APPENDIX Statutes and Regulations Prescribing Form of Presidential Documents and Procedures for Their Issuance TITLE 44-PUBLIC PRINTING AND DOCUMENTS Sec. 1501. 1502. CHAPTER 15-FEDERAL REGISTER AND Definitions. Custody and printing of Federal documents; appointment of Director. 1503. Filing documents with Office; notation of time; public inspection; transmission for printing. 1504. 1505. "Federal Register"; printing; contents; distribution; price. 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties. 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; judicial notice; citation. Publication in Federal Register as notice of hearing. 1508. 1509. 1510. 1511. Cost of publication; appropriations authorized; penalty mail privilege. International agreements excluded from provisions of chapter. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 77sss. 44 U.S.C. 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. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1273.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 304 (July 26, 1935, ch. 417, § 4, 49 Stat. 501). 44 U.S.C. 1502. CUSTODY AND PRINTING OF FEDERAL DOCUMENTS; APPOINTMENT OF DIRECTOR The Administrator of General Services, 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 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 Administrator of General Services in carrying out this chapter and the regulations prescribed under it. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1273.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 301 (July 26, 1935, ch. 417, § 1, 49 Stat. 500; 1939 Reorg. Plan No. II, § 202, eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1435; June 30, 1949, ch. 288, title I, § 104 (a), 63 Stat. 381). 44 U.S.C. 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 Administrator of General Services 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 in the archives of the National Archives of the United States and shall be available for inspection under regulations prescribed by the Administrator. 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. (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1274.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 302 (July 26, 1935, ch. 417, § 2, 49 Stat. 500; June 30, 1949, ch. 288, title I, § 104 (a), 63 Stat. 381). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1504, 1506, 1507 of this title. 44 U.S.C. 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 distri bution 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. (Pub. L. 90-620, Oct 22, 1968, 82 Stat. 1274.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 303 (July 26, 1935, ch. 417, § 3, 49 Stat. 500). 44 U.S.C. 1505. DOCUMENTS TO BE PUBLISHED IN FEDERAL REGISTER (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; comments 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 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) 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, 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 for filing with the Office when the President determines that it is practicable. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1274.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 305 (July 26, 1935, ch. 417, § 5, Stat. 501; June 25, 1956, ch. 444, 70 Stat. 337). Ex. ORD. No. 11030. PREPARATION, PRESENTATION, FILING, AND PUBLICATION OF EXECUTIVE ORDERS AND PROCLAMATIONS Ex. Ord. No. 11030, June 19, 1962, 27 F.R. 5847, as amended by Ex. Ord. 11354, May 23, 1967, 32 F.R. 7695, provided: By virtue of the authority vested in me by the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. et seq.) [now this chapter], and as President of the United States, I hereby prescribe the following regulations governing the preparation, presentation, filing, and publication of Executive orders and proclamations: SECTION 1. Form. Proposed Executive orders and proclamations shall be prepared in accordance with the following requirements: (a) The order or proclamation shall be given a suitable title. (b) The order or proclamation shall contain a citation of the authority under which it is issued. (c) Punctuation, capitalization, spelling, and other matters of style shall, in general, conform to the most recent edition of the Style Manual of the United States Government Printing Office. (d) The spelling of geographic names shall conform to the decisions of the Board on Geographic Names, established by Section 2 of the Act of July 25, 1947, 61 Stat. 456 (43 U.S.C. 364a). (e) Descriptions of tracts of land shall conform, so far as practicable, to the most recent edition of the "Specifications for Description of Tracts of Land for Use in Executive Orders and Proclamations," prepared by the Bureau of Land Management, Department of the Interior. (f) Proposed Executive orders and proclamations shall be typewritten on paper approximately 8 x 13 inches, shall have a left-hand margin of approximately 11⁄2 inches and a right-hand margin of approximately 1 inch, and shall be double-spaced, except that quotations, tabulations, and descriptions of land may be single-spaced. (g) Proclamations issued by the President shall conclude with the following described recitation— IN WITNESS WHEREOF, I have hereunto set my hand this day of in the year of our lord pendence of the United States of America, the and of the Inde SEC. 2. Routing and approval of drafts. (a) A proposed Executive order or proclamation shall first be submitted, with seven copies thereof, to the Director of the Bureau of the Budget [now Office of Management and Budget], together with a letter, signed by the head or other properly authorized officer of the originating Federal agency, explaining the nature, purpose, background, and effect of the proposed Executive order or proclamation and its relationship, if any, to pertinent laws and other Executive orders or proclamations. (b) If the Director of the Bureau of the Budget [now Office of Management and Budget] approves the proposed Executive order or proclamation, he shall transmit it to the Attorney General for his consideration as to both form and legality. (c) If the Attorney General approves the proposed Executive order or proclamation, he shall transmit it to the Director of the Office of the Federal Register, National Archives and Records Service, General Services Administration: Provided, that in cases involving sufficient urgency the Attorney General may transmit it directly to the President; and provided further, that the authority vested in the Attorney General by this section may be delegated by him, in whole or in part, to the Deputy Attorney General, Solicitor General, or to such Assistant Attorney General as he may designate. (d) After determining that the proposed Executive order or proclamation conforms to the requirements of Section 1 of this order and is free from typographical or clerical errors, the Director of the Office of the Federal Register shall transmit it and three copies thereof to the President. (e) If the proposed Executive order or proclamation is disapproved by the Director of the Bureau of the Budget [now Office of Management and Budget], it shall not thereafter be presented to the President unless it is accompanied by a statement of the reasons for such disapproval. SEC. 3. Routing and certification of originals and copies. (a) If the order or proclamation is signed by the President, the original and two copies thereof shall be forwarded to the Director of the Office of the Federal Register for publication in the FEDERAL REGISTER. (b) The Office of the Federal Register shall cause to be placed upon the copies of all Executive orders and proclamations forwarded as provided in subsection (a) of this section the following notation, to be signed by the Director or by some person authorized by him to sign such notation: "Certified to be a true copy of the original." SEC. 4. Proclamations calling for the observance of special days or events. Except as may be otherwise provided by law, responsibility for the preparation and presentation of proposed proclamations calling for the observance of special days, or other periods of time, or events shall be assigned by the Director of the Bureau of the Budget [now Office of Management and Budget] to such agencies as he may consider appropriate. Such proposed proclamations shall be submitted to the Director at least sixty days before the date of the specified observance. SEC. 5. Proclamations of treaties excluded. Consonant with the provisions of section 12 of the Federal Register Act (49 Stat. 503; 44 U.S.C. 312) [now section 1511 of this title], nothing in this order shall be construed to apply to treaties, conventions, protocols, or other international agreements, or proclamations thereof by the President. SEC. 6. Definition. The term "Presidential proclamations and Executive orders," as used in Section 5(a) of the Federal Register Act (44 U.S.C. 305(a)) [now subsec. (a) of this section], shall, except as the President or his representative may hereafter otherwise direct, be deemed to include such attachments thereto as are referred to in the respective proclamations or orders. SEC. 7. Prior order. Upon its publication in the FEDERAL REGISTER, this order shall supersede Executive Order No. 10006 of October 9, 1948. The regulations prescribed by this order shall be codified under Title 1 of the Code of Federal Regulations. JOHN F. KENNEDY. |