US Code Notes

Notes of the United States Code

Notes in the US Code are, according to the Office of the Law Revison Counsel, the “textual material set out following a Code section and its credit or preceding a Code section. There are two basic types of notes: statutory notes and editorial notes.”

Editorial note

“An editorial note is a note appearing in the United States Code that was prepared by the editors of the Code. It is distinguished from a statutory note, which is based on a provision of law.”

“Most sections in the Code are followed by editorial notes. These notes are prepared by the Code editors to assist users of the Code. They provide information about the section’s source, derivation, history, references, translations, effectiveness and applicability, codification, defined terms, prospective amendments, and related matters.”

Some of the types of editorial notes that may appear under a section of the U.S. code are:

Future Amendment Notes

Future Amendment notes appear in italic type and provide information about acts that amend the section effective in the future, such as on a specific future effective date, or contingent on some occurrence that has not yet happened. These notes have headings such as “Amendment of Section” and “Termination of Amendment” and usually appear immediately following the source credit.

References in Text Notes

References in Text notes provide information about certain references contained in the text of the section. These references typically include popular names of acts such as the “Social Security Act” and names of Code units, such as “this chapter”. A References in Text note for the name of a Code unit is usually included to alert the reader that the named Code unit may not be a precise translation of the corresponding act unit appearing in the original statutory text. For example, under section 101 of title 6, there is a References in Text note that alerts the reader that “this chapter” in the Code section text is a translation of “this Act” in the original act, which is the Homeland Security Act of 2002 (Public Law 107-296). The note explains that the Homeland Security Act of 2002 is classified “principally” to chapter 1 of title 6, which means that while most of the act is classified to chapter 1, some provisions are classified elsewhere, perhaps because they amended laws in other parts of the Code or are set out as statutory notes [4] . The reader is then advised to consult “Tables”, meaning Code Table III and the Classification Tables, for the complete classification of the Homeland Security Act of 2002 to the Code.

Occasionally, a reference in section text is accompanied by the footnote “See References in Text note below”. The footnote serves to point out an erroneous or misleading reference not discernible from the reference itself.

Codification Notes

Codification notes provide several kinds of information about a section, such as its relationship to other sections in the same chapter, its derivation, updating, or problems in the underlying acts. Some codification notes alert the reader that the section is not part of the act that comprises the chapter or other unit in which the section appears. For example, as described in the above section on References in Text notes, chapter 1 of title 6 is based on the Homeland Security Act of 2002, and the References in Text note in section 101 of title 6 explains that whenever “this chapter” appears in that section, the original statutory text reads “this Act”. Section 453a of title 6 was editorially placed in chapter 1 as well, but it is not part of the Homeland Security Act of 2002. Because section 453a is not part of the Homeland Security Act of 2002, which is what “this Act” refers to in the original text, it is likewise not considered to be part of chapter 1 for purposes of the reference to “this chapter” contained in section 101, even though section 453a is physically located within that chapter. To alert the reader to this situation, a Codification note appears under section 453a saying that the section “was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which comprises” chapter 1. This note is important because it tells the user to exclude section 453a from any reference to that chapter.

Prior Provisions Notes

Prior Provisions notes indicate other sections that have had the same section number as the current section and what has since happened to them. Prior provisions notes are supplied for both prior Code sections and prior act sections that had the same section number as the current Code or act section.

Amendment Notes

“An amendment note is an editorial note explaining how an act amended a United States Code section.”

“Amendment notes provide explanations of how amendments have affected the section. Amendment notes are grouped by year in reverse chronological order. Within each year, the notes are arranged in order by unit of the section affected, such as subsection or paragraph. If more than one amendment affects the same unit during the year, the amendments are listed in reverse act order. Generally, an amendment note identifies the amending public law and section numbers. However, no section number is given when it can be uniquely identified from the act information already given in the source credit. If the amendment note describes an amendment as temporary, that means that the amendment was or will be undone on the date specified for its termination in the applicable effective date provision.”

Subsidiary Notes

See Effective Date Subsidiary notes below.

Subsidiary notes appear when the section is affected by a statutory provision classified elsewhere in the Code. A statutory provision equally relevant to multiple sections in the Code is nevertheless classified as a statutory note or section to only one place in the Code. Subsidiary notes are editorially placed under the other affected Code sections to alert the reader to the existence of the provision and indicate where the full text can be found. See paragraphs below for description of specific types of subsidiary notes.

Change of Name subsidiary notes indicate that there is a statutory change of name provision elsewhere in the Code that changes a name or term used in the section other than by direct amendment, such as when an act changes the name of a governmental entity and generally deems all references to the old name to be references to the new name.

Effective Date Subsidiary Notes

See Effective Date notes below and Subsidiary notes above.

“Effective Date subsidiary notes indicate that there is a statutory effective date provision elsewhere in the Code that provides an effective date for the section or a particular amendment to the section. To the extent that the effective date of a provision is different from its date of enactment, subsidiary effective date notes are generally included under every section to which the statutory effective date provision applies. However, there are exceptions. If an effective date provision applies to the enactment of an entire chapter or subchapter, the effective date note will appear only under the first section of the chapter or subchapter, and no subsidiary notes will appear under the other sections. A subsidiary note is likewise usually not provided when the effective date provision applies to the enactment or amendment of a statutory note or to the amendment of analysis material (i.e., tables of contents) in positive law titles.”

Transfer of Functions Subsidiary Notes

Transfer of Functions subsidiary notes indicate that there is a provision (from an act or a Presidential document) elsewhere in the Code that transfers duties originally assigned to be performed by one official or entity to a different official or entity.

Effective Date Notes

“An effective date note is a note that relates to the effective date of a provision of a law. It can be either a statutory note if it sets out a provision of law or an editorial note (see above) if it paraphrases or refers to a statutory effective date note.”

Definitions subsidiary notes

“Definitions subsidiary notes indicate that there is a statutory provision elsewhere in the Code that defines a term used in the section. Definitions subsidiary notes do not appear for terms occurring in section text that are defined within the same unit of the Code, such as a chapter or subchapter, and do not exist for some definition provisions that are more than 15 years old.”

Historical and Revision notes

“Historical and Revision notes appear only in positive law titles and specify the laws that formed the basis of sections that were included in the title when the title was first enacted into positive law. The first act in the source credits for such a section is the act that enacted the title into positive law. The Historical and Revision notes provide information about those earlier acts and how they were reorganized into the section as it was enacted as part of the new positive law title. For most titles, the Historical and Revision notes are the reviser’s notes that were contained in the congressional committee report accompanying the codification bill that enacted the title.”

More about Reviser Notes

The reviser notes are usually excerpts from the House Judiciary Committee report (the primary legislative history to a revised title) accompanying the legislation to codify and enact a title.

Reviser’s notes are authoritative in interpreting US Code. For example, in United States v. National City Lines, Inc., et al. (“The reviser’s notes are so obviously authoritative in perceiving the meaning…”)

Reviser notes and citations to former sections (to revised and codified titles) of the Code are often located in the note area following each section of a positive law title of the United States Code except for Titles 1, 2, 4, and 9. The Reviser’s Notes are under the sections.

For example, for distribution of other provisions of a section of a title of the Code, the researcher should see the table at end of reviser’s notes.

The reviser note will also indicate how the section was revised (words or sentences omitted or substituted, for examplee).

The report of the Committee on the Judiciary of the House on “Revision of Title 28 U.S.C., 80th Congress, First Session, Report No. 308”, states: “The reviser’s notes are keyed to sections of the revision and explain in detail every change made in text. References to court decisions are supplied wherever necessary or appropriate.”

Mr. William W. Barron, Chief Reviser of Title 28 U.S. Code, Judiciary and Judicial Procedure, in his article on “The Judicial Code 1948 Revision”, said:

“(T)he process of comprehensively examining and rewriting the Code disclosed some grave disparities, inconsistencies and ambiguities not correctable by mere codification….The Reviser and the Advisory Committee, upon discovering situations which would not yield to codification, felt in duty bound to apprise Congress of their findings and recommendations. Consequently, a few such changes, substantive in nature, were recommended to Congress. These were carefully outlined in the Reviser’s Notes, and fully considered by the Judiciary Committees of both houses.”

Short Title note

A Short Title note is a note that relates to the name of an act, unit of an act, or unit of the Code. It can be either a statutory note if it sets out a provision of law or an editorial note if it paraphrases or refers to a statutory note or relates to a popular name.

Statutory Notes

From the Office of the Law Revison Counsel:

“A statutory note is a provision of law set out as a note following a Code section (or in some cases preceding the first section of a chapter).”

“Generally speaking, a note is anything appearing after the text and source credit of a Code section. There are two main kinds of notes, statutory and editorial. Statutory notes are provisions of law that are set out as notes under a Code section rather than as a Code section. A statutory note can consist of as much as an entire act (such as Public Law 108-347 set out under 22 U.S.C. 5811) or as little as a clause (such as section 1013(a)(4)(B)(iii) of Public Law 100-647 set out under 26 U.S.C. 144). Whether a provision in an act (other than an amendment to a positive law title) appears in the Code as a section or as a statutory note is an editorial decision based on a number of factors.”

“Statutory notes are provisions from laws that are placed in the Code so as to follow the text of a Code section (or, occasionally, to precede the first section of a chapter). A statutory note can consist of as much as an entire law or as little as a clause. While the decision to classify a freestanding provision as a section or a statutory note is an editorial judgment, there are certain types of provisions that are normally classified as notes in both positive and non-positive law titles, such as effective dates, short titles, savings, and statutory construction. Statutory notes also include provisions that are somewhat less than general or less than permanent, but still relate to existing Code sections, such as those requiring studies and reports, implementation of regulations, or the establishment of a task force.”

Statutory Notes Appearance

“Statutory notes typically begin with a source credit, which is similar in content and form to the source credit for a Code section. The statutory text in a note is quoted verbatim without translations, although editorial brackets are inserted when needed to assist the user in finding cross references or other information. Every note or series of related notes grouped together have a note heading that is usually, but not always, taken from the heading appearing in the statutory text. Notes are updated for amendments just as Code sections are, but amendment notes are not written. Other types of editorial notes often found following Code sections, such as Codification and References in Text notes, are also not written for statutory notes. However, a bracketed note sometimes appears after the text of a statutory note and provides important additional information about the note.”

Types of Statutory Notes

“There are several categories of statutory notes. The most common are Change of Name, Effective Date, Short Title, Regulations, Construction, and miscellaneous notes. Miscellaneous notes include things like congressional findings, study and reporting requirements, and other provisions related to the subject matter of the Code section under which they appear. Notes of the same category are grouped together. Within each group, the notes are usually arranged in reverse chronological order by law, but multiple notes from the same law are put in ascending law order.”

Bracketed classification information

“In a Short Title or Effective Date note, cross references to an act or unit of an act are often followed by bracketed information indicating where the act or unit is classified to the Code. This classification information is accurate as of the date of enactment of the short title or effective date provision but is not updated to reflect any later changes in classification.”

Paraphrased and table notes

“There are some statutory notes in the Code that have a source credit followed by a paraphrase or brief description of a statutory provision instead of quoted text. These notes, some of which are contained in tables, are similar to other statutory notes in that they are based on statutory provisions, have full source credits, and are updated as appropriate for any amendments.”

Validity of Statutory Notes

“A provision of a Federal statute is the law whether the provision appears in the Code as section text or as a statutory note, and even when it does not appear in the Code at all. The fact that a provision is set out as a note is merely the result of an editorial decision and has no effect on its meaning or validity.”

Related Entries

The U.S. Code

  • Title 1 – General Provisions (in the Code)
  • Title 2 – The Congress (in the Code)
  • Title 3 – The President (in the Code)
  • Title 4 – Flag and Seal Seat of Government and the States (in the Code)
  • Title 5 – Government Organization and Employees (in the Code)
  • Title 6 – Domestic Security (in the Code)
  • Title 7 – Agriculture (in the Code)
  • Title 8 – Aliens And Nationality (in the Code)
  • Title 9 – Arbitration (in the Code)
  • Title 10 – Armed Fores (in the Code)
  • Title 11 – Bankruptcy (in the Code)
  • Title 12 – Banks and Banking (in the Code)
  • Title 13 – Census (in the Code)
  • Title 14 – Coast Guard (in the Code)
  • Title 15 – Commerce and Trade (in the Code)
  • Title 16 – Conservation (in the Code)
  • Title 17 – Copyrights (in the Code)
  • Title 18 – Crimes and Criminal Procedure (in the Code)
  • Title 19 – Customs Duties (in the Code)
  • Title 20 – Education (in the Code)
  • Title 21 – Food and Drugs (in the Code)
  • Title 22 – Foreign Relations and Intercourse (in the Code)
  • Title 23 – Highways (in the Code)
  • Title 24 – Hospitals and Asylums (in the Code)
  • Title 25 – Indians (in the Code)
  • Title 26 – Internal Revenue Code (in the Code)
  • Title 27 – Intoxicating Liquors (in the Code)
  • Title 28 – Judiciary And Judicial Procedure (in the Code)
  • Title 29 – Labor (in the Code)
  • Title 30 – Mineral Lands and Mining (in the Code)
  • Title 31 – Money and Finance (in the Code)
  • Title 32 – National Guard (in the Code)
  • Title 33 – Navigation And Navigable Waters (in the Code)
  • Title 35 – Patents (in the Code)
  • Title 36 – Patriotic and National Observances Ceremonies and Organizations (in the Code)
  • Title 37 – Pay And Allowances Of The Uniformed Services (in the Code)
  • Title 38 – Veterans Benefits (in the Code)
  • Title 39 – Postal Service (in the Code)
  • Title 40 – Public Buildings Property And Works (in the Code)
  • Title 41 – Public Contracts (in the Code)
  • Title 42 – The Public Health And Welfare (in the Code)
  • Title 43 – Public Lands (in the Code)
  • Title 44 – Public Printing and Documents (in the Code)
  • Title 45 – Railroads (in the Code)
  • Title 46 – Shipping (in the Code)
  • Title 47 – Telegraphs Telephones and Radiotelegraphs (in the Code)
  • Title 48 – Territories and Insular Possessions (in the Code)
  • Title 49 – Transportation (in the Code)
  • Title 50 – War and National Defense (in the Code)
  • Title 51 – National and Commercial Space Programs (in the Code)

  • Posted

    in

    , ,

    by

    Tags:

    Comments

    Leave a Reply

    Your email address will not be published. Required fields are marked *