§ 1505. Documents to be published in Federal Register

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(a)Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress. There shall be published in the Federal Register—

(1)Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof;

(2)documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and

(3)documents or classes of documents that may be required so to be published by Act of Congress.

For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect.

(b)Documents Authorized To Be Published by Regulations; 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under this chapter with the approval of the President, but news commentary or news items of any character may not be published in the Federal Register.

(c)Alternative Publication.— In a continuity of operations event in which the Government Publishing Office does not fulfill the publication requirements of this chapter, the Office of the Federal Register may establish an alternative method to publish the Federal Register until such time that the Government Publishing Office resumes publication.

(d)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)publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or

(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 document for filing with the Office when the President determines that it is practicable.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274; Pub. L. 118–267, § 2(e), Jan. 4, 2025, 138 Stat. 2984.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964, ed., § 305 (July 26, 1935, ch. 417, § 5, 49 Stat. 501; June 25, 1956, ch. 444, 70 Stat. 337).

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