Jump to content
The Wifcon Forums and Blogs

Sign in to follow this  
Vern Edwards

US Code - New Title 53 - Small Business

Recommended Posts

Congress is preparing to add a new title to the U.S. Code, Title 53, Small Business.

On September 20, 2016, the House Office of the Law Revision Counsel submitted a draft bill to the House Committee on the Judiciary for introduction in the 114th Congress. Here is how the Law Revision Counsel explained what is planned:

Quote

Originally enacted as title II of the Act of July 30, 1953 (ch. 282, 67 Stat. 232), the Small Business Act of 1953 was made a separate Act, renamed the Small Business Act, and revised by Public Law 85–536 on July 18, 1958. A month later, by Public Law 85–699, Congress enacted the Small Business Investment Act of 1958. Since 1958, the Acts have been amended a number of times and have been supplemented by provisions in other Acts that, while they do not amend either Act by their terms, have the effect of modifying the Acts. Some of the amendments added provisions that are now obsolete, and some added provisions that are inconsistent with other provisions.

The Acts are classified to separate chapters of title 15 of the United States Code. The bill restates the Small Business Act (15 U.S.C. 631 et seq.), the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.), and related provisions of other Acts as a new positive law title of the United States Code. The new positive law title replaces the former provisions, which are repealed by the bill.

The bill was prepared by the Office of the Law Revision Counsel as part of the Office’s ongoing responsibility under section 205(c) of House Resolution No. 988, 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 285b), ‘‘[t]o prepare, and submit to the Committee on the Judiciary one title at a time, a complete compilation, restatement, and revision of the general and permanent laws of the United States’’. 

The bill is a codification measure prepared in accordance with section 205(c) of House Resolution No. 988, 93d Congress as en- acted into law by Public Law 93–554 (2 U.S.C. 285b). The purpose of the bill is to enact a restatement of certain existing law relating to small business as a positive law title of the United States Code. The restatement of existing law does not change the meaning or effect of the existing law. The restatement consolidates various provi- sions that were enacted separately over a period of many years, reorganizing them, conforming style and terminology, modernizing obsolete language, and correcting drafting errors. These changes serve to remove ambiguities, contradictions, and other imperfections, but they do not change the meaning or effect of the existing law or impair the precedential value of earlier judicial decisions or other interpretations. 

New Titles 52, Voting and Elections, and 54, National Park System, have already been enacted. Title 53 will remain reserved until Congress passes the new codification of the small business statutes. The FAR councils will have to issue a Federal Acquisition Circular to change statutory references, such as the ones in 5.101(a), 9.103(b), in Part 19, and in other places.

It's interesting that the Law Revision Counsel says that removing ambiguities and contradictions will not change the meaning or effect of existing law.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×