republic-os/legal/us/code/title-22/chapter-51/section-3862.md

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LegalText	22 U.S.C. § 3862	Panama Canal Board of Contract Appeals	us	united_states_code	code_section	22	FOREIGN RELATIONS AND INTERCOURSE	51	PANAMA CANAL	3862	22 U.S.C. § 3862	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip	/us/usc/t22/s3862	data/legal/raw/us/code/title-22/usc22.xml	125993f52be348e0775e7e51b11e1c5dceeb89dd66c4e21b863f320bae570919	b9c63ede722f5e0bf8eabfe9029e06e312ab9bcfd95c4d1424ed515baff1df83	6a9ad3188134ea079a95a42edf0e8ea2c08fa4ba1f4805298b598f0254523772	2026-07-04	official	legal us-code

22 U.S.C. § 3862 - Panama Canal Board of Contract Appeals

Text

(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 sections 7105(a), (c) to (e), (g), 7106(a), and 7107(a) of title 41. 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 chapter 71 of title 41 in the same manner as any other agency board of contract appeals established under that chapter.

(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 7104(b)(1) of title 41 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 7105(e) of title 41.

(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 11 So in original. Probably should be “subchapter V of chapter 35”. 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—

(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).

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

(f) Transition The Board shall have jurisdiction under subsections (b) and (c) 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, § 3102, as added Pub. L. 105–85, div. C, title XXXV, § 3541, Nov. 18, 1997, 111 Stat. 2071; amended Pub. L. 105–261, div. C, title XXXV, § 3510, Oct. 17, 1998, 112 Stat. 2270.)

Notes

Editorial Notes

Codification In subsec. (a)(1), “sections 7105(a), (c) to (e), (g), 7106(a), and 7107(a) of title 41” substituted for “section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607)”, “chapter 71 of title 41” substituted for “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)”, and “that chapter” substituted for “that Act” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b), “section 7104(b)(1) of title 41” substituted for “section 10(a)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a)(1))” and “section 7105(e) of title 41” substituted for “section 8(d) of such Act (41 U.S.C. 607(d))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments1998—Subsec. (a). Pub. L. 105–261, § 3510(a)(1), substituted “may” for “shall” in first sentence. Subsec. (a)(3). Pub. L. 105–261, § 3510(a)(2), added par. (3). Subsec. (e). Pub. L. 105–261, § 3510(b), struck out “, but not later than January 1, 1999” before period at end.