POSITIVE LAW CODIFICATION
TITLE 10, UNITED STATES CODE


Technical Correction to Section 2631 of Title 10, United States Code



BACKGROUND

The Act of April 28, 1904 (ch. 1766, 33 Stat. 518, 519) (hereafter, the "source provision") provided that only vessels of the United States may be used in the transportation by sea of certain supplies bought for the armed forces "unless the President shall find that the rates of freight charges by said vessels are excessive and unreasonable" (emphasis added).


In 1956, title 10, United States Code, was enacted as a positive law title of the Code by the Act of August 10, 1956 (ch. 1041, 70A Stat. 1). Section 53 of that Act (70A Stat. 641, 652) repealed the source provision, and section 1 of that Act (70A Stat. 1, 146) replaced the source provision with section 2631 of title 10, United States Code. Section 2631 of title 10, United States Code, was intended to restate the source provision without changing its meaning or effect (see section 49(a) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640)). However, in section 2631 of title 10, United States Code, the words "excessive or otherwise unreasonable" were substituted for the words "excessive and unreasonable". No revision note was provided to explain the change in language, and since the change in language can be misread to alter the meaning and effect of the source provision, the change in language was inappropriate and should not have been made.


The Office of the Law Revision Counsel prepared a draft bill making a technical amendment to section 2631 of title 10, United States Code, to clarify that the original meaning and effect of the source provision was preserved and carried forward in the restatement of the source provision in section 2631 of title 10, United States Code.


HISTORY OF ACTIVITY INCLUDING PREDECESSOR BILLS

  • October 30, 2018.—The Office of the Law Revision Counsel circulated a draft bill (and accompanying explanation) to interested parties and requested comment.
  • November 20, 2018.—The Office of the Law Revision Counsel submitted an initial draft bill (and accompanying explanation) to the House Committee on the Judiciary for introduction in the 115th Congress.
  • March 6, 2019.—The Office of the Law Revision Counsel resubmitted an initial draft bill (and accompanying explanation) to the House Committee on the Judiciary for introduction in the 116th Congress.
  • April 7, 2021.—The Office of the Law Revision Counsel terminated the project. No action on the project was taken by the House Committee on the Judiciary from 2018 through 2020. On January 1, 2021, the matter was effectively resolved by section 1024(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283, 134 Stat. 3841). A general amendment to section 2631 of title 10, United States Code, was enacted, and that general amendment obviated the need for any further clarifying technical amendment.

QUESTIONS & COMMENTS

Questions and comments about the project may be directed to:


     Rob Sukol
     Deputy Law Revision Counsel
     Office of the Law Revision Counsel
     U.S. House of Representatives
     Washington, D.C. 20515

     Email: [email protected]
     Telephone: (202) 226-2411