The original document required or authorized to be published by section 1505 shall be filed with the Office of the Federal Register for publication at times established by the Administrative Committee of the Federal Register by regulation. The Archivist of the United States shall cause to be noted on the original of each document the day and hour of filing. Upon filing, the document shall be immediately available for public inspection. The original shall be retained by the National Archives and Records Administration and shall be available for inspection under regulations prescribed by the Archivist, unless such original is disposed of in accordance with disposal schedules submitted by the Administrative Committee and authorized by the Archivist pursuant to regulations issued under chapter 33; however, originals of proclamations of the President and Executive orders shall be permanently retained by the Administration as part of the National Archives of the United States. The Office shall transmit to the Government Publishing Office, as provided by this chapter, each document required or authorized to be published by section 1505. Every Federal agency shall cause to be transmitted for filing the original of all such documents issued, prescribed, or promulgated by the agency.
Notes of Decisions
Humane Soc'y of the United States v. AGRI, 41 F.4th 564 (D.C. Cir. 2022).
· cites it 4× “44 U.S.C. § 1503 . Under OFR’s regulations, the document is then “held for confidential processing until it is filed for public inspection.”
Nat'l Ass'n of Mfrs. v. Nat'l Labor Relations Bd., 717 F.3d 947 (D.C. Cir. 2013).
· cites it 2× “Compare 44 U.S.C. § 1503 (“When the original [document required or authorized to be published] 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…”
Nat. Res. Def. Council v. U.S. Dep't of Energy, 362 F. Supp. 3d 126 (S.D. Ill. 2019).
· cites it 2× “The Federal Register Act requires that documents be "filed with [OFR] and a copy made available for public inspection as provided by [ 44 U.S.C. § 1503 ]." 44 U.S.C. § 1507 . These requirements are conjunctive, not disjunctive, precluding DOE's argument.”
Florida Manufactured Hous. Ass'n v. Cisneros, 53 F.3d 1565 (11th Cir. 1995).
“See 44 U.S.C.A. § 1503 (West 1991) (discussing special provision for filing with the Office of the Federal Register “[wjhen the original is issued, prescribed, or promulgated outside the District of Columbia”).”
United States v. Monroe, 408 F. Supp. 270 (N.D. Cal. 1976).
“Section 2 of the Federal Register Act, 44 U.S.C. § 1503 , as amended, provides: “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…”
Pub. Citizen Inc. v. Mineta, 343 F.3d 1159 (9th Cir. 2003).
“44 U.S.C. § 1503 states that “[t]he Archivist of the United States shall cause to be noted on the original and duplicate originals or certified copies of each document the day and hour of filing .”
Tabacos de Wilson, Inc. v. United States, 2018 CIT 138 (Ct. Intl. Trade 2018).
“ORDER Upon consideration of the parties’ claims and arguments, upon all filings and proceedings had in this action, and upon due deliberation; it is hereby ORDERED that, on or before December 17, 2018, the United States shall file with the Office of the Federal Register (see 44…”
Humane Soc'y of the United States v. United States Dep't of Agric. (D.D.C. 2020).
“See 44 U.S.C. § 1503 . Like the Court of Appeals in Kennecott, however, the Court agrees with defendants that permitting agencies to withdraw rules prior to publication “helps assure that regulations appearing in the Federal Register are as correct as possible in both form and…”
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