10 U.S.C. § 3863 — Retention of amounts collected from contractor during the pendency of contract dispute
submitted 29 years ago by Pub. L. 105-85 to r/title-10-ARMED-FORCES · 336 words · no verdicts yet
Money collected from a contractor because of a military claim remains available while the claim is resolved. It may be used only for specified settlements or judgments and eventually goes to the Treasury if not needed.
(a) Despite sections 1552(a) and 3302(b) of title 31, money, including interest, collected from a contractor because of a military department or Defense Agency* claim under chapter 71 of title 41 remains available under this section to pay* a settlement, a judgment for the contractor on an appeal to the Armed Services Board of Contract Appeals, or a judgment for the contractor in a United States court. (b)(1) For a claim, the money’s availability ends 180 days after the deadline for bringing an action in the Court of Federal Claims if, during that 180 days, no appeal is begun at the Armed Services Board and no court action is begun. If it does not end that way, availability ends 180 days after the settlement date, or, for a Board or court judgment, 180 days after the judgment becomes final and cannot be appealed. (b)(2) While available, the money may be obligated or spent only for a purpose listed in subsection (a). (b)(3) When the availability period ends, the money must be deposited in the Treasury as miscellaneous receipts.
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*—
any settlement of the claim by the parties;
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
any judgment rendered in the contractor’s favor in an action on that claim in a court of the United States.
The period of availability of an amount under subsection (a), in connection with a claim—
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—
no appeal on the claim is commenced at the Armed Services Board of Contract Appeals under section 7104(a) of such title; and
no action on the claim is commenced in a court of the United States; or
if not expiring under subparagraph (A), expires—
in the case of a settlement of the claim, 180 days after the date of the settlement; or
in the case of a judgment rendered on the claim in an appeal to the Armed Services Board of Contract Appeals under section 7104(a) of title 41 or an action in a court of the United States, 180 days after the date on which the judgment becomes final and not appealable.
While available under this section, an amount may be obligated or expended only for a purpose described in subsection (a).
Upon the expiration of the period of availability of an amount under paragraph (1), the amount shall be covered into the Treasury as miscellaneous receipts.
Source credit: (Added Pub. L. 105–85, div. A, title VIII, § 831(a), Nov. 18, 1997, 111 Stat. 1841, § 2410m; amended Pub. L. 108–136, div. A, title X, § 1031(a)(21), Nov. 24, 2003, 117 Stat. 1598; Pub. L. 111–350, § 5(b)(32), Jan. 4, 2011, 124 Stat. 3845; Pub. L. 112–81, div. A, title X, § 1061(15), Dec. 31, 2011, 125 Stat. 1583; Pub. L. 113–291, div. A, title X, § 1071(a)(8), Dec. 19, 2014, 128 Stat. 3504; renumbered § 3863, Pub. L. 116–283, div. A, title XVIII, § 1836(b), Jan. 1, 2021, 134 Stat. 4241.)
- 1997Enacted · Pub. L. 105-85 · 111 Stat. 1841
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1598
- 2011Amended · Pub. L. 111-350 · 124 Stat. 3845
- 2011Amended · Pub. L. 112-81 · 125 Stat. 1583
- 2014Amended · Pub. L. 113-291 · 128 Stat. 3504
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4241
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-85 on 1997-11-18.
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