Date: 1982-08-09
Speaker: SAM B. HAIL (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. H.R. 6128. as amended. restates certain money and finance laws without substantive change and enacts those laws as title 31 of the United States Code. The bill ih a part of the legislative requirement of the Office of the Law Revision Counsel under section 285b of title 2. United States Code. to prepare a proposed codification of those titles of the United States Code that have not been enacted into positive law. Earlier drafts of H.R. 6128. as amended. and of a proposed report to accompany the bill were circulated to obtain comments from interested Government agencies and members of the public. Amendments are made to the bill of a further technical and clarifying nature. The Law Revision Counsel is satisfied that H.R. 6128. as amended. is an accurate restatement of existing law without substantive change. In explanation of the clarifying and technical amendments. the following are offered as substitutions in House Report No. 97651: The explanation for section 701 should read as follows: In clause (1). "agency" (which is defined for purposes of this title in section 101 to mean a department. agony. or instrumentality of the United States) is coextensive with and substituted for the term "department or establishment" which was defined in 31:11 as in part meaning "any executive department. independent commission. board. bureau. office. agency. or other establishment of the Government. including any independent regulatory commission or board". This definition merely restates and continues. and does not in any way change or expand. the definition in 31:11. Under that definition. entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:11. The word "Includes the District of Columbia government" are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia SelfGovernment and Governmental Reorganizational Act (Pub. L. 93198. 87 Stat. 774) supersedes the provisions codified in this title. The words "of the United States" are omitted as surplus. The text of 31:2 (2d4th pars.) Is omitted as unnecessary because of the restatement. The text of section 2 (3d par.) of the Budget and Accounting Act. 1921 (ch. 18. 42 Stat. 20). is omitted as obsolete because of section 501 of the revised title The seventh paragraph in explanation of section 716 should read as follows: In subsection (c)(1). the words "require by ... the production of" are omitted as surplus. The words "person not in the United States Government" are substituted for "contractors. subcontractors. or other nonFederal persons" for consistency and to eliminate unnecessary words. The words "from whom access is sought". "in the case of service by certified or registered mall". and "post office" are omitted as surplus. The explanation for section 1101 should read as follows: In the section. a reference to 31:71 and 471 is omitted because the definitions in the section are not used in 31:71 and 471. In clause (1). "agency" (which Is defined for purposes of this title in section 101 to mean a department. agency. or instrumen tality of the United States) is coextensive With and substituted for the term "department or establishment" which was defined in 31:11 as in part meaning "any executive .. .. ............................. . . .... .................... .............. .. . ....... ............. ............ ... ..... ........................... .... ...... .......................-.1 ......... ..... ....... .......... .............. ............ .... :... ........... ....................................... ..... ..................... ....... ...... ...................................................... ............................... .... .-.--............. ...... ...... ............................ ......... ................................. . ...................................... .... ....... ........................... ................... ................................................ ..... .................................... ... ..................................................._.................. ...... ............ .. I................ ... ........ ............--- ......................... ........ ................... ............. ............. ................ ....... ...... .. .. ...... ........ ............. ................... .................. ................................. ...... p- r. department. independent commission. board. bureau. office. agency. or other establishment of the Government. including any independent regulatory commission or board". This definition merely restates and continues. and does not in any way change or expand. the definition in 31:11. Under that definition. entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:11. The words "includes the District of Columbia government" are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia SelfGovernment and Governmental Reorganizational Act (Pub. L 93198. 87 Stat. 774) supersedes the provisions codified in this title. The words "of the United States" are omitted as surplus. The text of 31:2 (2d4th pars.) is omitted as unnecessary because of the restatement. The text of section 2 (3d par.) of the Budget and Accounting Act. 1921 (ch. 18. 42 Stat. 20). is omitted as obsolete because of section 501 of the revised title. The second and third paragraphs in explanation of section 1108 should read as follows: In subsection (b)(1). the word "President" is substituted for "Office" in 31:16 (last sentence) and "Office of Management and Budget" in 31:23 and 24(a) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (ef. July 1. 1970. 84 Stat. 2085) designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The word "prepare" Is substituted for "prepare or cause to be prepared" in 31:22 to eliminate unnecessary words. The word "appropriations" is substituted for "regular. supplementary. or deficiency appropriations" in 31:22 and 24(a) to eliminate unnecessary words. The words "in each year" are omitted as surplus. The words "in the form proscribed by the President under this chapter and by the date established by the President" are substituted for "on or before a date which the President shall determine" in 31:23. and "as the President may determine in accordance with the provisions of section 11 of this title" and "in such manner and at such times as may be determined by the President" in 31:24. to eliminate unnecessary words and to provide a crossreference to the authority of the President to prepare and submit budgets and appropriations request. The words "prepare the request for the executive agency to be included in the budget or changes in the budget or as deficiency or supplemental appropriations" are substituted for "cause such requests to be prepared as are necessary to enable him to include such requests with the Budget in rgspect to the work of such department or establishment" in 31:23 for clarity and because of the restatement. The word "change" Is substituted for "assemble. correlate. revise. reduce. or increase" in 31:16 (last sentence) to eliminate unnecessary words. The words "The head of the executive agency shall use" are substituted for "shall be used by all departments and establishments and their subordinate units" and "shall be made on the basis of" in 31:24 as being more precise. The word "operation" is omitted as being included in "administer". The word "amounts" is substituted for "funds" for consistency In the revised title. The word "divide" is substituted for "administrative subdivisions" because of the restatement. In subsection (b)(2). the words "deficiency or supplemental appropriations" are substi-