§ 36B. Refundable credit for coverage under a qualified health plan

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(a)In general In the case of an applicable taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the premium assistance credit amount of the taxpayer for the taxable year.

(b)Premium assistance credit amount For purposes of this section—

(1)In general The term “premium assistance credit amount” means, with respect to any taxable year, the sum of the premium assistance amounts determined under paragraph

(2)with respect to all coverage months of the taxpayer occurring during the taxable year.

(2)Premium assistance amount The premium assistance amount determined under this subsection with respect to any coverage month is the amount equal to the lesser of—

(A)the monthly premiums for such month for 1 or more qualified health plans offered in the individual market within a State which cover the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section 152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311 1 of the Patient Protection and Affordable Care Act, or

(B)the excess (if any) of—

(i)the adjusted monthly premium for such month for the applicable second lowest cost silver plan with respect to the taxpayer, over

(ii)an amount equal to 1/12 of the product of the applicable percentage and the taxpayer’s household income for the taxable year.

(3)Other terms and rules relating to premium assistance amounts For purposes of paragraph (2)—

(A)Applicable percentage

(i)In general Except as provided in clause (ii), the applicable percentage for any taxable year shall be the percentage such that the applicable percentage for any taxpayer whose household income is within an income tier specified in the following table shall increase, on a sliding scale in a linear manner, from the initial premium percentage to the final premium percentage specified in such table for such income tier: In the case of household income (expressed as a percent of poverty line) within the following income tier:The initial premium percentage is—The final premium percentage is— Up to 133%2.0%2.0% 133% up to 150%3.0%4.0% 150% up to 200%4.0%6.3% 200% up to 250%6.3%8.05% 250% up to 300%8.05%9.5% 300% up to 400%9.5%9.5%.

(ii)Indexing

(I)In general Subject to subclause (II), in the case of taxable years beginning in any calendar year after 2014, the initial and final applicable percentages under clause

(i)(as in effect for the preceding calendar year after application of this clause) shall be adjusted to reflect the excess of the rate of premium growth for the preceding calendar year over the rate of income growth for the preceding calendar year.

(II)Additional adjustment Except as provided in subclause (III), in the case of any calendar year after 2018, the percentages described in subclause

(I)shall, in addition to the adjustment under subclause (I), be adjusted to reflect the excess (if any) of the rate of premium growth estimated under subclause

(I)for the preceding calendar year over the rate of growth in the consumer price index for the preceding calendar year.

(III)Failsafe Subclause

(II)shall apply for any calendar year only if the aggregate amount of premium tax credits under this section and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act for the preceding calendar year exceeds an amount equal to 0.504 percent of the gross domestic product for the preceding calendar year.

(iii)Temporary percentages for 2021 through 2025 In the case of a taxable year beginning after December 31, 2020, and before January 1, 2026—

(I)clause

(ii)shall not apply for purposes of adjusting premium percentages under this subparagraph, and

(II)the following table shall be applied in lieu of the table contained in clause (i): In the case of household income (expressed as a percent of poverty line) within the following income tier:The initial premium percentage is—The final premium percentage is— Up to 150.0 percent0.00.0 150.0 percent up to 200.0 percent0.02.0 200.0 percent up to 250.0 percent2.04.0 250.0 percent up to 300.0 percent4.06.0 300.0 percent up to 400.0 percent6.08.5 400.0 percent and higher8.58.5

(B)Applicable second lowest cost silver plan The applicable second lowest cost silver plan with respect to any applicable taxpayer is the second lowest cost silver plan of the individual market in the rating area in which the taxpayer resides which—

(i)is offered through the same Exchange through which the qualified health plans taken into account under paragraph (2)(A) were offered, and

(ii)provides—

(I)self-only coverage in the case of an applicable taxpayer—

(aa)whose tax for the taxable year is determined under section 1(c) 2 (relating to unmarried individuals other than surviving spouses and heads of households) and who is not allowed a deduction under section 151 for the taxable year with respect to a dependent, or

(bb)who is not described in item

(aa)but who purchases only self-only coverage, and

(II)family coverage in the case of any other applicable taxpayer.

If a taxpayer files a joint return and no credit is allowed under this section with respect to 1 of the spouses by reason of subsection (e), the taxpayer shall be treated as described in clause (ii)(I) unless a deduction is allowed under section 151 for the taxable year with respect to a dependent other than either spouse and subsection

(e)does not apply to the dependent.

(C)Adjusted monthly premium The adjusted monthly premium for an applicable second lowest cost silver plan is the monthly premium which would have been charged (for the rating area with respect to which the premiums under paragraph (2)(A) were determined) for the plan if each individual covered under a qualified health plan taken into account under paragraph (2)(A) were covered by such silver plan and the premium was adjusted only for the age of each such individual in the manner allowed under section 2701 of the Public Health Service Act. In the case of a State participating in the wellness discount demonstration project under section 2705(d) of the Public Health Service Act, the adjusted monthly premium shall be determined without regard to any premium discount or rebate under such project.

(D)Additional benefits If—

(i)a qualified health plan under section 1302(b)(5) of the Patient Protection and Affordable Care Act offers benefits in addition to the essential health benefits required to be provided by the plan, or

(ii)a State requires a qualified health plan under section 1311(d)(3)(B) of such Act to cover benefits in addition to the essential health benefits required to be provided by the plan,

the portion of the premium for the plan properly allocable (under rules prescribed by the Secretary of Health and Human Services) to such additional benefits shall not be taken into account in determining either the monthly premium or the adjusted monthly premium under paragraph (2).

(E)Special rule for pediatric dental coverage For purposes of determining the amount of any monthly premium, if an individual enrolls in both a qualified health plan and a plan described in section 1311(d)(2)(B)(ii)(I) 2 of the Patient Protection and Affordable Care Act for any plan year, the portion of the premium for the plan described in such section that (under regulations prescribed by the Secretary) is properly allocable to pediatric dental benefits which are included in the essential health benefits required to be provided by a qualified health plan under section 1302(b)(1)(J) of such Act shall be treated as a premium payable for a qualified health plan.

(c)Definition and rules relating to applicable taxpayers, coverage months, and qualified health plan For purposes of this section—

(1)Applicable taxpayer

(A)In general The term “applicable taxpayer” means, with respect to any taxable year, a taxpayer whose household income for the taxable year equals or exceeds 100 percent but does not exceed 400 percent of an amount equal to the poverty line for a family of the size involved.

[(B) Repealed. Pub. L. 119–21, § 71302(a), July 4, 2025, 139 Stat. 322]

(C)Married couples must file joint return If the taxpayer is married (within the meaning of section 7703) at the close of the taxable year, the taxpayer shall be treated as an applicable taxpayer only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.

(D)Denial of credit to dependents No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins.

(E)Temporary rule for 2021 through 2025 In the case of a taxable year beginning after December 31, 2020, and before January 1, 2026, subparagraph

(A)shall be applied without regard to “but does not exceed 400 percent”.

(2)Coverage month For purposes of this subsection—

(A)In general The term “coverage month” means, with respect to an applicable taxpayer, any month if—

(i)as of the first day of such month the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer is covered by a qualified health plan described in subsection (b)(2)(A) that was enrolled in through an Exchange established by the State under section 1311 of the Patient Protection and Affordable Care Act, and

(ii)the premium for coverage under such plan for such month is paid by the taxpayer (or through advance payment of the credit under subsection

(a)under section 1412 of the Patient Protection and Affordable Care Act).

(B)Exception for minimum essential coverage

(i)In general The term “coverage month” shall not include any month with respect to an individual if for such month the individual is eligible for minimum essential coverage other than eligibility for coverage described in section 5000A(f)(1)(C) (relating to coverage in the individual market).

(ii)Minimum essential coverage The term “minimum essential coverage” has the meaning given such term by section 5000A(f).

(C)Special rule for employer-sponsored minimum essential coverage For purposes of subparagraph (B)—

(i)Coverage must be affordable Except as provided in clause (iii), an employee shall not be treated as eligible for minimum essential coverage if such coverage—

(I)consists of an eligible employer-sponsored plan (as defined in section 5000A(f)(2)), and

(II)the employee’s required contribution (within the meaning of section 5000A(e)(1)(B)) with respect to the plan exceeds 9.5 percent of the applicable taxpayer’s household income.

This clause shall also apply to an individual who is eligible to enroll in the plan by reason of a relationship the individual bears to the employee.

(ii)Coverage must provide minimum value Except as provided in clause (iii), an employee shall not be treated as eligible for minimum essential coverage if such coverage consists of an eligible employer-sponsored plan (as defined in section 5000A(f)(2)) and the plan’s share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs.

(iii)Employee or family must not be covered under employer plan Clauses

(i)and

(ii)shall not apply if the employee (or any individual described in the last sentence of clause (i)) is covered under the eligible employer-sponsored plan or the grandfathered health plan.

(iv)Indexing In the case of plan years beginning in any calendar year after 2014, the Secretary shall adjust the 9.5 percent under clause (i)(II) in the same manner as the percentages are adjusted under subsection (b)(3)(A)(ii).

(3)Definitions and other rules

(A)Qualified health plan

(i)33 See Amendment of Subsection (c)(3)(A) note below. In general The term “qualified health plan” has the meaning given such term by section 1301(a) of the Patient Protection and Affordable Care Act, except that such term shall not include a qualified health plan which is a catastrophic plan described in section 1302(e) of such Act.

(ii)3 Pre-enrollment verification process required Such term shall not include any plan enrolled in through an Exchange, unless such Exchange provides a process for pre-enrollment verification through which any applicant may, beginning not later than August 1, verify with the Exchange the applicant’s household income and eligibility for enrollment in such plan for plan years beginning in the subsequent year.

(iii)Exception in case of certain special enrollment periods Such term shall not include any plan enrolled in during a special enrollment period provided for by an Exchange—

(I)on the basis of the relationship of the individual’s expected household income to such a percentage of the poverty line (or such other amount) as is prescribed by the Secretary of Health and Human Services for purposes of such period, and

(II)not in connection with the occurrence of an event or change in circumstances specified by the Secretary of Health and Human Services for such purposes.

(B)Grandfathered health plan The term “grandfathered health plan” has the meaning given such term by section 1251 of the Patient Protection and Affordable Care Act.

(4)Special rules for qualified small employer health reimbursement arrangements

(A)In general The term “coverage month” shall not include any month with respect to an employee (or any spouse or dependent of such employee) if for such month the employee is provided a qualified small employer health reimbursement arrangement which constitutes affordable coverage.

(B)Denial of double benefit In the case of any employee who is provided a qualified small employer health reimbursement arrangement for any coverage month (determined without regard to subparagraph (A)), the credit otherwise allowable under subsection

(a)to the taxpayer for such month shall be reduced (but not below zero) by the amount described in subparagraph (C)(i)(II) for such month.

(C)Affordable coverage For purposes of subparagraph (A), a qualified small employer health reimbursement arrangement shall be treated as constituting affordable coverage for a month if—

(i)the excess of—

(I)the amount that would be paid by the employee as the premium for such month for self-only coverage under the second lowest cost silver plan offered in the relevant individual health insurance market, over

(II)1⁄12 of the employee’s permitted benefit (as defined in section 9831(d)(3)(C)) under such arrangement, does not exceed—

(ii)1⁄12 of 9.5 percent of the employee’s household income.

(D)Qualified small employer health reimbursement arrangement For purposes of this paragraph, the term “qualified small employer health reimbursement arrangement” has the meaning given such term by section 9831(d)(2).

(E)Coverage for less than entire year In the case of an employee who is provided a qualified small employer health reimbursement arrangement for less than an entire year, subparagraph (C)(i)(II) shall be applied by substituting “the number of months during the year for which such arrangement was provided” for “12”.

(F)Indexing In the case of plan years beginning in any calendar year after 2014, the Secretary shall adjust the 9.5 percent amount under subparagraph (C)(ii) in the same manner as the percentages are adjusted under subsection (b)(3)(A)(ii).

(d)Terms relating to income and families For purposes of this section—

(1)Family size The family size involved with respect to any taxpayer shall be equal to the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year.

(2)Household income

(A)Household income The term “household income” means, with respect to any taxpayer, an amount equal to the sum of—

(i)the modified adjusted gross income of the taxpayer, plus

(ii)the aggregate modified adjusted gross incomes of all other individuals who—

(I)were taken into account in determining the taxpayer’s family size under paragraph (1), and

(II)were required to file a return of tax imposed by section 1 for the taxable year.

(B)Modified adjusted gross income The term “modified adjusted gross income” means adjusted gross income increased by—

(i)any amount excluded from gross income under section 911,

(ii)any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and

(iii)an amount equal to the portion of the taxpayer’s social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year.

(3)Poverty line

(A)In general The term “poverty line” has the meaning given that term in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)).

(B)Poverty line used In the case of any qualified health plan offered through an Exchange for coverage during a taxable year beginning in a calendar year, the poverty line used shall be the most recently published poverty line as of the 1st day of the regular enrollment period for coverage during such calendar year.

(e)Rules for individuals not lawfully present

(1)In general If 1 or more individuals for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse) are individuals who are not lawfully present—

(A)the aggregate amount of premiums otherwise taken into account under clauses

(i)and

(ii)of subsection (b)(2)(A) shall be reduced by the portion (if any) of such premiums which is attributable to such individuals, and

(B)for purposes of applying this section, the determination as to what percentage a taxpayer’s household income bears to the poverty level for a family of the size involved shall be made under one of the following methods:

(i)A method under which—

(I)the taxpayer’s family size is determined by not taking such individuals into account, and

(II)the taxpayer’s household income is equal to the product of the taxpayer’s household income (determined without regard to this subsection) and a fraction—

(aa)the numerator of which is the poverty line for the taxpayer’s family size determined after application of subclause (I), and

(bb)the denominator of which is the poverty line for the taxpayer’s family size determined without regard to subclause (I).

(ii)A comparable method reaching the same result as the method under clause (i).

(2)Lawfully present For purposes of this section, an individual shall be treated as lawfully present only if the individual is, and is reasonably expected to be for the entire period of enrollment for which the credit under this section is being claimed, a citizen or national of the United States or an alien lawfully present in the United States.

(3)Secretarial authority The Secretary of Health and Human Services, in consultation with the Secretary, shall prescribe rules setting forth the methods by which calculations of family size and household income are made for purposes of this subsection. Such rules shall be designed to ensure that the least burden is placed on individuals enrolling in qualified health plans through an Exchange and taxpayers eligible for the credit allowable under this section.

(f)Reconciliation of credit and advance credit

(1)In general The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the amount of any advance payment of such credit under section 1412 of the Patient Protection and Affordable Care Act.

(2)Excess advance payments If the advance payments to a taxpayer under section 1412 of the Patient Protection and Affordable Care Act for a taxable year exceed the credit allowed by this section (determined without regard to paragraph (1)), the tax imposed by this chapter for the taxable year shall be increased by the amount of such excess.

(3)Information requirement Each Exchange (or any person carrying out 1 or more responsibilities of an Exchange under section 1311(f)(3) or 1321(c) of the Patient Protection and Affordable Care Act) shall provide the following information to the Secretary and to the taxpayer with respect to any health plan provided through the Exchange:

(A)The level of coverage described in section 1302(d) of the Patient Protection and Affordable Care Act and the period such coverage was in effect.

(B)The total premium for the coverage without regard to the credit under this section or cost-sharing reductions under section 1402 of such Act.

(C)The aggregate amount of any advance payment of such credit or reductions under section 1412 of such Act.

(D)The name, address, and TIN of the primary insured and the name and TIN of each other individual obtaining coverage under the policy.

(E)Any information provided to the Exchange, including any change of circumstances, necessary to determine eligibility for, and the amount of, such credit.

(F)Information necessary to determine whether a taxpayer has received excess advance payments.

(g)Special rule for individuals who receive unemployment compensation during 2021

(1)In general For purposes of this section, in the case of a taxpayer who has received, or has been approved to receive, unemployment compensation for any week beginning during 2021, for the taxable year in which such week begins—

(A)such taxpayer shall be treated as an applicable taxpayer, and

(B)there shall not be taken into account any household income of the taxpayer in excess of 133 percent of the poverty line for a family of the size involved.

(2)Unemployment compensation For purposes of this subsection, the term “unemployment compensation” has the meaning given such term in section 85(b).

(3)Evidence of unemployment compensation For purposes of this subsection, a taxpayer shall not be treated as having received (or been approved to receive) unemployment compensation for any week unless such taxpayer provides self-attestation of, and such documentation as the Secretary shall prescribe which demonstrates, such receipt or approval.

(4)Clarification of rules remaining applicable

(A)Joint return requirement Paragraph (1)(A) shall not affect the application of subsection (c)(1)(C).

(B)Household income and affordabillity 44 So in original. Probably should be “affordability”. Paragraph (1)(B) shall not apply to any determination of household income for purposes of paragraph (2)(C)(i)(II) or (4)(C)(ii) of subsection

(h)Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section, including regulations which provide for—

(1)the coordination of the credit allowed under this section with the program for advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act, and

(2)the application of subsection

(f)where the filing status of the taxpayer for a taxable year is different from such status used for determining the advance payment of the credit.

(Added and amended Pub. L. 111–148, title I, § 1401(a), title X, §§ 10105(a)–(c), 10108(h)(1), Mar. 23, 2010, 124 Stat. 213, 906, 914; Pub. L. 111–152, title I, §§ 1001(a), 1004(a)(1)(A), (2)(A), (c), Mar. 30, 2010, 124 Stat. 1030, 1034, 1035; Pub. L. 111–309, title II, § 208(a), (b), Dec. 15, 2010, 124 Stat. 3291, 3292; Pub. L. 112–9, § 4(a), Apr. 14, 2011, 125 Stat. 36; Pub. L. 112–10, div. B, title VIII, § 1858(b)(1), Apr. 15, 2011, 125 Stat. 168; Pub. L. 112–56, title IV, § 401(a), Nov. 21, 2011, 125 Stat. 734;

Pub. L. 114–255, div. C, title XVIII, § 18001(a)(3), Dec. 13, 2016, 130 Stat. 1341; Pub. L. 115–97, title I, § 11002(d)(1)(E), Dec. 22, 2017, 131 Stat. 2060; Pub. L. 117–2, title IX, §§ 9661(a), (b), 9662(a), 9663(a), Mar. 11, 2021, 135 Stat. 182, 183; Pub. L. 117–169, title I, § 12001(a), (b), Aug. 16, 2022, 136 Stat. 1905; Pub. L. 119–21, title VII, §§ 71301(a), (b), 71302(a), 71303(a), (b), 71304(a), 71305(a), (b)(1), July 4, 2025, 139 Stat. 321–325.)

Amendment of Subsection (c)(3)(A)

Pub. L. 119–21, title VII, § 71303(b), (c), July 4, 2025, 139 Stat. 324, provided that, applicable to taxable years beginning after Dec. 31, 2027, subsection (c)(3)(A) of this section is amended as follows:

(1)by striking “health plan.—The term” and inserting “health plan

“(i) In general

“The term”, and

(2)by adding at the end the following new clause:

“(ii) Pre-enrollment verification process required

“Such term shall not include any plan enrolled in through an Exchange, unless such Exchange provides a process for pre-enrollment verification through which any applicant may, beginning not later than August 1, verify with the Exchange the applicant’s household income and eligibility for enrollment in such plan for plan years beginning in the subsequent year.”

See 2025 Amendment notes below.

Amendment of Subsection (c)(5),

Pub. L. 119–21, title VII, § 71303(a), (c), July 4, 2025, 139 Stat. 323, 324, provided that, applicable to taxable years beginning after Dec. 31, 2027, subsection

(c)of this section is amended by adding at the end the following new paragraphs:

“(5) Exchange enrollment verification requirement

“(A) In general

“The term ‘coverage month’ shall not include, with respect to any individual covered by a qualified health plan enrolled in through an Exchange, any month beginning before the Exchange verifies, using applicable enrollment information that shall be provided or verified by the applicant, such individual’s eligibility—

“(i) to enroll in the plan through the Exchange, and

“(ii) for any advance payment under section 1412 of the Patient Protection and Affordable Care Act of the credit allowed under this section.

“(B) Applicable enrollment information

“For purposes of subparagraph (A), applicable enrollment information shall include affirmation of at least the following information (to the extent relevant in determining eligibility described in subparagraph (A)):

“(i) Household income and family size.

“(ii) Whether the individual is an eligible alien.

“(iii) Any health coverage status or eligibility for coverage.

“(iv) Place of residence.

“(v) Such other information as may be determined by the Secretary (in consultation with the Secretary of Health and Human Services) as necessary to the verification prescribed under subparagraph (A).

“(C) Verification of past months

“In the case of a month that begins before verification prescribed by subparagraph (A), such month shall be treated as a coverage month if the Exchange verifies for such month (using applicable enrollment information that shall be provided or verified by the applicant) such individual’s eligibility to have so enrolled and for any such advance payment.

“(D) Exchange participation; coordination with other procedures for determining eligibility

“An individual shall not, solely by reason of failing to meet the requirements of this paragraph with respect to a month, be treated for such month as ineligible to enroll in a qualified health plan through an Exchange.

“(E) Waiver for certain special enrollment periods

“The Secretary may waive the application of subparagraph

(A)in the case of an individual who enrolls in a qualified health plan through an Exchange for 1 or more months of the taxable year during a special enrollment period provided by the Exchange on the basis of a change in the family size of the individual.

“(F) Information and reliance on third-party sources

“An Exchange shall be permitted to use any data available to the Exchange and any reliable third-party sources in collecting information for verification by the applicant.

“(6) Exchange compliance with filing requirements

“The term ‘coverage month’ shall not include, with respect to any individual covered by a qualified health plan enrolled in through an Exchange, any month for which the Exchange does not meet the requirements of section 155.305(f)(4)(iii) of title 45, Code of Federal Regulations (as published in the Federal Register on June 25, 2025 (90 Fed. Reg. 27074), applied as though it applied to all plan years after 2025), with respect to the individual.”

See 2025 Amendment notes below.

Amendment of Subsection

Pub. L. 119–21, title VII, § 71301(a), (b), (e), July 4, 2025, 139 Stat. 321, 322, provided that, applicable to taxable years beginning after Dec. 31, 2026, subsection

(e)of this section is amended as follows:

(1)in paragraph (1), by inserting “or, in the case of aliens who are lawfully present, are not eligible aliens” after “individuals who are not lawfully present”; and

(2)in paragraph (2):

(A)by striking “For purposes of this section, an individual” and inserting “For purposes of this section—

“(A) In general

“An individual”; and

(B)by adding at the end the following new subparagraph:

“(B) Eligible aliens

“An individual who is an alien and lawfully present shall be treated as an eligible alien if such individual is, and is reasonably expected to be for the entire period of enrollment for which the credit under this section is being claimed—

“(i) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),

“(ii) an alien who has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422); or

“(iii) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)(G)).”

See 2025 Amendment notes below.

Inflation Adjusted Items for Certain Years

For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.

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