CHAPTER 23 —MISCELLANEOUS
§2301. Use of electronic commerce in Federal procurement
(a)
(b)
(c)
(d)
(1) are implemented with uniformity throughout the agency, to the extent practicable;
(2) are implemented only after granting due consideration to the use or partial use, as appropriate, of existing electronic commerce and electronic data interchange systems and infrastructures such as the Federal acquisition computer network architecture known as FACNET;
(3) facilitate access to Federal Government procurement opportunities, including opportunities for small business concerns, socially and economically disadvantaged small business concerns, and business concerns owned predominantly by women; and
(4) ensure that any notice of agency requirements or agency solicitation for contract opportunities is provided in a form that allows convenient and universal user access through a single, Government-wide point of entry.
(e)
(1) issue policies to promote, to the maximum extent practicable, uniform implementation of this section by executive agencies, with due regard for differences in program requirements among agencies that may require departures from uniform procedures and processes in appropriate cases, when warranted because of the agency mission;
(2) ensure that the head of each executive agency complies with the requirements of subsection (d); and
(3) consult with the heads of appropriate Federal agencies with applicable technical and functional expertise, including the Office of Information and Regulatory Affairs, the National Institute of Standards and Technology, the General Services Administration, and the Department of Defense.
(f)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2301(a) | 41:426(f). | |
2301(b) | 41:426(a). | |
2301(c) | 41:426(b). | |
2301(d) | 41:426(c). | |
2301(e) | 41:426(d). |
In this section, the text of 41:426(e) is omitted as obsolete because the last report was to be submitted not later than March 1, 2004.
In subsection (c), the word "executive" is added for clarity and for consistency in the revised section.
In subsection (e)(2), the words "with respect to the agency systems, technologies, procedures, and processes established pursuant to this section" are omitted as unnecessary.
Editorial Notes
Amendments
2016—Subsec. (f).
Executive Documents
Streamlining Procurement Through Electronic Commerce
Memorandum of President of the United States, Oct. 28, 1993, 58 F.R. 58095, provided:
Memorandum for the Heads of Executive Departments and Agencies [and] the President's Management Council
The Federal Government spends $200 billion annually buying goods and services. Unfortunately, the red tape and burdensome paperwork of the current procurement system increases costs, produces unnecessary delays, and reduces Federal work force productivity. Moving to an electronic commerce system to simplify and streamline the purchasing process will promote customer service and cost-effectiveness. The electronic exchange of acquisition information between the private sector and the Federal Government also will increase competition by improving access to Federal contracting opportunities for the more than 300,000 vendors currently doing business with the Government, particularly small businesses, as well as many other vendors who find access to bidding opportunities difficult under the current system. For these reasons, I am committed to fundamentally altering and improving the way the Federal Government buys goods and services by ensuring that electronic commerce is implemented for appropriate Federal purchases as quickly as possible.
1. OBJECTIVES.
The objectives of this electronic commerce initiative are to:
(a) exchange procurement information—such as solicitations, offers, contracts, purchase orders, invoices, payments, and other contractual documents—electronically between the private sector and the Federal Government to the maximum extent practical;
(b) provide businesses, including small, small disadvantaged, and women-owned businesses, with greater access to Federal procurement opportunities;
(c) ensure that potential suppliers are provided simplified access to the Federal Government's electronic commerce system;
(d) employ nationally and internationally recognized data formats that serve to broaden and ease the electronic interchange of data; and
(e) use agency and industry systems and networks to enable the Government and potential suppliers to exchange information and access Federal procurement data.
2. IMPLEMENTATION.
The President's Management Council, in coordination with the Office of Federal Procurement Policy of the Office of Management and Budget, and in consultation with appropriate Federal agencies with applicable technical and functional expertise, as necessary, shall provide overall leadership, management oversight, and policy direction to implement electronic commerce in the executive branch through the following actions:
(a) by March 1994, define the architecture for the Government-wide electronic commerce acquisition system and identify executive departments or agencies responsible for developing, implementing, operating, and maintaining the Federal electronic system;
(b) by September 1994, establish an initial electronic commerce capability to enable the Federal Government and private vendors to electronically exchange standardized requests for quotations, quotes, purchase orders, and notice of awards and begin Government-wide implementation;
(c) by July 1995, implement a full scale Federal electronic commerce system that expands initial capabilities to include electronic payments, document interchange, and supporting databases; and
(d) by January 1997, complete Government-wide implementation of electronic commerce for appropriate Federal purchases, to the maximum extent possible.
This implementation schedule should be accelerated where practicable.
The head of each executive department or agency shall:
(a) ensure that budgetary resources are available, within approved budget levels, for electronic commerce implementation in each respective department or agency;
(b) assist the President's Management Council in implementing the electronic commerce system as quickly as possible in accordance with the schedules established herein; and
(c) designate one or more senior level employees to assist the President's Management Council and serve as a point of contact for the development and implementation of the Federal electronic commerce system within each respective department or agency.
3. NO PRIVATE RIGHTS CREATED.
This directive is for the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§2302. Rights in technical data
(a)
(b)
(1)
(2)
(c)
(1)
(A) the Federal Government has unlimited rights in technical data developed exclusively with Federal funds if delivery of the data—
(i) was required as an element of performance under a contract; and
(ii) is needed to ensure the competitive acquisition of supplies or services that will be required in substantial quantities in the future; and
(B) the Federal Government and each agency of the Federal Government has an unrestricted, royalty-free right to use, or to have its contractors use, for governmental purposes (excluding publication outside the Federal Government) technical data developed exclusively with Federal funds.
(2)
(d)
(1) Whether the item or process to which the technical data pertains was developed—
(A) exclusively with Federal funds;
(B) exclusively at private expense; or
(C) in part with Federal funds and in part at private expense.
(2) The statement of congressional policy and objectives in
(3) The interest of the Federal Government in increasing competition and lowering costs by developing and locating alternative sources of supply and manufacture.
(e)
(1) defining the respective rights of the Federal Government and the contractor or subcontractor (at any tier) regarding technical data to be delivered under the contract;
(2) specifying technical data to be delivered under the contract and schedules for delivery;
(3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract;
(4) establishing separate contract line items for technical data to be delivered under the contract;
(5) to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the Federal Government to use the data;
(6) requiring the contractor to revise any technical data delivered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function of the items specified in the contract and to deliver the revised technical data to an agency within a time specified in the contract;
(7) requiring the contractor to furnish written assurance, when technical data is delivered or is made available, that the technical data is complete and accurate and satisfies the requirements of the contract concerning technical data;
(8) establishing remedies to be available to the Federal Government when technical data required to be delivered or made available under the contract is found to be incomplete or inadequate or to not satisfy the requirements of the contract concerning technical data; and
(9) authorizing the head of the agency to withhold payments under the contract (or exercise another remedy the head of the agency considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2302(a) | 41:418a(a) (1st sentence). | |
2302(b) | 41:418a(a) (2d, last sentences). | |
2302(c) | 41:418a(b). | |
2302(d) | 41:418a(c). | |
2302(e) | 41:418a(d). |
In subsection (a), the words "Federal Acquisition Regulation" are substituted for "single system of Government-wide procurement regulations as defined in
§2303. Ethics safeguards related to contractor conflicts of interest
(a)
(b)
(1)
(2)
(A) define "personal conflict of interest" as it relates to contractor employees performing relevant acquisition functions; and
(B) require each contractor whose employees perform relevant acquisition functions to—
(i) identify and prevent personal conflicts of interest for the employees;
(ii) prohibit contractor employees who have access to non-public government information obtained while performing relevant acquisition functions from using the information for personal gain;
(iii) report any personal conflict-of-interest violation by an employee to the applicable contracting officer or contracting officer's representative as soon as it is identified;
(iv) maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(v) have procedures in place to screen for potential conflicts of interest for all employees performing relevant acquisition functions; and
(vi) take appropriate disciplinary action in the case of employees who fail to comply with policies established pursuant to this section.
(3)
(A)
(i) the personal conflicts-of-interest policy developed under this subsection; and
(ii) the contractor's responsibilities under the policy.
(B)
(i) contracts entered into on or after that effective date; and
(ii) task or delivery orders awarded on or after that effective date, regardless of whether the contracts pursuant to which the task or delivery orders are awarded are entered before, on, or after October 14, 2008.
(4)
(A)
(B)
(c)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2303(a) | no source. | |
2303(b), (c) | 41:405c(a), (c). |
In this section, the words "relevant acquisition functions" are substituted for "acquisition functions closely associated with inherently governmental functions" because of subsection (a).
In subsection (b), the words "Not later than 270 days after the date of the enactment of this Act" are omitted because of section 6(f) of the bill.
In subsection (b)(4)(A), the words "Except as provided in subparagraph (B)" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Preventing Organizational Conflicts of Interest in Federal Acquisition
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Preventing Organizational Conflicts of Interest in Federal Acquisition Act'.
"SEC. 2. PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN FEDERAL ACQUISITION.
"(a)
"(1) to provide and update—
"(A) definitions related to specific types of organizational conflicts of interest, including unequal access to information, impaired objectivity, and biased ground rules;
"(B) definitions, guidance, and illustrative examples related to relationships of contractors with public, private, domestic, and foreign entities that may cause contract support to be subject to potential organizational conflicts of interest, including undue influence; and
"(C) illustrative examples of situations related to the potential organizational conflicts of interest identified under this paragraph, including an example of the awarding by a Federal regulatory agency of a contract for consulting services to a contractor if employees of the contractor performing work under such contract are permitted by the contractor to simultaneously perform work under a contract for a private sector client under the regulatory purview of such agency;
"(2) to provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts of interest, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts of interest and limit future contracting with respect to potential conflicts of interest with the work to be performed under awarded contracts;
"(3) to allow executive agencies to tailor such solicitation provisions and contract clauses as necessary to address risks associated with conflicts of interest and other considerations that may be unique to the executive agency;
"(4) to require executive agencies—
"(A) to establish or update as needed agency conflict of interest procedures to implement the revisions to the Federal Acquisition Regulation made under this section; and
"(B) to periodically assess and update such procedures as needed to address agency-specific conflict of interest issues; and
"(5) to update the procedures set forth in section 9.506 of the Federal Acquisition Regulation to permit contracting officers to take into consideration professional standards and procedures to prevent organizational conflicts of interest to which an offeror or contractor is subject.
"(b)
Deadline for Issuance of Standard Policy
Review of Federal Acquisition Regulation Relating to Conflicts of Interest
"(1)
"(A) identify contracting methods, types and services that raise heightened concerns for potential personal and organizational conflicts of interest; and
"(B) determine whether revisions to the Federal Acquisition Regulation are necessary to—
"(i) address personal conflicts of interest by contractor employees with respect to functions other than those described in subsection (a) [now
"(ii) achieve sufficiently rigorous, comprehensive, and uniform government-wide policies to prevent and mitigate organizational conflicts of interest in Federal contracting.
"(2)
"(3)
§2304. Conflict of interest standards for consultants
(a)
(1) conflict of interest standards for persons who provide consulting services described in subsection (b); and
(2) procedures, including registration, certification, and enforcement requirements as may be appropriate, to promote compliance with the standards.
(b)
(1) advisory and assistance services provided to the Federal Government to the extent necessary to identify and evaluate the potential for conflicts of interest that could be prejudicial to the interests of the United States;
(2) services related to support of the preparation or submission of bids and proposals for Federal contracts to the extent that inclusion of the services in the regulations is necessary to identify and evaluate the potential for conflicts of interest that could be prejudicial to the interests of the United States; and
(3) other services related to Federal contracts as specified in the regulations prescribed under subsection (a) to the extent necessary to identify and evaluate the potential for conflicts of interest that could be prejudicial to the interests of the United States.
(c)
(1)
(2)
(d)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2304(a) | 41:405b(a). | |
2304(b) | 41:405b(b). | |
2304(c) | 41:405b(d). | |
2304(d) | 41:405b(e). |
In this section, the text of 41:405b(c) is omitted as obsolete.
In subsection (a), before paragraph (1), the words "The Administrator shall prescribe under this division Government-wide regulations" are substituted for "Not later than 90 days after October 1, 1988, the Administrator of the Office of Federal Procurement Policy shall issue a policy, and not later than 180 days thereafter Government-wide regulations shall be issued under the Office of Federal Procurement Policy Act (
In subsection (b), before paragraph (1), the words "the following types of consulting services" are omitted as unnecessary.
In subsection (c)(2), the words "Director of National Intelligence" are substituted for "Director of Central Intelligence" because of section 1081(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (
Editorial Notes
References in Text
Executive Order 12333, referred to in subsec. (c)(1), is set out as a note under
§2305. Authority of Director of Office of Management and Budget not affected
This division does not limit the authorities and responsibilities of the Director of the Office of Management and Budget in effect on December 1, 1983.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2305 | 41:405(h)(2). |
The words "in effect on December 1, 1983" are substituted for "current" for clarity.
§2306. Openness of meetings
The Administrator by regulation shall require that—
(1) formal meetings of the Office of Federal Procurement Policy, as designated by the Administrator, for developing procurement policies and regulations be open to the public; and
(2) public notice of each meeting be given not less than 10 days prior to the meeting.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2306 | 41:412(b). |
§2307. Comptroller General's access to information
The Administrator and personnel in the Office of Federal Procurement Policy shall furnish information the Comptroller General may require to discharge the responsibilities of the Comptroller General. For this purpose, the Comptroller General or representatives of the Comptroller General shall have access to all books, documents, papers, and records of the Office of Federal Procurement Policy.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2307 | 41:412(a). |
Senate Revision Amendment
In text, "representatives of the Comptroller General" substituted for "his representatives" by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18682 (2010).
§2308. Modular contracting for information technology
(a)
(b)
(c)
(1) under the modular contracting process, an acquisition of a major system of information technology may be divided into several smaller acquisition increments that—
(A) are easier to manage individually than would be one comprehensive acquisition;
(B) address complex information technology objectives incrementally in order to enhance the likelihood of achieving workable solutions for attaining those objectives;
(C) provide for delivery, implementation, and testing of workable systems or solutions in discrete increments, each of which comprises a system or solution that is not dependent on a subsequent increment in order to perform its principal functions; and
(D) provide an opportunity for subsequent increments of the acquisition to take advantage of any evolution in technology or needs that occurs during conduct of the earlier increments;
(2) to the maximum extent practicable, a contract for an increment of an information technology acquisition should be awarded within 180 days after the solicitation is issued and, if the contract for that increment cannot be awarded within that period, the increment should be considered for cancellation; and
(3) the information technology provided for in a contract for acquisition of information technology should be delivered within 18 months after the solicitation resulting in award of the contract was issued.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2308 | 41:434. |
§2309. Protection of constitutional rights of contractors
(a)
(b)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2309 | 41:436. |
In subsection (a), the reference is to the Chemical Weapons Convention Implementation Act of 1998 rather than the Chemical Weapons Convention Implementation Act of 1997 to correct an error in the source provision.
Editorial Notes
References in Text
The Chemical Weapons Convention Implementation Act of 1998, referred to in subsec. (a), is
§2310. Performance-based contracts or task orders for services to be treated as contracts for the procurement of commercial items
(a)
(1) the value of the contract or task order is estimated not to exceed $25,000,000;
(2) the contract or task order sets forth specifically each task to be performed and, for each task—
(A) defines the task in measurable, mission-related terms;
(B) identifies the specific end products or output to be achieved; and
(C) contains firm, fixed prices for specific tasks to be performed or outcomes to be achieved; and
(3) the source of the services provides similar services to the general public under terms and conditions similar to those offered to the Federal Government.
(b)
(c)
(d)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2310 | 41:437. |
In subsection (c), the words "Committees on Homeland Security and Governmental Affairs" are substituted for "Committees on Governmental Affairs" on authority of Senate Resolution No. 445 (108th Congress, October 9, 2004). The words "Committees on Oversight and Government Reform" are substituted for "Committees on Government Reform" on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§2311. Enhanced transparency on interagency contracting and other transactions
The Director of the Office of Management and Budget shall direct appropriate revisions to the Federal Procurement Data System or any successor system to facilitate the collection of complete, timely, and reliable data on interagency contracting actions and on transactions other than contracts, grants, and cooperative agreements issued pursuant to
(1) interagency contracting actions, including data at the task or delivery-order level; and
(2) other transactions, including the initial award and any subsequent modifications awarded or orders issued (other than transactions that are reported through the Federal Assistance Awards Data System).
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2311 | 41:405 note. |
In the first sentence, the words "Not later than one year after the date of enactment of this Act" are omitted because of section 6(f) of the bill.
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Deadline for Revisions in Federal Procurement Data System or Successor System
§2312. Contingency Contracting Corps
(a)
(b)
(c)
(d)
(1) in support of a contingency operation as defined in
(2) to respond to an emergency or major disaster as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(e)
(f)
(g)
(1) in the case of a member of the Armed Forces, out of funds available to the Armed Force concerned; and
(2) in the case of a Federal employee, out of funds available to the employing agency.
(h)
(1)
(2)
(i)
(1)
(2)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2312 (except subsection (a)) | 41:440. | |
2312(a) | no source. |
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§2313. Database for Federal agency contract and grant officers and suspension and debarment officials
(a)
(b)
(1) Any person awarded a Federal agency contract or grant in excess of $500,000, if any information described in subsection (c) exists with respect to the person.
(2) Any person awarded such other category or categories of Federal agency contract as the Federal Acquisition Regulation may provide, if any information described in subsection (c) exists with respect to the person.
(c)
(1) Each civil or criminal proceeding, or any administrative proceeding, in connection with the award or performance of a contract or grant with the Federal Government with respect to the person during the period to the extent that the proceeding results in the following dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(C) In an administrative proceeding, a finding of fault and liability that results in—
(i) the payment of a monetary fine or penalty of $5,000 or more; or
(ii) the payment of a reimbursement, restitution, or damages in excess of $100,000.
(D) To the maximum extent practicable and consistent with applicable laws and regulations, in a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the person if the proceeding could have led to any of the outcomes specified in subparagraph (A), (B), or (C).
(E) In an administrative proceeding—
(i) a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (
(ii) a substantiated allegation, pursuant to section 1704(b) of the National Defense Authorization Act for Fiscal Year 2013, that the contractor, a subcontractor, or an agent of the contractor or subcontractor engaged in any of the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (
(2) Each Federal contract and grant awarded to the person that was terminated in the period due to default.
(3) Each Federal suspension and debarment of the person.
(4) Each Federal administrative agreement entered into by the person and the Federal Government in the period to resolve a suspension or debarment proceeding.
(5) Each final finding by a Federal official in the period that the person has been determined not to be a responsible source under paragraph (3) or (4) of
(6) Other information that shall be provided for purposes of this section in the Federal Acquisition Regulation.
(7) To the maximum extent practicable, information similar to the information covered by paragraphs (1) to (4) in connection with the award or performance of a contract or grant with a State government.
(8) Whether the person is included on any of the following lists maintained by the Office of Foreign Assets Control of the Department of the Treasury:
(A) The specially designated nationals and blocked persons list (commonly known as the "SDN list").
(B) The sectoral sanctions identification list.
(C) The foreign sanctions evaders list.
(D) The list of persons sanctioned under the Iran Sanctions Act of 1996 (
(E) The list of foreign financial institutions subject to part 561 of title 31, Code of Federal Regulations.
(d)
(1)
(2)
(A) the timely and accurate input of information into the database;
(B) the timely notification of any covered person when information relevant to the person is entered into the database; and
(C) opportunities for any covered person to submit comments pertaining to information about the person for inclusion in the database.
(3)
(4)
(A)
(B)
(e)
(1)
(2)
(A)
(B)
(f)
(1) submit to the Administrator of General Services, in a manner determined appropriate by the Administrator of General Services, the information subject to inclusion in the database as listed in subsection (c) current as of the date of submittal of the information under this subsection; and
(2) update the information submitted under paragraph (1) on a semiannual basis.
(g)
(
Amendments Not Shown in Text
This section was derived from section 417b of former Title 41, Public Contracts, which was amended by
"(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2313 | 41:417b. |
In subsection (a), the words "not later than one year after the date of the enactment of this Act" are omitted because of section 6(f) of the bill.
In subsection (c)(7), the word "practicable" is substituted for "practical" to correct an error in the law.
In subsection (f), the words "Not later than one year after the date of the enactment of this Act" are omitted because of section 6(f) of the bill. The words "shall require" are substituted for "shall be amended to require" to reflect the permanence of the provision.
In subsection (f)(2), the words "the information submitted under paragraph (1)" are substituted for "such information" for clarity.
Editorial Notes
References in Text
Section 1704(b) of the National Defense Authorization Act for Fiscal Year 2013, referred to in subsec. (c)(1)(E)(ii), is section 1704(b) of
Amendments
2021—Subsec. (d)(3).
Subsec. (d)(4).
2014—Subsec. (c)(8).
2013—Subsec. (c)(1)(E).
Subsec. (d)(3).