The Federal Register Modernization Act, signed into law, updates the Federal Register Act of 1935 to reflect advancements in digital technology. The Act introduces several procedural changes to modernize how federal documents are published and accessed, addressing the increasing reliance on digital formats for information dissemination.
Historical Context
The Federal Register was established in 1935 during President Franklin D. Roosevelt’s administration to serve as the daily journal of the federal government. It provides public notice of proposed and final regulations, presidential documents, and other agency notices. For nearly 90 years, the Federal Register has been a critical tool for maintaining transparency and accountability in government operations, traditionally available in print format.
As digital technology became central to communication, the limitations of a print-based Federal Register became apparent. The Modernization Act aims to address these limitations while maintaining the Register’s role as an authoritative source of government information.
Provisions of the Act
The Act makes the following updates to Title 44 of the United States Code:
• Terminology Change : The term “printing” is replaced with “publishing” to reflect the shift from physical print to digital distribution.
• Definition of Publishing : The Act explicitly defines “publish” to include digital formats, allowing documents to be disseminated electronically.
• Filing and Inspection Procedures : Revised procedures clarify how documents are filed and made available for public inspection, streamlining the process.
• Prima Facie Evidence : Documents published in the Federal Register now serve as prima facie evidence of their content and effectiveness from the date of publication, reinforcing their legal authority.
Impact of the Changes
The transition to digital formats aims to improve public access to government records. Citizens, legal professionals, and researchers can expect more efficient access to federal documents, eliminating the dependency on physical copies.
The Act also includes procedural updates for the Administrative Committee of the Federal Register to ensure the consistent and reliable publication of government information.