§ 1505. — Documents to be published in Federal Register.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC1505]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 15--FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS
Sec. 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items of any character may not be published in the Federal Register.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., Sec. 305 (July 26, 1935, ch. 417,
Sec. 5, 49 Stat. 501; June 25, 1956, ch. 444, 70 Stat. 337).
Delegation of Functions
For delegation of functions vested in President by section 5(a) of
Federal Register Act [now subsec. (a) of this section], to Attorney
General and Archivist of United States, see section 6(a) of Ex. Ord. No.
10530, May 11, 1954, 19 F.R. 2709, as amended, set out as a note under
section 301 of Title 3, The President. See, also, section 103(b)(1) of
Pub. L. 98-497, set out as a note under section 2102 of this title.
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; Ex. Ord. No. 12080, Sept. 18,
1978, 43 F.R. 42235; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617,
provided:
By virtue of the authority vested in me by the Federal Register Act
(49 Stat. 500, as amended; 44 U.S.C. 301 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
Descriptions 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 1\1/2\ 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 ________, and of the Independence of
the United States of America, the ________.
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 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 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 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 Office of Management and Budget or by the
Attorney General, 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 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. Notwithstanding the
provisions of Section 2, the Director shall transmit any approved
commemorative proclamations to the President.
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. 1511), 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. 1505(a)), 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.
Section Referred to in Other Sections
This section is referred to in sections 1502-1504, 1506, 1507 of
this title.
