Title 26 — Internal Revenue Code

Part III · Chapter 1 — Normal Taxes and Surtaxes

§ 860. Deduction for deficiency dividends

Statutory text

General rule

If a determination with respect to any qualified investment entity results in any adjustment for any taxable year, a deduction shall be allowed to such entity for the amount of deficiency dividends for purposes of determining the deduction for dividends paid (for purposes of section 852 or 857, whichever applies) for such year.

Qualified investment entity defined

For purposes of this section, the term “qualified investment entity” means—

a regulated investment company, and

a real estate investment trust.

Rules for application of section

Interest and additions to tax determined with respect to the amount of deficiency dividend deduction allowed

For purposes of determining interest, additions to tax, and additional amounts—

the tax imposed by this chapter (after taking into account the deduction allowed by subsection (a)) on the qualified investment entity for the taxable year with respect to which the determination is made shall be deemed to be increased by an amount equal to the deduction allowed by subsection (a) with respect to such taxable year,

the last date prescribed for payment of such increase in tax shall be deemed to have been the last date prescribed for the payment of tax (determined in the manner provided by section 6601(b)) for the taxable year with respect to which the determination is made, and

such increase in tax shall be deemed to be paid as of the date the claim for the deficiency dividend deduction is filed.

Credit or refund

If the allowance of a deficiency dividend deduction results in an overpayment of tax for any taxable year, credit or refund with respect to such overpayment shall be made as if on the date of the determination 2 years remained before the expiration of the period of limitations on the filing of claim for refund for the taxable year to which the overpayment relates.

Adjustment

For purposes of this section—

Adjustment in the case of regulated investment company

In the case of any regulated investment company, the term “adjustment” means—

any increase in the investment company taxable income of the regulated investment company (determined without regard to the deduction for dividends paid (as defined in section 561)),

any increase in the amount of the excess described in section 852(b)(3)(A) (relating to the excess of the net capital gain over the deduction for capital gain dividends paid), and

any decrease in the deduction for dividends paid (as defined in section 561) determined without regard to capital gains dividends.

Adjustment in the case of real estate investment trust

In the case of any real estate investment trust, the term “adjustment” means—

any increase in the sum of—

the real estate investment trust taxable income of the real estate investment trust (determined without regard to the deduction for dividends paid (as defined in section 561) and by excluding any net capital gain), and

the excess of the net income from foreclosure property (as defined in section 857(b)(4)(B)) over the tax on such income imposed by section 857(b)(4)(A),

any increase in the amount of the excess described in section 857(b)(3)(A)(ii) 1 (relating to the excess of the net capital gain over the deduction for capital gains dividends paid), and

any decrease in the deduction for dividends paid (as defined in section 561) determined without regard to capital gains dividends.

Determination

For purposes of this section, the term “determination” means—

a decision by the Tax Court, or a judgment, decree, or other order by any court of competent jurisdiction, which has become final;

a closing agreement made under section 7121;

under regulations prescribed by the Secretary, an agreement signed by the Secretary and by, or on behalf of, the qualified investment entity relating to the liability of such entity for tax; or

a statement by the taxpayer attached to its amendment or supplement to a return of tax for the relevant tax year.

Deficiency dividends

Definition

For purposes of this section, the term “deficiency dividends” means a distribution of property made by the qualified investment entity on or after the date of the determination and before filing claim under subsection (g), which would have been includible in the computation of the deduction for dividends paid under section 561 for the taxable year with respect to which the liability for tax resulting from the determination exists if distributed during such taxable year. No distribution of property shall be considered as deficiency dividends for purposes of subsection (a) unless distributed within 90 days after the determination, and unless a claim for a deficiency dividend deduction with respect to such distribution is filed pursuant to subsection (g).

Limitations

Ordinary dividends

The amount of deficiency dividends (other than deficiency dividends qualifying as capital gain dividends) paid by a qualified investment entity for the taxable year with respect to which the liability for tax resulting from the determination exists shall not exceed the sum of—

the excess of the amount of increase referred to in subparagraph (A) of paragraph (1) or (2) of subsection (d) (whichever applies) over the amount of any increase in the deduction for dividends paid (computed without regard to capital gain dividends) for such taxable year which results from such determination, and

the amount of decrease referred to in subparagraph (C) of paragraph (1) or (2) of subsection (d) (whichever applies).

Capital gain dividends

The amount of deficiency dividends qualifying as capital gain dividends paid by a qualified investment entity for the taxable year with respect to which the liability for tax resulting from the determination exists shall not exceed the amount by which (i) the increase referred to in subparagraph (B) of paragraph (1) or (2) of subsection (d) (whichever applies), exceeds (ii) the amount of any dividends paid during such taxable year which are designated or reported (as the case may be) as capital gain dividends after such determination.

Effect on dividends paid deduction

For taxable year in which paid

Deficiency dividends paid in any taxable year shall not be included in the amount of dividends paid for such year for purposes of computing the dividends paid deduction for such year.

For prior taxable year

Deficiency dividends paid in any taxable year shall not be allowed for purposes of section 855(a) or 858(a) in the computation of the dividends paid deduction for the taxable year preceding the taxable year in which paid.

Claim required

No deficiency dividend deduction shall be allowed under subsection (a) unless (under regulations prescribed by the Secretary) claim therefore is filed within 120 days after the date of the determination.

Suspension of statute of limitations and stay of collection

Suspension of running of statute

If the qualified investment entity files a claim as provided in subsection (g), the running of the statute of limitations provided in section 6501 on the making of assessments, and the bringing of distraint or a proceeding in court for collection, in respect of the deficiency established by a determination under this section, and all interest, additions to tax, additional amounts, or assessable penalties in respect thereof, shall be suspended for a period of 2 years after the date of the determination.

Stay of collection

In the case of any deficiency established by a determination under this section—

the collection of the deficiency, and all interest, additions to tax, additional amounts, and assessable penalties in respect thereof, shall, except in cases of jeopardy, be stayed until the expiration of 120 days after the date of the determination, and

if claim for a deficiency dividend deduction is filed under subsection (g), the collection of such part of the deficiency as is not reduced by the deduction for deficiency dividends provided in subsection (a) shall be stayed until the date the claim is disallowed (in whole or in part), and if disallowed in part collection shall be made only with respect to the part disallowed.

No distraint or proceeding in court shall be begun for the collection of an amount the collection of which is stayed under subparagraph (A) or (B) during the period for which the collection of such amount is stayed.

Deduction denied in case of fraud

No deficiency dividend deduction shall be allowed under subsection (a) if the determination contains a finding that any part of any deficiency attributable to an adjustment with respect to the taxable year is due to fraud with intent to evade tax or to willful failure to file an income tax return within the time prescribed by law or prescribed by the Secretary in pursuance of law.

Footnotes

1 See References in Text note below.

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.

1978
Pub. L. 95–600 title III § 362(a) · 92 Stat. 2763
Enacted · 26 U.S.C. § 860
Added Pub. L. 95–600, title III, § 362(a), Nov. 6, 1978, 92 Stat. 2848
Source evidence
Code source credit
Added Pub. L. 95–600, title III, § 362(a), Nov. 6, 1978, 92 Stat. 2848
Enacted provision · exact public law section
(a) General Rule.— Subchapter M of chapter 1 (relating to regulated investment companies and real estate investment trusts) is amended by adding at the end thereof the following new part: “PART III— PROVISIONS WHICH APPLY TO BOTH REGULATED INVESTMENT COMPANIES AND REAL ESTATE INVESTMENT TRUSTS “Sec. 860. Deduction for deficiency dividends. “SEC. 860. DEDUCTION FOR DEFICIENCY DIVIDENDS. “(a) General Rule.— If a determination with respect to any qualified investment entity results in any adjustment for any taxable year, a deduction shall be allowed to such entity for the amount of deficiency dividends for purposes of determining the deduction for 26 USC 852, 857. dividends paid (for purposes of section 852 or 857, whichever applies) for such year. “(b) Qualified Investment Entity Defined.— For purposes of this section, the term ‘qualified investment entity’ means— “(1) a regulated investment company, and “(2) a real estate investment trust. “(c) Rules for Application of Section.— “(1) Interest and additions to tax determined with respect to the amount of deficiency dividend deduction allowed.— For purposes of determining interest, additions to tax, and additional amounts— “(A) the tax imposed by this chapter (after taking into account the deduction allowed by subsection (a)) on the qualified investment entity for the taxable year with respect to which the determination is made shall be deemed to be increased by an amount equal to the deduction allowed by subsection (a) with respect to such taxable year, “(B) the last date prescribed for payment of such increase in tax shall be deemed to have been the last date prescribed for the payment of tax (determined in the manner provided 26 USC 6601. by section 6601(b)) for the taxable year with respect to which the determination is made, and “(C) such increase in tax shall be deemed to be paid as of the date the claim for the deficiency dividend deduction is filed. “(2) Credit or refund.— If the allowance of a deficiency dividend deduction results in an overpayment of tax for any taxable year, credit or refund with respect to such overpayment shall be made as if on the date of the determination 2 years remained before the expiration of the period of limitations on the filing of claim for renmd for the taxable year to which the overpayment relates. “(d) Adjustment.— For purposes of this section— “(1) Adjustment in the case of regulated investment company.— In the case of any regulated investment company, the term ‘adjustment’ means— “(A) any increase in the investment company taxable income of the regulated investment company (determined without regard to the deduction for dividends paid (as 26 USC 561. defined in section 561)), “(B) any increase in the amount of the excess described in 26 USC 852. section 852(b)(3)(A) (relating to the excess of the net capital gain over the deduction for capital gain dividends paid), and “(C) any decrease in the deduction for dividends paid (as defined in section 561) determined without regard to capital 26 USC 561. gains dividends. “(2) Adjustment in the case of real estate investment trust.— In the case of any real estate investment trust, the term ‘adjustment’ means— “(A) any increase in the sum of— “(i) the real estate investment trust taxable income of the real estate investment trust (determined without regard to the deduction for dividends paid (as defined in section 561) and by excluding any net capital gain), and “(ii) the excess of the net income from foreclosure property (as defined in section 857(b)(4)(B)) over the tax 26 USC 857. on such income imposed by section 857(b)(4)(A), “(B) any increase in the amount of the excess described in section 857(b)(3)(A)(ii) (relating to the excess of the net capital gain over the deduction for capital gains dividends paid), and “(C) any decrease in the deduction for dividends paid (as defined in section 561) determined without regard to capital 26 USC 561. gains dividends. “(e) Determination.— For purposes of this section, the term ‘determination’ means— “(1) a decision by the Tax Court, or a judgment, decree, or other order by any court of competent jurisdiction, which has become final; “(2) a closing agreement made under section 7121; or 26 USC 7121. “(3) under regulations prescribed by the Secretary, an agreement signed by the Secretary and by, or on behalf of, the qualified investment entity relating to the liability of such entity for tax. “(f) Efficiency Dividends.— “(1) Definition.— For purposes of this section, the term ‘deficiency dividends’ means a distribution of property made by the qualified investment entity on or after the date of the determination and before filing claim under subsection (g), which would have been includible in the computation of the deduction for dividends paid under section 561 for the taxable year with respect to which the liability for tax resulting from the determination exists if distributed during such taxable year. No distribution of property shall be considered as deficiency dividends for purposes of subsection (a) unless distributed within 90 days after the determination, and unless a claim for a deficiency dividend deduction with respect to such distribution is filed pursuant to subsection (g). “(2) Limitations.— “(A) Ordinary dividends.— The amount of deficiency dividends (other than deficiency dividends qualifying as capital gain dividends) paid by a qualified investment entity for the taxable year with respect to which the liability for tax resulting from the determination exists shall not exceed the sum of— “(i) the excess of the amount of increase referred to in subparagraph (A) of paragraph (1) or (2) of subsection (d) (whichever applies) over the amount of any increase in the deduction for dividends paid computed without regard to capital gain dividends) for such taxable year which results from such determination, and “(ii) the amount of decreased referred to in subparagraph (C) of paragraph (1) or (2) of subsection (d) (whichever applies). “(B) Capital gain dividends.— The amount of deficiency dividends qualifying as capital gain dividends paid by a qualified investment entity for the taxable year with respect to which the liability for tax resulting from the determination exists shall not exceed the amount by which (i) the increase referred to in subparagraph (B) of paragraph (1) or (2) of subsection (d) (whichever applies), exceeds (ii) the amount of any dividends paid during such taxable year which are designated as capital gain dividends after such determination. “(3) Effect on dividends paid deduction.— “(A) For taxable year in which paid.— Deficiency dividends paid in any taxable year shall not be included in the amount of dividends paid for such year for purposes of computing the dividends paid deduction for such year. “(B) For prior taxable year.— Deficiency dividends paid in any taxable year shall not be allowed for purposes of 26 USC 855, 858. section 855(a) or 858(a) in the computation of the dividends paid deduction for the taxable year preceding the taxable year in which paid. “(g) Claim Required.— No deficiency dividend deduction shall be allowed under subsection (a) unless (under regulations prescribed by the Secretary) claim therefore is filed within 120 days after the date of the determination. “(h) Suspension of Statute of Limitations and Stay of Collection.— “(1) Suspension of running of statute.— If the qualified investment entity files a claim as provided in subsection (g), the 26 USC 6501. running of the statute of limitations provided in section 6501 on the maldng of assessments, and the bringing of distraint or a proceeding in court for collection, in respect of the deficiency established by a determination under this section, and all interest, additions to tax, additional amounts, or assessable penalties in respect thereof, shall be suspended for a period of 2 years after the date of the determination. “(2) Stay of collection.— In the case of any deficiency established by a determination under this section— “(A) the collection of the deficiency, and all interest, additions to tax, additional amounts, and assessable penalties in respect thereof, shall, except in cases of jeopardy, be stayed until the expiration of 120 days after the date of the determination, and “(B) if claim for a deficiency dividend deduction is filed under subsection (g), the collection of such part of the deficiency as is not reduced by the deduction for deficiency dividends provided in subsection (a) shall be stayed until the date the claim is disallowed (in whole or in part), and if disallowed in part collection shall be made only with respect to the part disallowed. No distraint or proceeding in court shall be begun for the collection of an amount the collection of which is stayed under subparagraph (A) or (B) during the period for which the collection of such amount is stayed. “(i) Deduction Denied in Case of Fraud.— No deficiency dividend deduction shall be allowed under subsection (a) if the determination contains a finding that any part of any deficiency attributable to an adjustment with respect to the taxable year is due to fraud with intent to evade tax or to willfull failure to file an income tax return within the time prescribed by law or prescribed by the Secretary in pursuance of law. “(j) Penalty.— “For assessable penalty with respect to liability for tax of a qualified investment entity which is allowed a deduction under subsection (a), see section 6697.”
1980
Technical Corrections Act of 1979
Pub. L. 96–222 title I § 103(a)(11)(B) · 94 Stat. 194
1. Substituted · 26 U.S.C. § 860(f)
  Pub. L. 96–222 substituted in heading “Deficiency” for “Efficiency”
2. Substituted · 26 U.S.C. § 860(f)
  Pub. L. 96–222 substituted in heading “(computed without regard” for “computed without regard”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 96–222 substituted in heading “Deficiency” for “Efficiency” and in par. (2)(A)(i) “(computed without regard” for “computed without regard”.
Enacted provision · exact public law section
(B) The subsection heading of subsection (f) of section 860 is amended by striking out “Efficiency” and inserting in lieu thereof “Deficiency”.
1986
Tax Reform Act of 1986
Pub. L. 99–514 title VI § 667(b)(1) · 100 Stat. 2085
Substituted · 26 U.S.C. § 860(j)
Pub. L. 99–514 substituted “regulated investment company” for “qualified investment entity”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 99–514 substituted “regulated investment company” for “qualified investment entity”.
Enacted provision · exact public law section
(1) Subsection (j) of section 860 is amended by striking out “qualified investment entity” and inserting in lieu thereof “regulated investment company”.
2004
Pub. L. 108–357 title II § 243(f)(5) · 118 Stat. 1418
Added · 26 U.S.C. § 860(e)(4)
Pub. L. 108–357 added par. (4)
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 108–357 added par. (4).
Enacted provision · exact public law section
(5) Expansion of deficiency dividend procedure.— Subsection (e) of section 860 is amended by striking “or” at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting “; or”, and by adding at the end the following new paragraph: “(4) a statement by the taxpayer attached to its amendment or supplement to a return of tax for the relevant tax year.” .
2010
Regulated Investment Company Modernization Act of 2010
Pub. L. 111–325 § 301(a)(2) · 124 Stat. 3537
Inserted · 26 U.S.C. § 860(f)(2)(B)
Pub. L. 111–325, § 301(a)(2), inserted “or reported (as the case may be)” after “designated”
Source evidence
Code amendment note
Subsec. (f)(2)(B). Pub. L. 111–325, § 301(a)(2), inserted “or reported (as the case may be)” after “designated”.
Enacted provision · exact public law section
(2) Conforming amendment.— Subparagraph (B) of section 860(f)(2) is 26 USC 860. amended by inserting “or reported (as the case may be)” after “designated”.
Effective date note
Amendment by section 301(a)(2) of Pub. L. 111–325 applicable to taxable years beginning after Dec. 22, 2010, see section 301(h) of Pub. L. 111–325, set out as a note under section 852 of this title. Pub. L. 111–325, title V, § 501(c), Dec. 22, 2010, 124 Stat. 3554, provided that: “The amendments made by this section [amending this section and repealing section 6697 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 22, 2010].”
2010
Regulated Investment Company Modernization Act of 2010
Pub. L. 111–325 § 501(b) · 124 Stat. 3537
Struck · 26 U.S.C. § 860(j)
Pub. L. 111–325, § 501(b), struck out subsec. (j). Text read as follows: “For assessable penalty with respect to liability for tax of a regulated investment company which is allowed a deduction under subsection (a), see section 6697.”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 111–325, § 501(b), struck out subsec. (j). Text read as follows: “For assessable penalty with respect to liability for tax of a regulated investment company which is allowed a deduction under subsection (a), see section 6697.”
Enacted provision · exact public law section
(b) Conforming Amendment.— Section 860 is amended by striking subsection (j).
Effective date note
Amendment by section 301(a)(2) of Pub. L. 111–325 applicable to taxable years beginning after Dec. 22, 2010, see section 301(h) of Pub. L. 111–325, set out as a note under section 852 of this title. Pub. L. 111–325, title V, § 501(c), Dec. 22, 2010, 124 Stat. 3554, provided that: “The amendments made by this section [amending this section and repealing section 6697 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 22, 2010].”
2018
Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 § 401(a)(149) · 132 Stat. 348
Substituted · 26 U.S.C. § 860(f)(2)(A)(ii)
Pub. L. 115–141, § 401(a)(149), substituted “decrease” for “decreased”
Source evidence
Code amendment note
Subsec. (f)(2)(A)(ii). Pub. L. 115–141, § 401(a)(149), substituted “decrease” for “decreased”.
Enacted provision · exact public law section
Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.
2018
Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 § 401(a)(150) · 132 Stat. 348
Substituted · 26 U.S.C. § 860(i)
Pub. L. 115–141, § 401(a)(150), substituted “willful” for “willfull”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 115–141, § 401(a)(150), substituted “willful” for “willfull”.
Enacted provision · exact public law section
Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.

9 of 9 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 857(b)(3)(A), referred to in subsec. (d)(2)(B), relating to alternative tax in case of capital gains, was repealed by Pub. L. 115–97, title I, § 13001(b)(2)(K)(i), Dec. 22, 2017, 131 Stat. 2096. Subsec. (b)(3)(B) of section 857, relating to treatment of capital gain dividends by shareholders, was redesignated subsec. (b)(3)(A) of that section.

Prior Provisions

A prior section 860 was renumbered section 859 of this title.

Amendments1980–2018 · 5 rounds

2018

Subsec. (f)(2)(A)(ii). Pub. L. 115–141, § 401(a)(149), substituted “decrease” for “decreased”.

Subsec. (i). Pub. L. 115–141, § 401(a)(150), substituted “willful” for “willfull”.

2010

Subsec. (f)(2)(B). Pub. L. 111–325, § 301(a)(2), inserted “or reported (as the case may be)” after “designated”.

Subsec. (j). Pub. L. 111–325, § 501(b), struck out subsec. (j). Text read as follows: “For assessable penalty with respect to liability for tax of a regulated investment company which is allowed a deduction under subsection (a), see section 6697.”

2004

Subsec. (e)(4). Pub. L. 108–357 added par. (4).

1986

Subsec. (j). Pub. L. 99–514 substituted “regulated investment company” for “qualified investment entity”.

1980

Subsec. (f). Pub. L. 96–222 substituted in heading “Deficiency” for “Efficiency” and in par. (2)(A)(i) “(computed without regard” for “computed without regard”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by section 301(a)(2) of Pub. L. 111–325 applicable to taxable years beginning after Dec. 22, 2010, see section 301(h) of Pub. L. 111–325, set out as a note under section 852 of this title.

Pub. L. 111–325, title V, § 501(c), Dec. 22, 2010, 124 Stat. 3554, provided that: “The amendments made by this section [amending this section and repealing section 6697 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 22, 2010].”

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–357 applicable to statements filed after Oct. 22, 2004, see section 243(g)(4)(E) of Pub. L. 108–357, set out as a note under section 856 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 669 of Pub. L. 99–514, set out as a note under section 856 of this title.

Effective Date

Pub. L. 95–600, title III, § 362(e), Nov. 6, 1978, 92 Stat. 2852, as amended by Pub. L. 96–222, title I, § 103(a)(11)(A), Apr. 1, 1980, 94 Stat. 212; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “The amendments made by this section [enacting this section, amending sections 316, 381, 852, 857, 6422, 6503, 6515, and 6697 of this title, repealing section 859 of this title, and redesignating prior section 860 as 859 of this title] shall apply with respect to determinations (as defined in section 860(e) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) after the date of the enactment of this Act [Nov. 6, 1978].”

Credits

1978–2018 · 6 acts

1978Added Pub. L. 95–600, title III, § 362(a), Nov. 6, 1978, 92 Stat. 2848
1980amended Pub. L. 96–222, title I, § 103(a)(11)(B), (C), Apr. 1, 1980, 94 Stat. 213
1986Pub. L. 99–514, title VI, § 667(b)(1), Oct. 22, 1986, 100 Stat. 2306
2004Pub. L. 108–357, title II, § 243(f)(5), Oct. 22, 2004, 118 Stat. 1445
2010Pub. L. 111–325, title III, § 301(a)(2), title V, § 501(b), Dec. 22, 2010, 124 Stat. 3542, 3554
2018Pub. L. 115–141, div. U, title IV, § 401(a)(149), (150), Mar. 23, 2018, 132 Stat. 1191.

Show as published

(Added Pub. L. 95–600, title III, § 362(a), Nov. 6, 1978, 92 Stat. 2848; amended Pub. L. 96–222, title I, § 103(a)(11)(B), (C), Apr. 1, 1980, 94 Stat. 213; Pub. L. 99–514, title VI, § 667(b)(1), Oct. 22, 1986, 100 Stat. 2306; Pub. L. 108–357, title II, § 243(f)(5), Oct. 22, 2004, 118 Stat. 1445; Pub. L. 111–325, title III, § 301(a)(2), title V, § 501(b), Dec. 22, 2010, 124 Stat. 3542, 3554; Pub. L. 115–141, div. U, title IV, § 401(a)(149), (150), Mar. 23, 2018, 132 Stat. 1191.)