Federal Register Publication Procedures During Funding Hiatus

Detected March 14th, 2026

Summary

The Office of the Federal Register (OFR) has issued a notice detailing special procedures for agencies publishing documents during a government funding hiatus. Agencies must now provide an exception letter justifying and certifying that any document submitted for publication meets an exception under the Antideficiency Act.

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What changed

The Office of the Federal Register (OFR) has announced special procedures for agencies submitting documents for publication during a lapse in appropriations. Under these new procedures, agencies must now include an exception letter with any document submitted during a funding hiatus. This letter must provide a justification and certify that the publication meets an exception to the Antideficiency Act (ADA), such as an emergency exception or one that prevents significant damage to funded functions. The OFR will only publish documents that meet these criteria and are accompanied by the required certification.

Agencies are responsible for providing this justification and certification; the OFR will not review documents without it. Executive branch agencies should use a template available on the OFR website. This change impacts how agencies ensure continuity of operations and necessary publications during potential government shutdowns, requiring proactive compliance with the ADA exception requirements to avoid delays or non-publication of critical documents.

What to do next

Review OFR guidance on exception letters for publication during funding hiatuses.
Develop and implement a process for generating ADA exception letters for documents submitted during appropriations lapses.
Ensure all submitted documents during a hiatus include a properly justified and certified exception letter.

Source document (simplified)

Content

ACTION:

Notice of special procedures.

SUMMARY:

During an appropriations lapse, the Office of the Federal Register (OFR) publishes documents that meet an exception under
the Antideficiency Act (ADA). It is the responsibility of the agency submitting a document for publication during an appropriations
lapse to provide an exception letter with the document that includes a justification and a certification that the document
is authorized under an exception to the Antideficiency Act.

FOR FURTHER INFORMATION CONTACT:

Liza Davis, Esq., Director of Legal Affairs and Policy, Office of the Federal Register, National Archives and Records Administration,
(202) 741-6030 or Fedreg.legal@nara.gov.

SUPPLEMENTARY INFORMATION:

In accordance with the provisions of the

  Antideficiency Act (ADA), Public Law 97-258, as amended (31 U.S.C. 1341, 1342), and Office of Legal Counsel (OLC) Opinions *Government Operations in the Event of a Lapse in Appropriations* (19 Op. O.L.C. 301, August 16, 1995), and *Effect of Appropriations for Other Agencies and Branches on the Authority to Continue Department of Justice Functions During
     the Lapse in the Department's Appropriations* (19 Op. O.L.C. 337, December 13, 1995), the OFR announces special procedures for agencies transmitting documents for publication
  in the 
  Federal Register
  during a lapse in appropriations.

During an appropriations lapse, the OFR remains open to accept and process documents authorized to be published in the
Federal Register
in the absence of continuing appropriations. An agency wishing to transmit a document to the OFR during an appropriations
lapse must attach an exception letter to the document which provides a justification and certifies that publication in the

  Federal Register
  is necessary. The OFR will only publish documents submitted during an appropriations lapse that meet an exception to the ADA,
  with sufficient justification that the document meets the ADA exception as provided by the publishing agency. This may include
  documents that directly relate to the performance of governmental functions necessary to address imminent threats to the safety
  of human life or protection of property (the ADA emergency exception) or that meet another exception to the ADA, as well as
  documents related to funded programs if delaying publication until the end of the appropriations lapse would prevent or significantly
  damage the execution of funded functions at the agency. It is the responsibility of the agency submitting a document for publication
  to include an exception letter that provides justification and certifies that the document is authorized under the ADA; the
  OFR does not provide this justification for the submitting agency. This certification provides OFR with documentation that
  publication in the 
  Federal Register
  is a function or service excepted under the ADA.

Executive branch agencies and offices should use the template for the exception letter available on the OFR website at www.archives.gov/federal-register/agencies/shutdown-faqs. Legislative and judicial branch offices may use the template letter as a guide.

Special handling requests should be included in the exception letter. Do not submit two separate letters.

Documents received and scheduled for publication before the appropriations lapse began are not required to meet an ADA exception.

For final rule documents that contain incorporation by reference (IBR), agencies must submit a separate request for IBR approval
as per normal procedure, and must include sufficient justification that the rule document meets an exception to the ADA when
submitting the IBR request. The OFR will not review an IBR request that does not include a sufficient justification. Requests
without a sufficient justification will be held until the appropriations lapse is ended.

The OFR may suspend the regular publication schedule during an appropriations lapse to permit a limited number of excepted
personnel to process excepted documents. Agency officials will be informed as to the schedule for filing and publishing individual
documents.

The OFR has posted frequently asked questions and the excepted letter template on the following website: www.archives.gov/federal-register/agencies/shutdown-faqs.

Authority: 44 U.S.C. 1502; 1 CFR 2.4 and 5.1.

Liza Davis, Director of Legal Affairs and Policy, Office of the Federal Register. [FR Doc. 2026-02066 Filed 1-30-26; 8:45 am] BILLING CODE 0099-10-P