the 
Federal Register other documents or classes of documents 
authorized to be published by regulations prescribed under this 
chapter with the approval of the President, but [comments] news 
commentary or news items of any character may not be published 
in the Federal Register.
  (c) Suspension of Requirements for Filing of Documents; 
Alternate Systems for Promulgating, Filing, or Publishing 
Documents; Preservation of Originals.--In the event of an 
attack or threatened attack upon the continental United States 
and a determination by the President that as a result of an 
attack or threatened attack--
          (1) * * *
          (2) under existing conditions publication in the 
        Federal Register would not serve to give appropriate 
        notice to the public of the contents of documents, the 
        President may, without regard to any other provision of 
        law, suspend all or part of the requirements of law or 
        regulation for filing with the Office or publication in 
        the Federal Register of documents or classes of 
        documents.
  The suspensions shall remain in effect until revoked by the 
President, or by concurrent resolution of the Congress. The 
President shall establish alternate systems for promulgating, 
filing, or publishing documents or classes of documents 
affected by such suspensions, including requirements relating 
to their effectiveness or validity, that may be considered 
under the then existing circumstances practicable to provide 
public notice of the issuance and of the contents of the 
documents. The alternate systems may, without limitation, 
provide for the use of regional or specialized publications or 
depositories for documents, or of the press, the radio, 
telecommunications, the Internet, or similar mediums of general 
communication. Compliance with alternate systems of filing or 
publication shall have the same effect as filing with the 
Office or publication in the Federal Register under this 
chapter or other law or regulation. With respect to documents 
promulgated under alternate systems, each agency shall preserve 
the original [and two duplicate originals or two certified 
copies] document for filing with the Office when the President 
determines that it is practicable.

[Sec. 1506. Administrative Committee of the Federal Register; 
                    establishment and composition; powers and duties

   [The Administrative Committee of the Federal Register shall 
consist of the Archivist of the United States or Acting 
Archivist, who shall be chairman, an officer of the Department 
of Justice designated by the Attorney General, and the Public 
Printer or Acting Public Printer. 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, among other things--
          [(1) the manner of certification of copies required 
        to be certified under section 1503 of this title, which 
        certification may be permitted to be based upon 
        confirmed communications from outside the District of 
        Columbia;
          [(2) the documents which shall be authorized under 
        section 1505(b) of this title to be published in the 
        Federal Register;
          [(3) the manner and form in which the Federal 
        Register shall be printed, reprinted, and compiled, 
        indexed, bound, and distributed;
          [(4) the number of copies of the Federal Register, 
        which shall be printed, reprinted, and compiled, the 
        number which shall be distributed without charge 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; and
          [(5) the prices to be charged for individual copies 
        of, and subscriptions to, the Federal Register and 
        reprints and bound volumes of it.]

Sec. 1506. Administrative Committee of the Federal Register; 
                    establishment and composition; powers and 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 Public Printer or Acting Public Printer. 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) of this title to be published in the 
        Federal Register;
          (2) the manner and form in which the Federal Register 
        shall be published;
          (3) 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;
          (4) the prices to be charged for individual copies 
        of, and subscriptions to, the Federal Register and any 
        reprints and bound volumes of it;
          (5) the manner and form by which the Federal Register 
        may receive information and comments from the public, 
        if practicable and efficient; and
          (6) special editions of the Federal Register.

Sec. 1507. Filing document as constructive notice; publication in 
                    Federal Register as presumption of validity; 
                    judicial notice; citation

   A document required by section 1505(a) of this title to be 
published in the Federal Register is not valid as against a 
person who has not had actual knowledge of it until [the 
duplicate originals or certified copies of the document have] 
the document has been filed with the Office of the Federal 
Register and a copy made available for public inspection as 
provided by section 1503 of this title. Unless otherwise 
specifically provided by statute, filing of a document, 
required or authorized to be published by section 1505 of this 
title, except in cases where notice by publication is 
insufficient in law, is sufficient to give notice of the 
contents of the document to a person subject to or affected by 
it. The publication in the Federal Register of a document 
creates a rebuttable presumption--
          (1) * * *
          (2) that it was filed with the Office of the Federal 
        Register and made available for public inspection at 
        the day and hour stated in the [printed] published 
        notation;

           *       *       *       *       *       *       *

Sec. 1509. Costs of publication, etc.

  (a) The cost of [printing, reprinting, wrapping, binding, and 
distributing] publishing the Federal Register and the Code of 
Federal Regulations, and, except as provided in subsection (b), 
other expenses incurred by the Government Printing Office in 
carrying out the duties placed upon it by this chapter shall be 
charged to the revolving fund provided in section 309. 
Reimbursements for such costs and expenses shall be made by the 
Federal agencies and credited, together with all receipts, as 
provided in section 309(b).
  (b) The cost of [printing, reprinting, wrapping, binding, and 
distributing] publishing all other publications of the Federal 
Register program, and other expenses incurred by the Government 
Printing Office in connection with such publications, shall be 
borne by the appropriations to the Government Printing Office 
and the appropriations are made available, and are authorized 
to be increased by additional sums necessary for the purposes, 
the increases to be based upon estimates submitted by the 
Public Printer.

[Sec. 1510. Code of Federal Regulations

  [(a) 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 special or supplemental editions of the Federal Register of 
complete codifications 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 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) A codification published under subsection (a) of this 
section shall be printed and bound in permanent form and shall 
be designated as the ``Code of Federal Regulations.'' The 
Administrative Committee shall regulate the binding of the 
printed codifications into separate books with a view to 
practical usefulness and economical manufacture. Each book 
shall contain an explanation of its coverage and other aids to 
users that the Administrative Committee may require. A general 
index to the entire Code of Federal Regulations shall be 
separately printed and bound.
  [(c) The Administrative Committee shall regulate the 
supplementation and the collation and republication of the 
printed codifications with a view to keeping the Code of 
Federal Regulations as current as practicable. Each book shall 
be either supplemented or collated and republished at least 
once each calendar year.
  [(d) The Office of the Federal Register shall prepare and 
publish the codifications, supplements, collations, and indexes 
authorized by this section.
  [(e) The codified documents of the several agencies published 
in the supplemental edition of the Federal Register 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) The Administrative Committee shall prescribe, with the 
approval of the President, regulations for carrying out this 
section.
  [(g) 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.]

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, 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.

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