Federal Register Modernization Act

Federal Register Modernization Act
Great Seal of the United States
Full title To amend chapter 15 of title 44, United States Code (commonly known as the Federal Register Act), to modernize the Federal Register, and for other purposes.
Introduced in 113th United States Congress
Introduced on March 11, 2014
Sponsored by Rep. Darrell E. Issa (R, CA-49)
Number of Co-Sponsors 2
Effects and Codifications
U.S.C. section(s) affected 44 U.S.C. § 1505, 44 U.S.C. § 1509, 44 U.S.C. § 1503, 44 U.S.C. § 1510, 44 U.S.C. § 1507, and others.
Agencies affected Administrative Committee of the Federal Register, United States Department of Justice, National Archives and Records Administration, Executive Office of the President, Government Printing Office
Legislative history

The Federal Register Modernization Act (H.R. 4195) is a bill that would require the Federal Register to be published (e.g., by electronic means), rather than printed, and that documents in the Federal Register be made available for sale or distribution to the public in published form.[1]

The bill was introduced into the United States House of Representatives during the 113th United States Congress. It passed the House on July 14, 2014.[2]

Background

Main article: Federal Register

The Federal Register is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices.[3] It is published daily, except on federal holidays. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter and codified in the Code of Federal Regulations (CFR), which is updated annually. In essence, the Federal Register is a way for the government to announce changes to government requirements, policies and guidance to the public. The notice and comment process, as outlined in the Administrative Procedure Act, gives the people a chance to participate in agency rulemaking. Publication of documents in the Federal Register also constitutes constructive notice, and its contents are judicially noticed.[4]

Provisions of the bill

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source.[1]

The Federal Register Modernization Act would require the Federal Register to be published (e.g., by electronic means), rather than printed, and that documents in the Federal Register be made available for sale or distribution to the public in published form. The bill would revise requirements for the filing of documents with the Office of the Federal Register for inclusion in the Federal Register and for the publication of the Code of Federal Regulations to reflect the publication requirement.[1]

The more important aspects of the bill require the Fed to adopt rules-based monetary policy. The alternative is to allow the Fed to adjust monetary policy as and when circumstances require. In the view of some commentators, the new legislation begs certain questions. If the government is anxious that the Fed may in the future be unable to make appropriate decisions despite being aware of the events that precede the decision, how can it be confident that the rules it sets today will adjust monetary policy appropriately in the future despite its ignorance of the events that may pass between now and then?[5]

Fed Chair Janet Yellen opposed the bill, expressing concern that it would politicize national monetary policy.[6]

The irony of the bill is that it was proposed and pushed through by the Republican party, which has generally been more opposed than the Democratic party to quantitative easing.[7][8][9] By imposing a mathematical rule for adjusting monetary policy, the FORM Act allows for negative interest rates.[10] This is not the same thing as quantitative easing, but it has a similar intention. If quantitative easing is intended to get money into the economy for the purposes of investment, negative interest rates have the effect of punishing parties who choose instead to store money in a bank. The adage "Use it or lose it" applies.

Congressional Budget Office report

This summary is based largely on the summary provided by the Congressional Budget Office, as ordered reported by the House Committee on Oversight and Government Reform on March 12, 2014. This is a public domain source.[11]

The Congressional Budget Office (CBO) estimates that enacting H.R. 4195 would have no significant effect on the federal budget. The legislation would amend federal laws regarding the Federal Register and the Code of Federal Regulations (CFR), which provide comprehensive information about actions of the United States Government. The legislation would end requirements to print the Federal Register or the CFR and for agencies to provide multiple copies of their submissions to the Federal Register. The bill would change references from printing those publications to publishing them, and publishing could include making those publications available online.[11]

Under the Federal Register Act, the Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA) produces the Federal Register. That publication compiles and organizes thousands of rules, regulations, executive orders, presidential documents, and notices generated by federal departments and agencies. Currently, the Federal Register is updated daily and is printed and published Monday through Friday, except federal holidays. The OFR, working with the Government Printing Office (GPO), has made the Federal Register available online since 1994. In addition, the OFR produces the CFR, which contains all agency rules that first appeared in the Federal Register.[11]

Under the legislation, OFR would no longer be required to print the Federal Register or CFR, but would still have to make it available online. Based on information from NARA and GPO, CBO expects that copies of the Federal Register and CFR would continue to be produced following enactment of H.R. 4195 to meet the demand for printed documents. We expect agencies’ administrative costs would be reduced because fewer copies of printed material would be submitted to the Federal Register, but we estimate that any such savings over the next five years would be small because most of the costs associated with the submission of those documents involves their preparation, not their duplication.[11]

H.R. 4195 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments.[11]

Procedural history

The Federal Register Modernization Act was introduced into the United States House of Representatives on March 11, 2013 by Rep. Darrell E. Issa (R, CA-49).[2] It was referred to the United States House Committee on Oversight and Government Reform. On March 12, 2014, the Committee order the bill to be reported in a voice vote.[12] On July 3, 2014, it was reported alongside House Report 113-515.[2] On July 14, 2014, the House voted in Roll Call Vote 405 to pass the bill 386-0.[2][13]

Debate and discussion

The American Association of Law Libraries (AALL) strongly opposed the bill, arguing that the bill "undermines" citizens' "right to be informed" by making it more difficult for "citizens to find their government's regulations."[14] According to AALL, a survey they conducted "revealed that members of the public, librarians, researchers, students, attorneys, and small business owners continue to rely on the print" version of the Federal Register.[14] AALL also argued that the lack of print versions of the Federal Register and CFR would mean the 15 percent of Americans who don't use the internet would lose their access to that material.[14]

See also

References

  1. 1 2 3 "H.R. 4195 - Summary". United States Congress. Retrieved 14 July 2014.
  2. 1 2 3 4 "H.R. 4195 - All Actions". United States Congress. Retrieved 14 July 2014.
  3. ↑ http://www.gpo.gov/fdsys/pkg/USCODE-2011-title44/html/USCODE-2011-title44-chap15-sec1505.htm
  4. ↑ Kohlmetz, William J. (1948). "Administrative Law—The Effect of Publication in the Federal Register". Marquette Law Review. 32 (1): 58–64.
  5. ↑ http://www.thestreet.com/story/13376186/1/fed-s-independence-threatened-by-congress-and-that-s-a-bad-thing.html
  6. ↑ http://www.eldailypost.com/news/2015/11/yellen-warns-that-increased-fed-oversight-would-be-bad-policy/
  7. ↑ https://newrepublic.com/article/79739/washington-gop-opposition-quantitative-easing
  8. ↑ http://thehill.com/homenews/news/178285-gop-lawmakers-warn-bernanke-against-qe-3-
  9. ↑ http://money.cnn.com/2012/09/13/news/economy/republicans-fed-qe3/
  10. ↑ http://www.thestreet.com/story/13376186/1/fed-s-independence-threatened-by-congress-and-that-s-a-bad-thing.html
  11. 1 2 3 4 5 "CBO - H.R. 4195". Congressional Budget Office. Retrieved 14 July 2014.
  12. ↑ Hardy, Michael (12 March 2014). "Bill changes TSP default fund". Federal Times. Retrieved 14 July 2014.
  13. ↑ Medici, Andy (15 July 2014). "House passes bills to change TSP default fund, extend whistleblower protections". Federal Times. Retrieved 21 July 2014.
  14. 1 2 3 "The Federal Register and Code of Federal Regulations" (PDF). American Association of Law Libraries. Retrieved 14 July 2014.

External links

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