Agencies submitting documents will have to certify that their documents relate to emergency activities authorized under the Antideficiency Act.

If Government Shuts Down, Some Regs Can Be Published

The Office of the Federal Register spelled out how documents "directly related" to the government functions that address imminent threats to life or property will be published as required.

While the president has signed a short-term bill funding federal operations through March 18, the prospect of a government shutdown has not disappeared. Accordingly, the Office of the Federal Register published a notice of special procedures that spells out how documents "directly related" to the government functions that address imminent threats to life or property will be published as required during an appropriations lapse.

The office says it cannot make case-by-case determinations, so it is placing responsibility on agencies that submit documents to certify the documents relate to emergency activities authorized under the Antideficiency Act.

An Aug. 16, 1995, opinion of the Office of Legal Counsel of the Department of Justice said functions and services that would qualify include activities such as those related to the constitutional duties of the president, food and drug inspection, air traffic control, responses to natural or man-made disasters, law enforcement, and supervision of financial markets. "Documents related to normal or routine activities of Federal agencies, even if funded under prior year appropriations, will not be published," the notice states.

The contacts for information are Amy Bunk, director of Legal Affairs and Policy, and Miriam Vincent, staff attorney for the Office of the Federal Register at the National Archives and Records Administration, 202-741-6030 or Fedreg.legal@nara.gov.

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  • OHS Magazine Digital Edition - June 2019

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