PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1841 Years 1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended— (1) by striking out "plan—" and inserting in lieu thereof "plan of a contractor—"; (2) by striking out subparagraph (A); (3) by redesignating subparagraph (B) as subparagraph (A) and by striking out the period at the end of such subparagraph and inserting in lieu thereof "; and"; and (4) by adding at the end the following: "(B) shall cover each Department of Defense contract that is entered into by the contractor and each subcontract that is entered into by the contractor as the subcontractor under a Department of Defense contract.", (b) EXTENSION OF PROGRAM. —Subsection (e) of such section is amended by striking out "September 30, 1998" in the second sentence and inserting in lieu thereof "September 30, 2000.". Subtitle C—Administrative Provisions SEC. 831. RETENTION OF EXPIRED FUNDS DURING THE PENDENCY OF CONTRACT LITIGATION. (a) IN GENERAL. —Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:
- '§ 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 the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), shall remain available in accordance with this section to pay— "(1) any settlement of the claim by the parties; "(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 7 of such Act (41 U.S.C. 606); or "(3) any judgment rendered in the contractor's favor in an action on that claim in a court of the United States. "(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 10(a) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a)) if, within that 180- day period— "(i) no appeal on the claim is commenced at the Armed Services Board of Contract Appeals under section 7 of such Act; and "(ii) no action on the claim is commenced in a court of the United States; or "(B) if not expiring under subparagraph (A), expires— "(i) in the case of a settlement of the claim, 180 days after the date of the settlement; or "(ii) in the case of a judgment rendered on the claim in an appeal to the Armed Services Board of Contract
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