
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3862]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
                           Part 1--Procurement
 
Sec. 3862. Panama Canal Board of Contract Appeals


(a) Establishment

    (1) The Secretary of Defense, in consultation with the Commission, 
may establish a board of contract appeals, to be known as the Panama 
Canal Board of Contract Appeals, in accordance with section 8 of the 
Contract Disputes Act of 1978 (41 U.S.C. 607). Except as otherwise 
provided by this section, the Panama Canal Board of Contract Appeals (in 
this section referred to as the ``Board'') shall be subject to the 
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.) in the same manner 
as any other agency board of contract appeals established under that 
Act.
    (2) The Board shall consist of three members. At least one member of 
the Board shall be licensed to practice law in the Republic of Panama. 
Individuals appointed to the Board shall take an oath of office, the 
form of which shall be prescribed by the Secretary of Defense.
    (3) Compensation for members of the Board of Contract Appeals shall 
be established by the Commission's supervisory board. The annual 
compensation established for members may not exceed the rate of basic 
pay established for level IV of the Executive Schedule under section 
5315 of title 5. The compensation of a member may not be reduced during 
the member's term of office from the level established at the time of 
the appointment of the member.

(b) Exclusive jurisdiction to decide appeals

    Notwithstanding section 10(a)(1) of the Contract Disputes Act of 
1978 (41 U.S.C. 609(a)(1)) or any other provision of law, the Board 
shall have exclusive jurisdiction to decide an appeal from a decision of 
a contracting officer under section 8(d) of such Act (41 U.S.C. 607(d)).

(c) Exclusive jurisdiction to decide protests

    The Board shall decide protests submitted to it under this 
subsection by interested parties in accordance with subchapter V \1\ of 
title 31. Notwithstanding section 3556 of that title, section 1491(b) of 
title 28, and any other provision of law, the Board shall have exclusive 
jurisdiction to decide such protests. For purposes of this subsection--
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    \1\ So in original. Probably should be ``subchapter V of chapter 
35''.
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        (1) except as provided in paragraph (2), each reference to the 
    Comptroller General in sections 3551 through 3555 of title 31, is 
    deemed to be a reference to the Board;
        (2) the reference to the Comptroller General in section 
    3553(d)(3)(C)(ii) of such title is deemed to be a reference to both 
    the Board and the Comptroller General;
        (3) the report required by paragraph (1) of section 3554(e) of 
    such title shall be submitted to the Comptroller General as well as 
    the committees listed in such paragraph;
        (4) the report required by paragraph (2) of such section shall 
    be submitted to the Comptroller General as well as Congress; and
        (5) section 3556 of such title shall not apply to the Board, but 
    nothing in this subsection shall affect the right of an interested 
    party to file a protest with the appropriate contracting officer.

(d) Procedures

    The Board shall prescribe such procedures as may be necessary for 
the expeditious decision of appeals and protests under subsections (b) 
and (c) of this section.

(e) Commencement

    The Board shall begin to function as soon as it has been established 
and has prescribed procedures under subsection (d) of this section.

(f) Transition

    The Board shall have jurisdiction under subsections (b) and (c) of 
this section over any appeals and protests filed on or after the date on 
which the Board begins to function. Any appeals and protests filed 
before such date shall remain before the forum in which they were filed.

(g) Other functions

    The Board may perform functions similar to those described in this 
section for such other matters or activities of the Commission as the 
Commission may determine and in accordance with regulations prescribed 
by the Commission.

(Pub. L. 96-70, title III, Sec. 3102, as added Pub. L. 105-85, div. C, 
title XXXV, Sec. 3541, Nov. 18, 1997, 111 Stat. 2071; amended Pub. L. 
105-261, div. C, title XXXV, Sec. 3510, Oct. 17, 1998, 112 Stat. 2270.)

                       References in Text

    The Contract Disputes Act of 1978, referred to in subsec. (a)(1), is 
Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is 
classified principally to chapter 9 (Sec. 601 et seq.) of Title 41, 
Public Contracts. For complete classification of this Act to the Code 
see Short Title note set out under section 601 of Title 41 and Tables.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-261, Sec. 3510(a)(1), substituted 
``may'' for ``shall'' in first sentence.
    Subsec. (a)(3). Pub. L. 105-261, Sec. 3510(a)(2), added par. (3).
    Subsec. (e). Pub. L. 105-261, Sec. 3510(b), struck out ``, but not 
later than January 1, 1999'' before period at end.

                  Section Referred to in Other Sections

    This section is referred to in section 3861 of this title.
