Title 26 — Internal Revenue Code
Chapter 62 — Time and Place for Paying Tax
§ 6161. Extension of time for paying tax
Statutory text
Amount determined by taxpayer on return
General rule
The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown, or required to be shown, on any return or declaration required under authority of this title (or any installment thereof), for a reasonable period not to exceed 6 months (12 months in the case of estate tax) from the date fixed for payment thereof. Such extension may exceed 6 months in the case of a taxpayer who is abroad.
Estate tax
The Secretary may, for reasonable cause, extend the time for payment of—
any part of the amount determined by the executor as the tax imposed by chapter 11, or
any part of any installment under section 6166 (including any part of a deficiency prorated to any installment under such section).
for a reasonable period not in excess of 10 years from the date prescribed by section 6151(a) for payment of the tax (or, in the case of an amount referred to in subparagraph (B), if later, not beyond the date which is 12 months after the due date for the last installment).
Amount determined as deficiency
Income, gift, and certain other taxes
Under regulations prescribed by the Secretary, the Secretary may extend the time for the payment of the amount determined as a deficiency of a tax imposed by chapter 1, 12, 41, 42, 43, or 44 for a period not to exceed 18 months from the date fixed for the payment of the deficiency, and in exceptional cases, for a further period not to exceed 12 months. An extension under this paragraph may be granted only where it is shown to the satisfaction of the Secretary that payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer in the case of a tax imposed by chapter 1, 41, 42, 43, or 44, or to the donor in the case of a tax imposed by chapter 12.
Estate tax
Under regulations prescribed by the Secretary, the Secretary may, for reasonable cause, extend the time for the payment of any deficiency of a tax imposed by chapter 11 for a reasonable period not to exceed 4 years from the date otherwise fixed for the payment of the deficiency.
No extension for certain deficiencies
No extension shall be granted under this subsection for any deficiency if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
Claims in cases under title 11 of the United States Code or in receivership proceedings
Extensions of time for payment of any portion of a claim for tax under chapter 1 or chapter 12, allowed in cases under title 11 of the United States Code or in receivership proceedings, which is unpaid, may be had in the same manner and subject to the same provisions and limitations as provided in subsection (b) in respect of a deficiency in such tax.
Cross references
Period of limitation
For extension of the period of limitation in case of an extension under subsection (a)(2) or subsection (b)(2), see section 6503(d).
Security
For authority of the Secretary to require security in case of an extension under subsection (a)(2) or subsection (b), see section 6165.
Postponement of certain acts
For time for performing certain acts postponed by reason of war, see section 7508, and by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.
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.
Aug. 16, 1954, ch. 736, 68A Stat. 762 · 68A Stat. 762
Enacted · 26 U.S.C. § 6161
Aug. 16, 1954, ch. 736, 68A Stat. 762
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 762Small Business Tax Revision Act of 1958
Pub. L. 85–866 title II § 206(c) · 72 Stat. 1606
Inserted · 26 U.S.C. § 6161(a)(2)
Pub. L. 85–866 inserted provisions allowing Secretary or his delegate to extend time for payment for reasonable period, not exceeding 10 years from date prescribed by section 6151(a), if he finds that payment on date fixed for payment of any installment under section 6166, or any part of such installment, or payment of any part of a deficiency prorated under section 6166 to installments the date for payment of which had arrived would result in undue hardship
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 85–866 inserted provisions allowing Secretary or his delegate to extend time for payment for reasonable period, not exceeding 10 years from date prescribed by section 6151(a), if he finds that payment on date fixed for payment of any installment under section 6166, or any part of such installment, or payment of any part of a deficiency prorated under section 6166 to installments the date for payment of which had arrived would result in undue hardship.Enacted provision · exact public law section
(c) Hardship Extension.— Section 6161 (a) (2) of such Code (relating to extension of time for paying estate tax in the case of undue hardship) is amended to read as follows: “(2) Estate tax.— If the Secretary or his delegate finds— “(A) that the payment, on the due date, of any part of the amount determined by the executor as the tax imposed by chapter 11, “(B) that the payment, on the date fixed for the payment of any installment under section 6166, of any part of such installment (including any part of a deficiency prorated to an installment the date for payment of which had not arrived), or “(C) that the payment upon notice and demand of any part of a deficiency prorated under the provisions of section 6166 to installments the date for payment of which had arrived, would result in undue hardship to the estate, he may extend the time for payment for a reasonable period not in excess of 10 26 USC 6151. years from the date prescribed by section 6151 (a) for payment of the tax.”Tax Reform Act of 1969
Pub. L. 91–172 title I § 101(j)(37) · 83 Stat. 487
Inserted · 26 U.S.C. § 6161(b)
Pub. L. 91–172 inserted references to chapter 42
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–172 inserted references to chapter 42.Enacted provision · exact public law section
(37) Section 6161(b) (relating to the amount determined as a deficiency when granting an extension of time) is amended— (A) by striking out in paragraph (1) “chapter 1 or 12,” Ante, p. 498. and inserting in lieu thereof “chapter 1, 12, or 42,”, and (B) by striking out “chapter 1,” the last time it appears and inserting in lieu thereof “chapter 1 or 42,”.Excise, Estate, and Gift Tax Adjustment Act of 1970
Pub. L. 91–614 title I § 101(h) · 84 Stat. 1836
Substituted · 26 U.S.C. § 6161(a)(1)
Pub. L. 91–614 substituted “6 months (12 months in the case of estate tax)” for “6 months”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 91–614 substituted “6 months (12 months in the case of estate tax)” for “6 months”.Enacted provision · exact public law section
(h) Extension of Time.— The first sentence of paragraph (1) of subsection (a) of section 6161 (relating to extension of time for paying tax) is amended by striking out “6 months” and inserting in lieu thereof “6 months (12 months in the case of estate tax) ”.Employee Retirement Income Security Act of 1974
Pub. L. 93–406 title II § 1016(a)(7) · 88 Stat. 829
Inserted · 26 U.S.C. § 6161(b)
Pub. L. 93–406 inserted references to chapter 43
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–406 inserted references to chapter 43.Enacted provision · exact public law section
(7) Section 6161(b)(1) (relating to extensions of time for paying 26 USC 6161. tax) is amended by striking out “or 42” and inserting in lieu thereof “42 or 43”. The second sentence of section 6161(b) is amended by striking out “or 42” and inserting in lieu thereof “42, or chapter 43”.Pub. L. 94–455 § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 6161(a)(1)
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Pub. L. 94–455 § 2004(c)(1) · 90 Stat. 1520
Struck · 26 U.S.C. § 6161(a)(2)
Pub. L. 94–455, § 2004(c)(1), struck out in subpar. (A) “that the payment, on the due date, of” before “any part of the amount”, in subpar. (B) provisions relating to payment, on the date fixed for payment of any installment, and subpar. (C) which related to payment upon notice and demand of a deficiency prorated under the provisions of section 6161
Inserted · 26 U.S.C. § 6161(a)(2)
Pub. L. 94–455, § 2004(c)(1), inserted in subpar. (B) “or 6166A” after “section 6166”
Substituted · 26 U.S.C. § 6161(a)(2)
Pub. L. 94–455, § 2004(c)(1), substituted in subpar. (B) “under such section” for “the date for payment for which had not arrived”
Inserted · 26 U.S.C. § 6161(a)(2)
Pub. L. 94–455, § 2004(c)(1), inserted in text following subpar. (B) provisions relating to extension of time for payment in the case of an amount referred to in subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 94–455, § 2004(c)(1), struck out in subpar. (A) “that the payment, on the due date, of” before “any part of the amount”, in subpar. (B) provisions relating to payment, on the date fixed for payment of any installment, and subpar. (C) which related to payment upon notice and demand of a deficiency prorated under the provisions of section 6161, inserted in subpar. (B) “or 6166A” after “section 6166”, substituted in subpar. (B) “under such section” for “the date for payment for which had not arrived”, and inserted in text following subpar. (B) provisions relating to extension of time for payment in the case of an amount referred to in subpar. (B).Enacted provision · exact public law section
(1) Paragraph (2) of section 6161(a) (relating to extension 26 USC 6161. of time for paying estate tax) is amended to read as follows: “(2) Estate tax.— The Secretary may, for reasonable cause, extend the time for payment of— “(A) any part of the amount, determined by the executor as the tax imposed by chapter 11, or “(B) any part of any installment, under section 6166 or 6166A (including any part of a deficiency prorated to any installment under such section), for a reasonable period not in excess of 10 years from the date prescribed by section 6151(a) for payment of the tax (or, in the case of an amount referred to in subparagraph (R), if later, not beyond the date which is 12 months after the due date for the last installment).”Pub. L. 94–455 title XIII § 1307(d)(2)(C) · 90 Stat. 1520
Inserted · 26 U.S.C. § 6161(b)
Pub. L. 94–455, §§ 1307(d)(2)(C), 1605(b)(3), 2004(c)(2), among other changes, inserted reference to chapter 41, effective on or after Oct. 4, 1976, and reference to chapter 44, applicable to taxable years of real estate investment trusts beginning after Oct. 4, 1976
Struck · 26 U.S.C. § 6161(b)
Pub. L. 94–455, §§ 1307(d)(2)(C), 1605(b)(3), 2004(c)(2), among other changes, struck out provisions relating to grant of extensions with respect to hardships to taxpayers, applicable to the estates of decedents dying after Dec. 31, 1976
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–455, §§ 1307(d)(2)(C), 1605(b)(3), 2004(c)(2), among other changes, inserted reference to chapter 41, effective on or after Oct. 4, 1976, and reference to chapter 44, applicable to taxable years of real estate investment trusts beginning after Oct. 4, 1976, and struck out provisions relating to grant of extensions with respect to hardships to taxpayers, applicable to the estates of decedents dying after Dec. 31, 1976.Enacted provision · exact public law section
(C) Section 6161(h) (relating to extensions of time for 26 USC 6161. paying tax) is amended— (i) in paragraph (1) by striking out “12” and inserting in lieu thereof “12, 41”; and (ii) in the second sentence by striking out “42,” and inserting in lieu thereof “41, 42.”.Pub. L. 94–455 § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 6161(d)(2)
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Pub. L. 96–223 title I § 101(f)(1)(H) · 94 Stat. 229
Inserted · 26 U.S.C. § 6161(b)(1)
Pub. L. 96–223 inserted references to chapter 45
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 96–223 inserted references to chapter 45.Enacted provision · exact public law section
(H) section 6161(b)(1),Pub. L. 96–589 § 6(i)(8) · 94 Stat. 3389
Substituted · 26 U.S.C. § 6161(c)
Pub. L. 96–589 substituted “Claims in cases under title 11 of the United States Code or in receivership proceedings” for “Claims in bankruptcy or receivership proceedings” in heading
Substituted · 26 U.S.C. § 6161(c)
Pub. L. 96–589 substituted reference to cases under title 11 of the United States Code, for reference to bankruptcy proceedings in text
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–589 substituted “Claims in cases under title 11 of the United States Code or in receivership proceedings” for “Claims in bankruptcy or receivership proceedings” in heading, and substituted reference to cases under title 11 of the United States Code, for reference to bankruptcy proceedings in text.Enacted provision · exact public law section
(8) Subsection (c) of section 6161 (relating to claims in bankruptcy or receivership proceedings) is amended— (A) by striking out “in bankruptcy or receivership proceedings” and 11 USC 101 et seq. inserting in lieu thereof “in cases under title 11 of the United States Code or in receivership proceedings”, and (B) by striking out “Bankruptcy or Receivership Proceedings” in the subsection heading and inserting in lieu thereof “Cases Under Title 11 of the United States Code or in Receivership Proceedings”.Economic Recovery Tax Act of 1981
Pub. L. 97–34 title IV § 422(e)(1) · 95 Stat. 175
Struck · 26 U.S.C. § 6161(a)(2)(B)
Pub. L. 97–34 struck out reference to section 6166A
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 97–34 struck out reference to section 6166A.Enacted provision · exact public law section
(1) Sections 303(b)(1)(C), 2204(c), and 6161(a)(2)(B) are each amended by striking out “or 6166A” each place it appears.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 title I § 1941(b)(2)(B)(viii) · 102 Stat. 1107
Substituted · 26 U.S.C. § 6161(b)(1)
Pub. L. 100–418 substituted “or 44” for “44, or 45” in two places
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 100–418 substituted “or 44” for “44, or 45” in two places.Enacted provision · exact public law section
(viii) section 6161(b)(1),Victims of Terrorism Tax Relief Act of 2001
Pub. L. 107–134 title I § 112(d)(3) · 115 Stat. 2427
Added · 26 U.S.C. § 6161(d)(3)
Pub. L. 107–134 added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 107–134 added par. (3).Enacted provision · exact public law section
(3) Section 6161(d) is amended by adding at the end the following new paragraph: “(3) Postponement of certain acts.— “For time for performing certain acts postponed by reason of war, see section 7508, and by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.”.Effective date note
Amendment by Pub. L. 107–134 applicable to disasters and terroristic or military actions occurring on or after Sept. 11, 2001, with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Benefit Guaranty Corporation occurring on or after Jan. 23, 2002, see section 112(f) of Pub. L. 107–134, set out as a note under section 6081 of this title.
18 of 19 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1958–2002 · 9 rounds
2002
Subsec. (d)(3). Pub. L. 107–134 added par. (3).
1988
Subsec. (b)(1). Pub. L. 100–418 substituted “or 44” for “44, or 45” in two places.
1981
Subsec. (a)(2)(B). Pub. L. 97–34 struck out reference to section 6166A.
1980
Subsec. (b)(1). Pub. L. 96–223 inserted references to chapter 45.
Subsec. (c). Pub. L. 96–589 substituted “Claims in cases under title 11 of the United States Code or in receivership proceedings” for “Claims in bankruptcy or receivership proceedings” in heading, and substituted reference to cases under title 11 of the United States Code, for reference to bankruptcy proceedings in text.
1976
Subsec. (a)(1). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (a)(2). Pub. L. 94–455, § 2004(c)(1), struck out in subpar. (A) “that the payment, on the due date, of” before “any part of the amount”, in subpar. (B) provisions relating to payment, on the date fixed for payment of any installment, and subpar. (C) which related to payment upon notice and demand of a deficiency prorated under the provisions of section 6161, inserted in subpar. (B) “or 6166A” after “section 6166”, substituted in subpar. (B) “under such section” for “the date for payment for which had not arrived”, and inserted in text following subpar. (B) provisions relating to extension of time for payment in the case of an amount referred to in subpar. (B).
Subsec. (b). Pub. L. 94–455, §§ 1307(d)(2)(C), 1605(b)(3), 2004(c)(2), among other changes, inserted reference to chapter 41, effective on or after , and reference to chapter 44, applicable to taxable years of real estate investment trusts beginning after , and struck out provisions relating to grant of extensions with respect to hardships to taxpayers, applicable to the estates of decedents dying after .
Subsec. (d)(2). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
1974
Subsec. (b). Pub. L. 93–406 inserted references to chapter 43.
1970
Subsec. (a)(1). Pub. L. 91–614 substituted “6 months (12 months in the case of estate tax)” for “6 months”.
1969
Subsec. (b). Pub. L. 91–172 inserted references to chapter 42.
1958
Subsec. (a)(2). Pub. L. 85–866 inserted provisions allowing Secretary or his delegate to extend time for payment for reasonable period, not exceeding 10 years from date prescribed by section 6151(a), if he finds that payment on date fixed for payment of any installment under section 6166, or any part of such installment, or payment of any part of a deficiency prorated under section 6166 to installments the date for payment of which had arrived would result in undue hardship.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–134 applicable to disasters and terroristic or military actions occurring on or after , with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Benefit Guaranty Corporation occurring on or after , see section 112(f) of Pub. L. 107–134, set out as a note under section 6081 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–418 applicable to crude oil removed from the premises on or after , see section 1941(c) of Pub. L. 100–418, set out as a note under section 164 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–34 applicable to estates of decedents dying after , see section 422(f)(1) of Pub. L. 97–34, set out as a note under section 6166 of this title.
Effective Date of 1980 Amendments
Amendment by Pub. L. 96–589 effective , but not applicable to proceedings under Title 11, Bankruptcy, commenced before , see section 7(e) of Pub. L. 96–589, set out as a note under section 108 of this title.
Pub. L. 96–223, title I, § 101(i), , 94 Stat. 254, as amended by Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that:
“(1) In general.—
The amendments made by this section [enacting sections 4986 to 4998, 6050C, 6076, and 7241 of this title and amending this section and sections 164, 6211, 6212, 6213, 6214, 6302, 6344, 6501, 6511, 6512, 6601, 6611, 6652, 6653, 6862, 7422, and 7512 of this title] shall apply to periods after .
“(2) Transitional rules.—
For the period ending , the Secretary of the Treasury or his delegate shall prescribe rules relating to the administration of chapter 45 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 45 of such Code (or in so much of subtitle F of such Code [section 6001 et seq. of this title] as relates to such chapter 45).”
Effective Date of 1976 Amendment
Amendment by section 1307(d)(2)(C) of Pub. L. 94–455 effective on and after , see section 1307(e)(6) of Pub. L. 94–455, set out as a note under section 501 of this title.
For effective date of amendment by section 1605(b)(3) of Pub. L. 94–455, see section 1608(d) of Pub. L. 94–455, set out as a note under section 856 of this title.
Amendment by section 2004(c)(1), (2) of Pub. L. 94–455 applicable to estates of decedents dying after , see section 2004(g) of Pub. L. 94–455, set out as an Effective Date note under section 6166 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–406 applicable, except as otherwise provided in section 1017(c) through (i) of Pub. L. 93–406, for plan years beginning after , but, in the case of plans in existence on , amendment by Pub. L. 93–406 applicable for plan years beginning after , see section 1017 of Pub. L. 93–406, set out as an Effective Date; Transitional Rules note under section 410 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–614 applicable with respect to decedents dying after , see section 101(j) of Pub. L. 91–614, set out as a note under section 2032 of this title.
Effective Date of 1969 Amendment
Amendment by Pub. L. 91–172 effective , see section 101(k)(1) of Pub. L. 91–172, set out as an Effective Date note under section 4940 of this title.
Effective Date of 1958 Amendment
Pub. L. 85–866, title II, § 206(f), , 72 Stat. 1685, as amended by Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that: “The amendments made by this section [enacting section 6166 of this title and amending this section and sections 6503 and 6601 of this title] shall apply to estates of decedents with respect to which the date for the filing of the estate tax return (including extensions thereof) prescribed by section 6075(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] is after the date of the enactment of this Act []; except that (1) section 6166(i) of such Code as added by this section shall apply to estates of decedents dying after , but only if the date for the filing of the estate tax return (including extensions thereof) expired on or before the date of the enactment of this Act [], and (2) notwithstanding section 6166(a) of such Code, if an election under such section is required to be made before the sixtieth day after the date of the enactment of this Act [] such an election shall be considered timely if made on or before such sixtieth day.”
Credits
1954–2002 · 11 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 762
- 1958Pub. L. 85–866, title II, § 206(c), , 72 Stat. 1684
- 1969Pub. L. 91–172, title I, § 101(j)(37), , 83 Stat. 530
- 1970Pub. L. 91–614, title I, § 101(h), , 84 Stat. 1838
- 1974Pub. L. 93–406, title II, § 1016(a)(7), , 88 Stat. 929
- 1976Pub. L. 94–455, title XIII, § 1307(d)(2)(C), title XVI, § 1605(b)(3), title XIX, § 1906(b)(13)(A), title XX, § 2004(c)(1), (2), , 90 Stat. 1727, 1754, 1834, 1867, 1868
- 1980Pub. L. 96–223, title I, § 101(f)(1)(H), , 94 Stat. 252
- 1980Pub. L. 96–589, § 6(i)(8), , 94 Stat. 3410
- 1981Pub. L. 97–34, title IV, § 422(e)(1), , 95 Stat. 316
- 1988Pub. L. 100–418, title I, § 1941(b)(2)(B)(viii), , 102 Stat. 1323
- 2002Pub. L. 107–134, title I, § 112(d)(3), , 115 Stat. 2435.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 762; Pub. L. 85–866, title II, § 206(c), , 72 Stat. 1684; Pub. L. 91–172, title I, § 101(j)(37), , 83 Stat. 530; Pub. L. 91–614, title I, § 101(h), , 84 Stat. 1838; Pub. L. 93–406, title II, § 1016(a)(7), , 88 Stat. 929; Pub. L. 94–455, title XIII, § 1307(d)(2)(C), title XVI, § 1605(b)(3), title XIX, § 1906(b)(13)(A), title XX, § 2004(c)(1), (2), , 90 Stat. 1727, 1754, 1834, 1867, 1868; Pub. L. 96–223, title I, § 101(f)(1)(H), , 94 Stat. 252; Pub. L. 96–589, § 6(i)(8), , 94 Stat. 3410; Pub. L. 97–34, title IV, § 422(e)(1), , 95 Stat. 316; Pub. L. 100–418, title I, § 1941(b)(2)(B)(viii), , 102 Stat. 1323; Pub. L. 107–134, title I, § 112(d)(3), , 115 Stat. 2435.)