Title 10 — Armed Forces
Part V · Chapter 271 — Truthful Cost or Pricing Data (truth in Negotiations)
§ 3703. Exceptions
Statutory text
In general.—
Submission of certified cost or pricing data shall not be required under section 3702 of this title in the case of a contract, a subcontract, or modification of a contract or subcontract—
for which the price agreed upon is based on—
adequate price competition; or
prices set by law or regulation;
for the acquisition of a commercial product or a commercial service;
in an exceptional case when the head of the procuring activity, without delegation, determines that the requirements of this chapter may be waived and justifies in writing the reasons for such determination; or
to the extent such data—
relates to an offset agreement in connection with a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm; and
does not relate to a contract or subcontract under the offset agreement for work performed in such foreign country or by such foreign firm that is directly related to the weapon system or defense-related item being purchased under the contract.
Modifications of contracts and subcontracts for commercial products or commercial services.—
In the case of a modification of a contract or subcontract for a commercial product or commercial services that is not covered by the exception to the submission of certified cost or pricing data in paragraph (1) or (2) of subsection (a), submission of certified cost or pricing data shall not be required under section 3702 of this title if—
the contract or subcontract being modified is a contract or subcontract for which submission of certified cost or pricing data may not be required by reason of paragraph (1) or (2) of subsection (a); and
the modification would not change the contract or subcontract, as the case may be, from a contract or subcontract for the acquisition of a commercial product or commercial services to a contract or subcontract for the acquisition of an item other than a commercial product or commercial services.
Noncommercial modifications of commercial products.—
The exception in subsection (a)(2) does not apply to cost or pricing data on noncommercial modifications of a commercial product that are expected to cost, in the aggregate, more than the amount specified in section 3702(a)(1)(A) of this title, as adjusted from time to time under section 3702(g) of this title, or 5 percent of the total price of the contract (at the time of contract award), whichever is greater.
In this subsection, the term “noncommercial modification”, with respect to a commercial product, means a modification of such product that is not a modification described in section 103(3)(A) of title 41.
Nothing in paragraph (1) shall be construed—
to limit the applicability of the exception in paragraph (1) or (3) of subsection (a) to cost or pricing data on a noncommercial modification of a commercial product; or
to require the submission of cost or pricing data on any aspect of an acquisition of a commercial product other than the cost and pricing of noncommercial modifications of such product.
Commercial product or commercial service determination.—
For purposes of applying the exception under subsection (a)(2) to the required submission of certified cost or pricing data, the contracting officer may presume that a prior commercial product or commercial service determination made by a military department, a Defense Agency, or another component of the Department of Defense shall serve as a determination for subsequent procurements of such product or service.
If the contracting officer does not make the presumption described in paragraph (1) and instead chooses to proceed with a procurement of a product or service previously determined to be a commercial product or a commercial service using procedures other than the procedures authorized for the procurement of a commercial product or a commercial service, as the case may be, the contracting officer shall request a review of the commercial product or commercial service determination by the head of the contracting activity.
Not later than 30 days after receiving a request for review of a determination under paragraph (2), the head of a contracting activity shall—
confirm that the prior determination was appropriate and still applicable; or
issue a revised determination with a written explanation of the basis for the revision.
A contracting officer shall consider evidence provided by an offeror of recent purchase prices paid by the Government for the same or similar commercial products or commercial services in establishing price reasonableness on a subsequent purchase if the contracting officer is satisfied that the prices previously paid remain a valid reference for comparison after considering the totality of other relevant factors such as the time elapsed since the prior purchase and any differences in the quantities purchased or applicable terms and conditions.
Determination by prime contractor.—
A prime contractor required to submit certified cost or pricing data under section 3702 of this title with respect to a prime contract shall be responsible for determining whether a subcontract under such contract qualifies for an exception under subsection (a)(1) from such requirement.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1831(a) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3703
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (d), Jan. 1, 2021, 134 Stat. 4209, 4211
Source evidence
Code source credit
Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (d), Jan. 1, 2021, 134 Stat. 4209, 4211Enacted provision · exact public law section
(a) New Chapter.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232), 10 USC prec. 3701. is amended by striking chapter 271 and inserting the following: “CHAPTER 271— TRUTHFUL COST OR PRICING DATA (TRUTH IN NEGOTIATIONS) “Sec. “3701. Definitions. “3702. Required cost or pricing data and certification. “3703. Exceptions. “3704. Cost or pricing data on below-threshold contracts. “3705. Submission of other information. “3706. Price reductions for defective cost or pricing data. “3707. Interest and penalties for certain overpayments. “3708. Right to examine contractor records. “§ 3701. Definitions “§ 3702. Required cost or pricing data and certification “§ 3703. Exceptions “§ 3704. Cost or pricing data on below-threshold contracts “§ 3705. Submission of other information “§ 3706. Price reductions for defective cost or pricing data “§ 3707. Interest and penalties for certain overpayments “§ 3708. Right to examine contractor records” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(1) · 134 Stat. 3388
Struck · 10 U.S.C. § 3703
Pub. L. 116–283, § 1831(d)(1), transferred subsec. (b) of section 2306a of this title to this section, struck out subsec. (b) designation and heading “Exceptions” at beginning
Redesignated · 10 U.S.C. § 3703
Pub. L. 116–283, § 1831(d)(1), transferred subsec. (b) of section 2306a of this title to this section, redesignated pars. (1) to (6) as subsecs. (a) to (f), respectively, and realigned margins
Source evidence
Code amendment note
Pub. L. 116–283, § 1831(d)(1), transferred subsec. (b) of section 2306a of this title to this section, struck out subsec. (b) designation and heading “Exceptions” at beginning, and redesignated pars. (1) to (6) as subsecs. (a) to (f), respectively, and realigned margins.Enacted provision · exact public law section
(1) Transfer.— Subsection (b) of section 2306a of title 10, United States Code, is transferred to section 3703 of such title, as added by subsection (a), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; and (B) by redesignating paragraphs (1) through (6) as subsections (a) through (f), respectively, and realigning those subsections flush to the left margin.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(2)(A) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3703(a)
Pub. L. 116–283, § 1831(d)(2)(A), (B), (C), (E), after redesignation of section 2306a(b)(1) of this title as subsec. (a) of this section, substituted “under section 3702 of this title” for “under subsection (a)” in introductory provisions
Redesignated · 10 U.S.C. § 3703(a)
Pub. L. 116–283, § 1831(d)(2)(A), (B), (C), (E), after redesignation of section 2306a(b)(1) of this title as subsec. (a) of this section, redesignated subpar. (A) and its cls. (i) and (ii) as par. (1) and subpars. (A) and (B), respectively
Redesignated · 10 U.S.C. § 3703(a)
Pub. L. 116–283, § 1831(d)(2)(A), (B), (C), (E), after redesignation of section 2306a(b)(1) of this title as subsec. (a) of this section, redesignated subpars. (B) and (C) as pars. (2) and (3), respectively
Redesignated · 10 U.S.C. § 3703(a)
Pub. L. 116–283, § 1831(d)(2)(A), (B), (C), (E), after redesignation of section 2306a(b)(1) of this title as subsec. (a) of this section, redesignated subpar. (D) and its cls. (i) and (ii) as par. (4) and subpars. (A) and (B), respectively
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1831(d)(2)(A), (B), (C), (E), after redesignation of section 2306a(b)(1) of this title as subsec. (a) of this section, substituted “under section 3702 of this title” for “under subsection (a)” in introductory provisions, redesignated subpar. (A) and its cls. (i) and (ii) as par. (1) and subpars. (A) and (B), respectively, redesignated subpars. (B) and (C) as pars. (2) and (3), respectively, and redesignated subpar. (D) and its cls. (i) and (ii) as par. (4) and subpars. (A) and (B), respectively.Enacted provision · exact public law section
(A) by redesignating subparagraphs (A), (B), (C), and (D) as paragraphs (1), (2), (3), and (4), respectively;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(2)(D) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(a)(3)
Pub. L. 116–283, § 1831(d)(2)(D), substituted “this chapter” for “this section”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 116–283, § 1831(d)(2)(D), substituted “this chapter” for “this section”.Enacted provision · exact public law section
(D) in paragraph (3), as so redesignated, by striking “this section” and inserting “this chapter”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(3)(A) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3703(b)
Pub. L. 116–283, § 1831(d)(3)(A), (B), after redesignation of section 2306a(b)(2) of this title as subsec. (b) of this section, in introductory provisions, substituted “paragraph (1) or (2) of subsection (a)” for “paragraph (1)(A) or (1)(B)” and “under section 3702 of this title” for “under subsection (a)”
Redesignated · 10 U.S.C. § 3703(b)
Pub. L. 116–283, § 1831(d)(3)(A), (B), after redesignation of section 2306a(b)(2) of this title as subsec. (b) of this section, in introductory provisions, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1831(d)(3)(A), (B), after redesignation of section 2306a(b)(2) of this title as subsec. (b) of this section, in introductory provisions, substituted “paragraph (1) or (2) of subsection (a)” for “paragraph (1)(A) or (1)(B)” and “under section 3702 of this title” for “under subsection (a)” and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.Enacted provision · exact public law section
(A) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(3)(C) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(b)(1)
Pub. L. 116–283, § 1831(d)(3)(C), substituted “paragraph (1) or (2) of subsection (a)” for “paragraph (1)(A) or (1)(B)”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 116–283, § 1831(d)(3)(C), substituted “paragraph (1) or (2) of subsection (a)” for “paragraph (1)(A) or (1)(B)”.Enacted provision · exact public law section
(C) in paragraph (1), as so redesignated, by striking “paragraph (1)(A) or (1)(B)” and inserting “paragraph (1) or (2) of subsection (a)”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(4)(A) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3703(c)
Pub. L. 116–283, § 1831(d)(4)(A), (D)(i), after redesignation of section 2306a(b)(3) of this title as subsec. (c) of this section, redesignated subpars. (A), (B), and (C) and its cls. (i) and (ii) as pars. (1), (2), and (3) and subpars. (A) and (B), respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–283, § 1831(d)(4)(A), (D)(i), after redesignation of section 2306a(b)(3) of this title as subsec. (c) of this section, redesignated subpars. (A), (B), and (C) and its cls. (i) and (ii) as pars. (1), (2), and (3) and subpars. (A) and (B), respectively.Enacted provision · exact public law section
(A) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(4)(B) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(c)(1)
Pub. L. 116–283, § 1831(d)(4)(B), substituted “subsection (a)(2)” for “paragraph (1)(B)”
Substituted · 10 U.S.C. § 3703(c)(1)
Pub. L. 116–283, § 1831(d)(4)(B), substituted “section 3702(a)(1)(A) of this title” for “subsection (a)(1)(A)(i)”
Substituted · 10 U.S.C. § 3703(c)(1)
Pub. L. 116–283, § 1831(d)(4)(B), substituted “section 3702(g) of this title” for “subsection (a)(7)”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 116–283, § 1831(d)(4)(B), substituted “subsection (a)(2)” for “paragraph (1)(B)”, “section 3702(a)(1)(A) of this title” for “subsection (a)(1)(A)(i)”, and “section 3702(g) of this title” for “subsection (a)(7)”.Enacted provision · exact public law section
(B) in paragraph (1), as so redesignated— (i) by striking “paragraph (1)(B)” and inserting “subsection (a)(2)”; (ii) by striking “subsection (a)(1)(A)(i)” and inserting “section 3702(a)(1)(A) of this title”; and (iii) by striking “subsection (a)(7)” and inserting “section 3702(g) of this title”;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(4)(C) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(c)(2)
Pub. L. 116–283, § 1831(d)(4)(C), substituted “this subsection” for “this paragraph”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 116–283, § 1831(d)(4)(C), substituted “this subsection” for “this paragraph”.Enacted provision · exact public law section
(C) in paragraph (2), as so redesignated, by striking “this paragraph” and inserting “this subsection”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(4)(D)(ii) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(c)(3)
Pub. L. 116–283, § 1831(d)(4)(D)(ii), (ii) [(iii)], substituted “paragraph (1)” for “subparagraph (A)” in subpar. (A)
Substituted · 10 U.S.C. § 3703(c)(3)
Pub. L. 116–283, § 1831(d)(4)(D)(ii), (ii) [(iii)], substituted “paragraph (1) or (3) of subsection (a)” for “subparagraph (A) or (C) of paragraph (1)” in subpar. (A)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 116–283, § 1831(d)(4)(D)(ii), (ii) [(iii)], substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions and “paragraph (1) or (3) of subsection (a)” for “subparagraph (A) or (C) of paragraph (1)” in subpar. (A).Enacted provision · exact public law section
(ii) in the matter preceding subparagraph (A), as so redesignated, by striking “subparagraph (A)” and inserting “paragraph (1)”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(5)(A) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3703(d)
Pub. L. 116–283, § 1831(d)(5)(A), (D)(i), after redesignation of section 2306a(b)(4) of this title as subsec. (d) of this section, redesignated subpars. (A), (B), and (C) and its cls. (i) and (ii) as pars. (1), (2), and (3) and subpars. (A) and (B), respectively
Source evidence
Code amendment note
Subsec. (d). Pub. L. 116–283, § 1831(d)(5)(A), (D)(i), after redesignation of section 2306a(b)(4) of this title as subsec. (d) of this section, redesignated subpars. (A), (B), and (C) and its cls. (i) and (ii) as pars. (1), (2), and (3) and subpars. (A) and (B), respectively.Enacted provision · exact public law section
(A) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(5)(B) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(d)(1)
Pub. L. 116–283, § 1831(d)(5)(B), substituted “subsection (a)(2)” for “paragraph (1)(B)”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 116–283, § 1831(d)(5)(B), substituted “subsection (a)(2)” for “paragraph (1)(B)”.Enacted provision · exact public law section
(B) in paragraph (1), as so redesignated, by striking “paragraph (1)(B)” and inserting “subsection (a)(2)”;William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(5)(C) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(d)(2)
Pub. L. 116–283, § 1831(d)(5)(C), substituted “paragraph (1)” for “subparagraph (A)”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 116–283, § 1831(d)(5)(C), substituted “paragraph (1)” for “subparagraph (A)”.Enacted provision · exact public law section
(C) in paragraph (2), as so redesignated, by striking “subparagraph (A)” and inserting “paragraph (1)”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(5)(D)(ii) · 134 Stat. 3388
Substituted · 10 U.S.C. § 3703(d)(3)
Pub. L. 116–283, § 1831(d)(5)(D)(ii), substituted “paragraph (2)” for “subparagraph (B)” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 116–283, § 1831(d)(5)(D)(ii), substituted “paragraph (2)” for “subparagraph (B)” in introductory provisions.Enacted provision · exact public law section
(ii) in the matter preceding subparagraph (A), as so redesignated, by striking “subparagraph (B)” and inserting “paragraph (2)”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1831(d)(6) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3703(f)
Pub. L. 116–283, § 1831(d)(6), after redesignation of section 2306a(b)(6) of this title as subsec. (f) of this section, substituted “section 3702 of this title” for “subsection (a)” and “subsection (a)(1)” for “paragraph (1)(A)”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 116–283, § 1831(d)(6), after redesignation of section 2306a(b)(6) of this title as subsec. (f) of this section, substituted “section 3702 of this title” for “subsection (a)” and “subsection (a)(1)” for “paragraph (1)(A)”.Enacted provision · exact public law section
(6) Conforming internal redesignations in new 3703(f).— Subsection (f) of such section 3703, as so transferred and redesignated by paragraph (1), is amended— (A) by striking “subsection (a)” and inserting “section 3702 of this title”; and (B) by striking “paragraph (1)(A)” and inserting “subsection (a)(1)”.Pub. L. 119–60 div. A title VIII § 812(a)(7) · 139 Stat. 952
Substituted · 10 U.S.C. § 3703(a)(1)(A)
Pub. L. 119–60 substituted “price competition” for “competition that results in at least two or more responsive and viable competing bids”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 119–60 substituted “price competition” for “competition that results in at least two or more responsive and viable competing bids”.
23 of 24 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Codification
The text of subsec. (b) of section 2306a of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1831(d), was based on Pub. L. 99–500, § 101(c) [title X, § 952(a)], , 100 Stat. 1783–82, 1783–166, and Pub. L. 99–591, § 101(c) [title X, § 952(a)], , 100 Stat. 3341–82, 3341–166; Pub. L. 99–661, div. A, title IX, formerly title IV, § 952(a), , 100 Stat. 3945, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273; Pub. L. 103–355, title I, § 1202(a), , 108 Stat. 3274, as amended by Pub. L. 104–106, div. D, title XLIII, § 4321(a)(2), , 110 Stat. 671; Pub. L. 104–106, div. D, title XLII, § 4201(a)(1), , 110 Stat. 649; Pub. L. 108–375, div. A, title VIII, § 818(a), , 118 Stat. 2015; Pub. L. 110–181, div. A, title VIII, § 814, , 122 Stat. 222; Pub. L. 113–291, div. A, title X, § 1071(a)(3), , 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, §§ 812, 851(b), 853, , 129 Stat. 891, 916, 919; Pub. L. 114–328, div. A, title VIII, § 822(2), , 130 Stat. 2276; Pub. L. 115–232, div. A, title VIII, § 836(c)(5)(A), , 132 Stat. 1865. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections. Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments2021–2025 · 2 rounds
2025
Subsec. (a)(1)(A). Pub. L. 119–60 substituted “price competition” for “competition that results in at least two or more responsive and viable competing bids”.
2021
Pub. L. 116–283, § 1831(d)(1), transferred subsec. (b) of section 2306a of this title to this section, struck out subsec. (b) designation and heading “Exceptions” at beginning, and redesignated pars. (1) to (6) as subsecs. (a) to (f), respectively, and realigned margins.
Subsec. (a). Pub. L. 116–283, § 1831(d)(2)(A), (B), (C), (E), after redesignation of section 2306a(b)(1) of this title as subsec. (a) of this section, substituted “under section 3702 of this title” for “under subsection (a)” in introductory provisions, redesignated subpar. (A) and its cls. (i) and (ii) as par. (1) and subpars. (A) and (B), respectively, redesignated subpars. (B) and (C) as pars. (2) and (3), respectively, and redesignated subpar. (D) and its cls. (i) and (ii) as par. (4) and subpars. (A) and (B), respectively.
Subsec. (a)(3). Pub. L. 116–283, § 1831(d)(2)(D), substituted “this chapter” for “this section”.
Subsec. (b). Pub. L. 116–283, § 1831(d)(3)(A), (B), after redesignation of section 2306a(b)(2) of this title as subsec. (b) of this section, in introductory provisions, substituted “paragraph (1) or (2) of subsection (a)” for “paragraph (1)(A) or (1)(B)” and “under section 3702 of this title” for “under subsection (a)” and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.
Subsec. (b)(1). Pub. L. 116–283, § 1831(d)(3)(C), substituted “paragraph (1) or (2) of subsection (a)” for “paragraph (1)(A) or (1)(B)”.
Subsec. (c). Pub. L. 116–283, § 1831(d)(4)(A), (D)(i), after redesignation of section 2306a(b)(3) of this title as subsec. (c) of this section, redesignated subpars. (A), (B), and (C) and its cls. (i) and (ii) as pars. (1), (2), and (3) and subpars. (A) and (B), respectively.
Subsec. (c)(1). Pub. L. 116–283, § 1831(d)(4)(B), substituted “subsection (a)(2)” for “paragraph (1)(B)”, “section 3702(a)(1)(A) of this title” for “subsection (a)(1)(A)(i)”, and “section 3702(g) of this title” for “subsection (a)(7)”.
Subsec. (c)(2). Pub. L. 116–283, § 1831(d)(4)(C), substituted “this subsection” for “this paragraph”.
Subsec. (c)(3). Pub. L. 116–283, § 1831(d)(4)(D)(ii), (ii) [(iii)], substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions and “paragraph (1) or (3) of subsection (a)” for “subparagraph (A) or (C) of paragraph (1)” in subpar. (A).
Subsec. (d). Pub. L. 116–283, § 1831(d)(5)(A), (D)(i), after redesignation of section 2306a(b)(4) of this title as subsec. (d) of this section, redesignated subpars. (A), (B), and (C) and its cls. (i) and (ii) as pars. (1), (2), and (3) and subpars. (A) and (B), respectively.
Subsec. (d)(1). Pub. L. 116–283, § 1831(d)(5)(B), substituted “subsection (a)(2)” for “paragraph (1)(B)”.
Subsec. (d)(2). Pub. L. 116–283, § 1831(d)(5)(C), substituted “paragraph (1)” for “subparagraph (A)”.
Subsec. (d)(3). Pub. L. 116–283, § 1831(d)(5)(D)(ii), substituted “paragraph (2)” for “subparagraph (B)” in introductory provisions.
Subsec. (f). Pub. L. 116–283, § 1831(d)(6), after redesignation of section 2306a(b)(6) of this title as subsec. (f) of this section, substituted “section 3702 of this title” for “subsection (a)” and “subsection (a)(1)” for “paragraph (1)(A)”.
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Credits
2021–2025 · 2 acts
- 2021Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (d), , 134 Stat. 4209, 4211
- 2025Pub. L. 119–60, div. A, title VIII, § 812(a)(7), , 139 Stat. 952.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1831(a), (d), , 134 Stat. 4209, 4211; Pub. L. 119–60, div. A, title VIII, § 812(a)(7), , 139 Stat. 952.)