5 U.S.C. § 5372a — Contract appeals board members

Page 619 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5373 after this section and the amendments made by this section [enacting section 5372a of this title, amending this section, sections 5102, 5311, and 5335 of this title, section 938 of Title 30, Mineral Lands and Mining, and section 607 of Title 41, Public Contracts] take effect [see Effective Date of 1990 Amendment note set out under section 5301 of this title], the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which was payable to that individual immediately before such conversion.’’ PAY INCREASES For adjustment of rates of basic pay for administra- tive law judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. § 5372a. Contract appeals board members (a) For the purpose of this section— (1) the term ‘‘contract appeals board mem- ber’’ means a member of an agency board of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41 or a mem- ber of the Civilian Board of Contract Appeals appointed under section 7105(b)(2) of title 41; and (2) the term ‘‘appeals board’’ means an agen- cy board of contract appeals established pur- suant to section 7105(a)(1), (c)(1), or (d)(1) of title 41. (b) Rates of basic pay for contract appeals board members shall be as follows: (1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Execu- tive Schedule. (2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). (3) Other members of an appeals board—94 percent of the rate under paragraph (1). (c) Rates of pay taking effect under this sec- tion shall be printed in the Federal Register and the Code of Federal Regulations. (Added Pub. L. 101–509, title V, § 529 [title I, § 104(a)(2)], Nov. 5, 1990, 104 Stat. 1427, 1446; amended Pub. L. 109–163, div. A, title VIII, § 847(f)(1), Jan. 6, 2006, 119 Stat. 3395; Pub. L. 111–350, § 5(a)(9), Jan. 4, 2011, 124 Stat. 3841.) Editorial Notes REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec. (b)(1), is set out in section 5315 of this title. AMENDMENTS 2011—Subsec. (a)(1). Pub. L. 111–350, § 5(a)(9)(A), sub- stituted ‘‘section 7105(a)(2), (c)(2), or (d)(2) of title 41’’ for ‘‘section 8 of the Contract Disputes Act of 1978’’ and ‘‘section 7105(b)(2) of title 41’’ for ‘‘section 42 of the Of- fice of Federal Procurement Policy Act’’. Subsec. (a)(2). Pub. L. 111–350, § 5(a)(9)(B), substituted ‘‘section 7105(a)(1), (c)(1), or (d)(1) of title 41’’ for ‘‘sec- tion 8 of the Contract Disputes Act of 1978’’. 2006—Subsec. (a)(1). Pub. L. 109–163 inserted ‘‘or a member of the Civilian Board of Contract Appeals ap- pointed under section 42 of the Office of Federal Pro- curement Policy Act’’ after ‘‘of 1978’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title VIII, § 847(g), Jan. 6, 2006, 119 Stat. 3395, provided that: ‘‘Section 42 of the Office of Federal Procurement Policy Act, as added by this section, and the amendments and repeals made by this section [enacting section 438 of Title 41, Public Con- tracts, amending this section and sections 601 and 607 of Title 41, and enacting provisions set out as a note under section 607 of Title 41], shall take effect 1 year after the date of the enactment of this Act [Jan. 6, 2006].’’ EFFECTIVE DATE Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title. § 5372b. Administrative appeals judges (a) For the purpose of this section— (1) the term ‘‘administrative appeals judge position’’ means a position the duties of which primarily involve reviewing decisions of ad- ministrative law judges appointed under sec- tion 3105; and (2) the term ‘‘agency’’ means an Executive agency, as defined by section 105, but does not include the Government Accountability Office. (b) Subject to such regulations as the Office of Personnel Management may prescribe, the head of the agency concerned shall fix the rate of basic pay for each administrative appeals judge position within such agency which is not classi- fied above GS–15 pursuant to section 5108. (c) A rate of basic pay fixed under this section shall be— (1) not less than the minimum rate of basic pay for level AL–3 under section 5372; and (2) not greater than the maximum rate of basic pay for level AL–3 under section 5372. (Added Pub. L. 106–554, § 1(a)(3) [title VI, § 645(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–169; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT GS–15, referred to in subsec. (b), is contained in the General Schedule which is set out under section 5332 of this title. AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–554, § 1(a)(3) [title VI, § 645(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–170, provided that: ‘‘The amendment made by subsection (a)(1) [enacting this section] shall apply with respect to pay for service per- formed on or after the first day of the first applicable pay period beginning on or after— ‘‘(1) the 120th day after the date of the enactment of this Act [Dec. 21, 2000]; or ‘‘(2) if earlier, the effective date of regulations pre- scribed by the Office of Personnel Management to carry out such amendment.’’ § 5373. Limitation on pay fixed by administrative action (a) Except as provided in subsection (b) and by the Government Employees Salary Reform Act