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Subject: US Code Scenario

Hi Everyone,

Here is the source document that shows the life cycle of a section in the US Code. Let me summarize:

-- 1958 -- Enactment

1)  Page "1" (as circled) show the original public law 85-568 enacted by the 85th Congress in 1958 that creates Section 206.
     - This is the original language.
     - It is published in Volume 72 (corresponding to 1958) of the United States Statutes at Large.

2)  On page "2" we see that Section 206 of public law 85-568 is "classified" to be Section 2476 of Title 42 - The Public Health and Welfare.
    - Note that the text is not identical to that which was enacted - headings have been added!!!
    - Also note the historical at the bottom identifying the origin of the section. California does this similarly.
    - Note that this was also published with the 1958 edition of the US Code.

-- 1970 -- 

3) On page "3" we see that, 12 years later that the section has not been amended and is published unchanged with the 1970 edition of the US Code.
    - There would have also been a 1964 edition but this is not shown

-- 1971 -- Amendment --

4) On page "4" we now see that Section 206 is amended by public law 92-68 enacted by the 92nd Congress in 1971.
    - In the "action line" (sorry, it's California terminology but it's useful), we see a double reference. The first reference is to section 206 in the NASA Act of 1958 and the secondarily, in parenthesis, we see a reference to the classified location in title 42 of the US Code.
    - Note that the reference to the public law uses the name given to the act and not its public law number of 85-568.

5) On page "5", we see that the amendment has been "executed" against section 2476 of title 42 in the 1971 supplement to the 1970 edition of the US Code.
    - Note that the history has been updated to reflect the amendment.
    - I'm not convinced this use of the word "executed" is totally correct. I think that the amendment is executed upon enactment. Whenever the supplement is published has little bearing on the execution date.

-- 2000 -- Amendment --

5) On page "6" we see that section 206 is again amended, this time by section 301 of public law 107-391 on 2000.
   - Again note the double reference - one to the public law (the statute) and one to the US Code.

6) On pages "7" and "8" we see this amendment reflected in the 2000 edition the US Code.
   - Note the evolving history note. This is the same as occurs in California.

-- 2006 --

7) On page "9" we see that section 2476 has not been amended again before the 2006 edition of the US Code is published.

-- 2010 -- Codification into Positive Law begins --

8) On page "10" we see the codification bill - which becomes public law 111-314 (the 111th Congress in 2010). The codification bill adds Positive Law Title 51 to the US Code. In this title, Section 20116 is a restatement of Section 206 of the NASA Act of 1958 which had been classified as Section 2476 of Title 42.

9) On page "11" we look further down into the codification bill and find Sec. 6 which is a list of laws being repealed as a result of the codification. Listed among these are Sec 206 of the NASA Act / 42 U.S.C 2476.

10) On page "12" we see a part of a document which accompanies the codification bill. It provides a table listing non-positive sections which were "restated" to create the new Section 20116 of Title 51.
   - Note that the table allows for several sections of non-positive law to be restated into a single new section of positive law.
   - Also note the amount of diligent record keeping that the OLRC does to document how they have reworded the prior text.

11) On page "13" we see the new section 20116 of Title 51 as published in the 2010 supplement to the US Code.
   - Notice the elaborate "Historical and Revision Notes" which record the origin of the text. This includes the same table that we saw on page "12". We have seen examples where the "Historical and Revision Notes" are 5 times longer than the text itself!

12) On Page "14" we see that a large part of Title 42 has been repealed as a result of Public Law 111-314 enacting a new title. But rather than just disappearing, a note has been left behind describing the disposition of the various sections that previously had been there.

Hopefully this answers most of the questions from today.

-- Grant 
Grant Vergottini
Xcential Group, LLC.
email: grant.vergottini@xcential.com
phone: 858.361.6738

Attachment: Life Cycle of a Provision.pdf
Description: Adobe PDF document

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