§ 2410m. Retention of amounts collected from contractor during the pendency of contract dispute
(a)
Retention of Funds.—
Notwithstanding sections
1552
(a) and
3302
(b) of title
31, any amount, including interest, collected from a contractor as a result of a claim made by a military department or Defense Agency under chapter 71 of title
41, shall remain available in accordance with this section to pay—
(2)
any judgment rendered in the contractor’s favor on an appeal of the decision on that claim to the Armed Services Board of Contract Appeals under section
7104
(a) of title
41; or
(b)
Period of Availability.—
(1)
The period of availability of an amount under subsection (a), in connection with a claim—
(A)
expires 180 days after the expiration of the period for bringing an action on that claim in the United States Court of Federal Claims under section
7104
(b) of title
41 if, within that 180-day period—
(B)
if not expiring under subparagraph (A), expires—
(ii)
in the case of a judgment rendered on the claim in an appeal to the Armed Services Board of Contract Appeals under section 7 [1] of the Contract Disputes Act of 1978 or an action in a court of the United States, 180 days after the date on which the judgment becomes final and not appealable.
(c)
Annual Report.—
Not later than 60 days after the end of each fiscal year, the Under Secretary of Defense (Comptroller) shall submit to Congress a report on the amounts, if any, that are available for obligation pursuant to this section. The report shall include, at a minimum, the following:
[1] See References in Text note below.