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 Section 53 of that Act (70A Stat. 641, 652) repealed the source provision, and section 1 of that Act (70A Stat. 1, 146) replaced the source provision with section 2631 of title 10, United States Code.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 amendment made by this bill clarifies that the original meaning and effect of the source provision is preserved and carried forward in the restatement of the source provision in section 2631 of title 10, United States Code.


MAJOR ACTIONS AND STATUS

  • October 30, 2018.—The Office of the Law Revision Counsel circulated a draft bill (and accompanying explanation) to interested parties and requested comment.

RELATED LINKS

(1) BILL (draft bill to enact a technical correction to section 2631 of title 10, United States Code)

(2) EXPLANATION (explanation of draft bill)

QUESTIONS & COMMENTS

Questions and comments about the draft bill should be directed to:


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

     Email: robert.sukol@mail.house.gov
     Telephone: (202) 226-2411