US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3707

Interest and penalties for certain overpayments

(a)

In General .—

If the United States makes an overpayment to a contractor under a contract subject to this chapter and the overpayment was due to the submission by the contractor of defective cost or pricing data, the contractor shall be liable to the United States—
(1)
for interest on the amount of such overpayment, to be computed—
(A)
for the period beginning on the date the overpayment was made to the contractor and ending on the date the contractor repays the amount of such overpayment to the United States; and
(B)
at the current rate prescribed by the Secretary of the Treasury under section 6621 of the Internal Revenue Code of 1986; and
(2)
if the submission of such defective data was a knowing submission, for an additional amount equal to the amount of the overpayment.
(b)

Liability Not Affected by Refusal to Submit Certification .—

section 3702(b) of this titleAny liability under this section of a contractor that submits cost or pricing data but refuses to submit the certification required by with respect to the cost or pricing data shall not be affected by the refusal to submit such certification.

Pub. L. 116–283, div. A, title XVIII, § 1831(a)134 Stat. 4209Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(H)135 Stat. 2134(Added and amended , (h), , , 4216; , , .)

Editorial Notes

References in Text

section 6621 of Title 26Section 6621 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(B), is classified to , Internal Revenue Code.

Codification

section 2306a of this titlePub. L. 116–283, § 1831(h)Pub. L. 99–500, § 101(c) [title X, § 952(a)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 952(a)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3945Pub. L. 100–26, § 3(5)101 Stat. 273Pub. L. 100–180, div. A, title VIII, § 804(b)(2)101 Stat. 1125Pub. L. 102–190, div. A, title X, § 1061(a)(9)105 Stat. 1472Pub. L. 103–355, title I108 Stat. 3275Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661Pub. L. 99–591Pub. L. 99–500The text of subsec. (f) of , which was transferred to this section and amended by , was based on , , , 1783–166, and , , , 3341–166; , formerly title IV, § 952(a), , , renumbered title IX, , , ; , , ; , , ; , §§ 1204(1), 1209, , , 3277. , , and added identical sections. is a corrected version of .

Amendments

Pub. L. 116–283, § 1832(h)(1)section 2306a of this title2021—, transferred subsec. (f) of to this section, redesignated it as subsec. (a), and redesignated par. (2) as subsec. (b).

Pub. L. 116–283, § 1831(h)(2)Pub. L. 117–81, § 1701(b)(10)(H)section 2306a(f) of this titleSubsec. (a). , as amended by , after redesignation of as subsec. (a) of this section, in heading, substituted “In General” for “Interest and Penalties for Certain Overpayments”, in introductory provisions, struck out par. (1) designation at beginning and substituted “this chapter” for “this section”, and redesignated subpar. (A), its cls. (i) and (ii), and subpar. (B) as par. (1), subpars. (A) and (B), and par. (2), respectively.

Pub. L. 116–283, § 1831(h)(3)Pub. L. 117–81, § 1701(b)(10)(H)section 2306a(f)(2) of this titlesection 3702(b) of this titleSubsec. (b). , as amended by , after redesignation of as subsec. (b) of this section, inserted heading and substituted “this section” for “this subsection” and “” for “subsection (a)(2)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .