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10 U.S.C. § 3904 — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 2584
TITLE 10—ARMED FORCES
[§ 3904
XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242; Pub.
L. 117–81, div. A, title XVII, § 1701(v)(2)(A), Dec.
27, 2021, 135 Stat. 2154.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 1838(b), as amended by Pub. L.
117–81, § 1701(v)(2)(A), renumbered section 2410d of this
title as this section.
2011—Subsec. (b)(2)(A). Pub. L. 111–350, § 5(b)(29)(A),
substituted ‘‘section 8501(7) of title 41’’ for ‘‘section 5(3)
of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))’’.
Subsec. (b)(2)(B). Pub. L. 111–350, § 5(b)(29)(B), sub-
stituted ‘‘disabled, as defined in section 8501(6) of title
41’’ for ‘‘handicapped, as defined in section 5(4) of such
Act (41 U.S.C. 48b(4))’’.
Subsec. (b)(2)(C). Pub. L. 111–350, § 5(b)(29)(C), sub-
stituted ‘‘section 8503(c) of title 41’’ for ‘‘section 2(c) of
such Act (41 U.S.C. 47(c))’’.
1999—Subsec. (c). Pub. L. 106–65 struck out heading
and text of subsec. (c). Text read as follows: ‘‘Sub-
section (a) shall cease to be effective at the end of Sep-
tember 30, 1999.’’
1997—Subsec. (c). Pub. L. 105–85 substituted ‘‘Sep-
tember 30, 1999’’ for ‘‘September 30, 1997’’.
1996—Subsec. (b)(3). Pub. L. 104–106 struck out par. (3)
which read as follows: ‘‘The term ‘Javits-Wagner-O’Day
Act’ means the Act entitled ‘An Act to create a Com-
mittee on Purchases of Blind-made Products, and for
other purposes’, approved June 25, 1938 (41 U.S.C.
46–48c), commonly referred to as the Wagner-O’Day
Act, that was revised and reenacted in the Act of June
23, 1971 (85 Stat. 77), commonly referred to as the Jav-
its-Wagner-O’Day Act.’’
1994—Subsec. (b)(2)(C). Pub. L. 103–337, § 804(1)(A),
added subpar. (C).
Subsec. (b)(3), (4). Pub. L. 103–337, § 804(1)(B), (C), re-
designated par. (4) as (3) and struck out former
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Page 2584
TITLE 10—ARMED FORCES
[§ 3904
XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242; Pub.
L. 117–81, div. A, title XVII, § 1701(v)(2)(A), Dec.
27, 2021, 135 Stat. 2154.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 1838(b), as amended by Pub. L.
117–81, § 1701(v)(2)(A), renumbered section 2410d of this
title as this section.
2011—Subsec. (b)(2)(A). Pub. L. 111–350, § 5(b)(29)(A),
substituted ‘‘section 8501(7) of title 41’’ for ‘‘section 5(3)
of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))’’.
Subsec. (b)(2)(B). Pub. L. 111–350, § 5(b)(29)(B), sub-
stituted ‘‘disabled, as defined in section 8501(6) of title
41’’ for ‘‘handicapped, as defined in section 5(4) of such
Act (41 U.S.C. 48b(4))’’.
Subsec. (b)(2)(C). Pub. L. 111–350, § 5(b)(29)(C), sub-
stituted ‘‘section 8503(c) of title 41’’ for ‘‘section 2(c) of
such Act (41 U.S.C. 47(c))’’.
1999—Subsec. (c). Pub. L. 106–65 struck out heading
and text of subsec. (c). Text read as follows: ‘‘Sub-
section (a) shall cease to be effective at the end of Sep-
tember 30, 1999.’’
1997—Subsec. (c). Pub. L. 105–85 substituted ‘‘Sep-
tember 30, 1999’’ for ‘‘September 30, 1997’’.
1996—Subsec. (b)(3). Pub. L. 104–106 struck out par. (3)
which read as follows: ‘‘The term ‘Javits-Wagner-O’Day
Act’ means the Act entitled ‘An Act to create a Com-
mittee on Purchases of Blind-made Products, and for
other purposes’, approved June 25, 1938 (41 U.S.C.
46–48c), commonly referred to as the Wagner-O’Day
Act, that was revised and reenacted in the Act of June
23, 1971 (85 Stat. 77), commonly referred to as the Jav-
its-Wagner-O’Day Act.’’
1994—Subsec. (b)(2)(C). Pub. L. 103–337, § 804(1)(A),
added subpar. (C).
Subsec. (b)(3), (4). Pub. L. 103–337, § 804(1)(B), (C), re-
designated par. (4) as (3) and struck out former par. (3)
which read as follows: ‘‘The terms ‘approved com-
modity’ and ‘approved service’ mean a commodity and
a service, respectively, that has been determined by the
Committee for Purchase from the Blind and Other Se-
verely Handicapped under section 2 of such Act (41
U.S.C. 47) to be suitable for procurement by the Federal
Government.’’
Subsec. (c). Pub. L. 103–337, § 804(2), substituted ‘‘Sep-
tember 30, 1997’’ for ‘‘September 30, 1994’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and
note below.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicability of existing law, see section 1801(d) of
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–85, div. A, title VIII, § 835, Nov. 18, 1997, 111
Stat. 1843, provided that the amendment made by that
section is effective as of Sept. 30, 1997.
EFFECTIVE DATE OF 1996 AMENDMENT
For effective date and applicability of amendment by
Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set
out as a note under section 2220 of this title.
EFFECTIVE DATE
Pub. L. 102–484, div. A, title VIII, § 808(c), Oct. 23, 1992,
106 Stat. 2450, provided that: ‘‘Sections 2301(d) [re-
pealed] and 2410d [now 10 U.S.C. 3903] of title 10, United
States Code (as added by subsections (a) and (b), respec-
tively), shall take effect on October 1, 1993.’’
CONTRACT PARTICIPATION BY AGENCIES FOR THE BLIND
OR OTHER SEVERELY HANDICAPPED
Pub. L. 108–87, title VIII, § 8025, Sept. 30, 2003, 117 Stat.
1077, as amended by Pub. L. 113–291, div. A, title X,
§ 1071(b)(6), Dec. 19, 2014, 128 Stat. 3507, provided that:
‘‘(a) Of the funds for the procurement of supplies or
services appropriated by this Act [see Tables for classi-
fication] and hereafter, qualified nonprofit agencies for
the blind or other severely handicapped shall be af-
forded the maximum practicable opportunity to par-
ticipate as subcontractors and suppliers in the perform-
ance of contracts let by the Department of Defense.
‘‘(b) During the current fiscal year and hereafter, a
business concern which has negotiated with a military
service or defense agency a subcontracting plan for the
participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d))
shall be given credit toward meeting that subcon-
tracting goal for any purchases made from qualified
nonprofit agencies for the blind or other severely
handicapped.
‘‘(c) For the purpose of this section, the phrase ‘quali-
fied nonprofit agency for the blind or other severely
handicapped’ means a nonprofit agency for the blind or
other severely handicapped that has been approved by
the Committee for the Purchase from the Blind and
Other Severely Handicapped under chapter 85 of title
41, United States Code.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 107–248, title VIII, § 8025, Oct. 23, 2002, 116 Stat.
1542.
Pub. L. 107–117, div. A, title VIII, § 8028, Jan. 10, 2002,
115 Stat. 2253.
Pub. L. 106–259, title VIII, § 8028, Aug. 9, 2000, 114 Stat.
680.
Pub. L. 106–79, title VIII, § 8030, Oct. 25, 1999, 113 Stat.
1237.
Pub. L. 105–262, title VIII, § 8030, Oct. 17, 1998, 112 Stat.
2303.
Pub. L. 105–56, title VIII, § 8031, Oct. 8, 1997, 111 Stat.
1226.
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII,
§ 8033], Sept. 30, 1996, 110 Stat. 3009–71, 3009–95.
Pub. L. 104–61, title VIII, § 8042, Dec. 1, 1995, 109 Stat.
660.
Pub. L. 103–335, title VIII, § 8048, Sept. 30, 1994, 108
Stat. 2628.
Pub. L. 103–139, title VIII, § 8055, Nov. 11, 1993, 107
Stat. 1452.
Pub. L. 102–396, title IX, § 9077, Oct. 6, 1992, 106 Stat.
1918.
Pub. L. 102–172, title VIII, § 8082, Nov. 26, 1991, 105
Stat. 1190.
Pub. L. 101–511, title VIII, § 8117, Nov. 5, 1990, 104 Stat.
1905.
[§ 3904. Omitted]
Editorial Notes
CODIFICATION
Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1,
2021, 134 Stat. 4242, initially transferred section 2362 of
this title to this section, to become effective Jan. 1,
2022. Subsequently, Pub. L. 117–81, div. A, title XVII,
§ 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 2154, amended sec-
tion 1838(b) of Pub. L. 116–283, effective as if included
therein, by striking out the directive to make the
transfer, thereby omitting this section before it took
effect. Another amendment by Pub. L. 117–81 resulted
in the transfer of section 2362 to section 4144 of this
title.
§ 3905. Products of Federal Prison Industries:
procedural requirements
(a) PRODUCTS FOR WHICH FEDERAL PRISON IN-
DUSTRIES DOES NOT HAVE SIGNIFICANT MARKET
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purchases Benefiting Severely Handicapped Persons.—** In the case of a business concern that has negotiated a small business subcontracting plan with a military department or a Defense Agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan.
**(b) Definitions.—** In this section:
(1) The term “small business subcontracting plan” means a plan negotiated pursuant to section 8(d) of the Small Business Act ([15 U.S.C. 637(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/d&num=0&edition=prelim)) that establishes a goal for the participation of small business concerns as subcontractors under a contract.
(2) The term “qualified nonprofit agency for the blind or other severely handicapped” means—
(A) a qualified nonprofit agency for the blind, as defined in [section 8501(7) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8501/7&num=0&edition=prelim);
(B) a qualified nonprofit agency for other severely disabled, as defined in [section 8501(6) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8501/6&num=0&edition=prelim); and
(C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled under [section 8503(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8503/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
Page 2583
TITLE 10—ARMED FORCES
§ 3903
ment opportunities for Indians either directly
or through the purchase of products or serv-
ices for the performance of such contract or
subcontract; and
(C) the Indian tribe or tribally owned cor-
poration manages the performance of such
contract or subcontract.
(c) EXTENT
OF CREDIT.—The amount of the
credit given toward the attainment of any sub-
contracting goal under subsection (a) shall be—
(1) in the case of work performed as de-
scribed in subsection (a)(1), the value of the
work performed; and
(2) in the case of a contract or subcontract
undertaken to be performed by a joint venture
as described in subsection (a)(2), an amount
equal to the amount of the contract or sub-
contract multiplied by the percentage of the
tribe’s or tribally owned corporation’s owner-
ship interest in the joint venture.
(d) REGULATIONS.—The Secretary of Defense
shall prescribe regulations for the implementa-
tion of this section.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Indian lands’’ has the meaning
given that term by section 4(4) of the Indian
Gaming Regulatory Act (25 U.S.C. 2703(4)).
(2) The term ‘‘Indian’’ has the meaning given
that term by section 4(d) of the Indian Self-
Determination and Education Assistance Act
(25 U.S.C. 5304(d)).
(3) The term ‘‘Indian tribe’’ has the meaning
given that term by section 4(e) of the Indian
Self-Determination and Education Assistance
Act (25 U.S.C. 5304(e)).
(4) The term ‘‘tribally owned corporation’’
means a corporation owned entirely by an In-
dian tribe.
(Added Pub. L. 102–484, div. A, title VIII,
§ 801(g)(1), Oct. 23, 1992, 106 Stat. 2445, § 2323a;
amended Pub. L. 104–201, div. A, title X,
§ 1074(a)(13), Sept. 23, 1996, 110 Stat. 2659; Pub. L.
115–232, div. A, title
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242, initially transferred [section 2362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2362&num=0&edition=prelim) to this section, to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 2154, amended section 1838(b) of Pub. L. 116–283, effective as if included therein, by striking out the directive to make the transfer, thereby omitting this section before it took effect. Another amendment by Pub. L. 117–81 resulted in the transfer of section 2362 to [section 4144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4144&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes**
(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate—
(A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap
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Federal law — U.S. Code and appendices · legal_authorities
Page 890
TITLE 15—COMMERCE AND TRADE
§ 637
mortgage obligations, payments on covered lease ob-
ligations, or covered utility payments, as the case
may be.’’
Subsec. (i). Pub. L. 116–260, div. N, § 276(a)(1), amended
subsec. (i) generally. Prior to amendment, text read as
follows: ‘‘For purposes of title 26, any amount which
(but for this subsection) would be includible in gross in-
come of the eligible recipient by reason of forgiveness
described in subsection (b) shall be excluded from gross
income.’’
Subsec. (l). Pub. L. 116–260, div. N, § 307(a)(3), added
subsec. (l).
Pub. L. 116–260, div. N, § 306(1), struck out subsec. (l).
Text read as follows: ‘‘An eligible recipient that re-
ceived a covered loan before June 5, 2020, may elect for
the covered period applicable to such covered loan to
end on the date that is 8 weeks after the date of the
origination of such covered loan.’’
Pub. L. 116–142, § 3(b)(3), added subsec. (l).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–2 applicable only with re-
spect to applications for forgiveness of covered loans
made under pars. (36) or (37) of section 636(a) of this
title received on or after Mar. 11, 2021, see section
5001(c)(3) of Pub. L. 117–2, set out as a note under sec-
tion 636 of this title.
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–260, div. N, title II, § 276(a)(2), Dec. 27, 2020,
134 Stat. 1979, provided that: ‘‘The amendment made by
this subsection [amending this section] shall apply to
taxable years ending after the date of the enactment of
the CARES Act [Mar. 27, 2020].’’
Amendment by section 304(b)(1)(A), (B), (2) of div. N
of Pub. L. 116–260 effective as if included in Pub. L.
116–136 and applicable to any loan made pursuant to
secti
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 637
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