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(b) LIMITATION.—The authority provided in sub-
section (a) may be used only after— 
(1) the Secretary submits to Congress notification of 
the intent to do so together with a complete discussion 
of the justification for doing so; and 
(2) 15 days have elapsed following the date of the 
notification. 
SEC. 1304. EXTENSION OF LIMITED WAIVER OF RESTRIC-
TIONS ON USE OF FUNDS FOR THREAT RE-
DUCTION IN STATES OF THE FORMER SOVIET 
UNION. 
Section 1306 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (22 U.S.C. 5952 
note) is amended by adding at the end the following new 
subsection: 
‘‘(f) COVERAGE OF CALENDAR YEARS.—The author-
ity under subsection (a) applies with respect to calendar 
years 2005, 2006, and 2007 in the same manner as it 
applies to fiscal years. The authority under this subsection 
shall expire on December 31, 2007.’’. 
SEC. 1305. REPORT ON ELIMINATION OF IMPEDIMENTS TO 
NUCLEAR 
THREAT-REDUCTION 
AND 
NON-
PROLIFERATION PROGRAMS IN THE RUSSIAN 
FEDERATION. 
(a) FINDINGS.—Congress finds that—
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(1) despite the importance of programs and ac-
tivities to assist in securing nuclear weapons and 
fissile materials in the states of the former Soviet 
Union, the effective conduct of some programs and 
activities in the Russian Federation is impeded by 
numerous legal and administrative disagreements re-
garding a variety of issues, including issues relating 
to access to sites, liability, and taxation; and 
(2) it has been possible to resolve disagreements 
of that nature in other republics of the former So-
viet Union through committed and high-level discus-
sions between the United States and those republics. 
(b) REPORT.—Not later than November 1, 2006, the 
President shall submit to Congress a report on impedi-
ments in the states of the former Soviet Union to the ef-
fective conduct of programs and activities of the United 
States relating to securing nuclear weapons and fissile ma-
terials in those states. The report shall— 
(1) identify the impediments to the rapid, effi-
cient, and effective conduct of programs and activi-
ties of the Department of Defense, the Department 
of State, and the Department of Energy to assist in 
securing such materials in those states, including 
issues relating to access to sites, liability, and tax-
ation; and
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(2) describe the plans of the United States to 
overcome or ameliorate such impediments, including 
an identification and discussion of new models and 
approaches that might be used to develop new rela-
tionships with entities in Russia capable of assisting 
in removing or ameliorating those impediments, and 
any congressional action that may be necessary for 
that purpose. 
TITLE XIV—CONTRACT DISPUTE 
ENHANCEMENT 
Subtitle A—General provisions 
Sec. 1411. Definitions. 
Subtitle B—Establishment of civilian and defense Boards of contract appeals 
Sec. 1421. Establishment. 
Sec. 1422. Membership. 
Sec. 1423. Chairmen. 
Sec. 1424. Rulemaking authority. 
Sec. 1425. Authorization of appropriations. 
Subtitle C—Functions of defense and civilian Boards of contract appeals 
Sec. 1431. Contract disputes. 
Sec. 1432. Enhanced access for small business. 
Sec. 1433. Applicability to certain contracts. 
Subtitle D—Transfers and transition, savings, and conforming provisions 
Sec. 1441. Transfer and allocation of appropriations and personnel. 
Sec. 1442. Terminations and savings provisions. 
Sec. 1443. Contract disputes authority of Boards. 
Sec. 1444. References to agency Boards of contract appeals. 
Sec. 1445. Conforming amendments. 
Subtitle E—Effective Date; Regulations and Appointment of Chairmen 
Sec. 1451. Effective date. 
Sec. 1452. Regulations. 
Sec. 1453. Appointment of Chairmen of Defense Board and Civilian Board.
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Subtitle A—General Provisions 
SEC. 1411. DEFINITIONS. 
(a) IN GENERAL.—The Office of Federal Procure-
ment Policy Act (41 U.S.C. 401 et seq.) is amended by 
adding at the end the following: 
‘‘TITLE II—DISPUTE 
RESOLUTION 
‘‘Subtitle A—General Provisions 
‘‘SEC. 201. DEFINITIONS. 
‘‘In this title: 
‘‘(1) The term ‘Defense Board’ means the De-
partment of Defense Board of Contract Appeals es-
tablished pursuant to section 8(a)(1) of the Contract 
Disputes Act of 1978 (41 U.S.C. 607). 
‘‘(2) The term ‘Civilian Board’ means the Civil-
ian Board of Contract Appeals established pursuant 
to section 8(b)(1) of the Contract Disputes Act of 
1978 (41 U.S.C. 607). 
‘‘(3) The term ‘Board judge’ means a member 
of the Defense Board or the Civilian Board, as the 
case may be. 
‘‘(4) The term ‘Chairman’ means the Chairman 
of the Defense Board or the Civilian Board, as the 
case may be. 
‘‘(5) The term ‘Board concerned’ means—
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‘‘(A) the Defense Board with respect to 
matters within its jurisdiction; and 
‘‘(B) the Civilian Board with respect to 
matters within its jurisdiction. 
‘‘(6) The term ‘executive agency’— 
‘‘(A) with respect to contract disputes 
under the jurisdiction of the Defense Board, 
means the Department of Defense, the Depart-
ment of the Army, the Department of the Navy, 
the Department of the Air Force, or the Na-
tional Aeronautics and Space Administration; 
and 
‘‘(B) with respect to contract disputes 
under the jurisdiction of the Civilian Board, has 
the meaning given by section 4(1) of this Act 
except that the term does not include the De-
partment of Defense, the Department of the 
Army, the Department of the Navy, the Depart-
ment of the Air Force, the National Aero-
nautics and Space Administration, and the Ten-
nessee Valley Authority.’’. 
(b) CONFORMING
AMENDMENTS.—The Office of 
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) 
is further amended— 
(1) by inserting the following before section 1:
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‘‘TITLE I—FEDERAL PROCURE-
MENT POLICY GENERALLY’’; 
and 
(2) in section 4, by striking out ‘‘As used in 
this Act:’’ and inserting in lieu thereof ‘‘Except as 
otherwise specifically provided, as used in this Act:’’. 
Subtitle B—Establishment of Civil-
ian and Defense Boards of Con-
tract Appeals 
SEC. 1421. ESTABLISHMENT. 
(a) DEFENSE BOARD.—Subsection (a)(1) of section 
8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) 
is amended to read as follows: 
‘‘(a)(1) There is established in the Department of De-
fense a board of contract appeals to be known as the De-
partment of Defense Board of Contract Appeals.’’. 
(b) CIVILIAN BOARD.—Subsection (b)(1) of section 
8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) 
is amended to read as follows: 
‘‘(b)(1) There is established in the General Services 
Administration a board of contract appeals to be known 
as the Civilian Board of Contract Appeals.’’.
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SEC. 1422. MEMBERSHIP. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 1411, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 202. MEMBERSHIP. 
‘‘(a) APPOINTMENT.—(1)(A) The Defense Board 
shall consist of judges appointed by the Secretary of De-
fense from a register of applicants maintained by the De-
fense Board, in accordance with rules issued by the De-
fense Board for establishing and maintaining a register 
of eligible applicants and selecting Defense Board judges. 
The Secretary shall appoint a judge without regard to po-
litical affiliation and solely on the basis of the professional 
qualifications required to perform the duties and respon-
sibilities of a Defense Board judge. 
‘‘(B) The Civilian Board shall consist of judges ap-
pointed by the Administrator for Federal Procurement 
Policy from a register of applicants maintained by the Ad-
ministrator, in accordance with rules issued by the Admin-
istrator for establishing and maintaining a register of eli-
gible applicants and selecting Civilian Board judges. The 
Administrator shall appoint a judge without regard to po-
litical affiliation and solely on the basis of the professional 
qualifications required to perform the duties and respon-
sibilities of a Civilian Board judge.
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‘‘(2) The members of the Defense Board and the Ci-
vilian Board shall be selected and appointed to serve in 
the same manner as administrative law judges appointed 
pursuant to section 3105 of title 5, United States Code, 
with an additional requirement that such members shall 
have had not fewer than five years of experience in public 
contract law. 
‘‘(3) Notwithstanding paragraph (2) and subject to 
subsection (b), the following persons shall serve as Board 
judges: 
‘‘(A) For the Defense Board, any full-time 
member of the Armed Services Board of Contract 
Appeals serving as such on the day before the effec-
tive date of this title. 
‘‘(B) For the Civilian Board, any full-time 
member of any agency board of contract appeals 
other than the Armed Services Board of Contract 
Appeals, the Postal Service Board of Contract Ap-
peals, and the board of contract appeals of the Ten-
nessee Valley Authority serving as such on the day 
before the effective date of this title. 
‘‘(b) REMOVAL.—Members of the Defense Board and 
the Civilian Board shall be subject to removal in the same 
manner as administrative law judges, as provided in sec-
tion 7521 of title 5, United States Code.
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‘‘(c) COMPENSATION.—Compensation for the Chair-
man of the Defense Board and the Chairman of the Civil-
ian Board and all other members of each Board shall be 
determined under section 5372a of title 5, United States 
Code.’’. 
SEC. 1423. CHAIRMEN. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 1422, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 203. CHAIRMEN. 
‘‘(a) DESIGNATION.—(1)(A) The Chairman of the 
Defense Board shall be designated by the Secretary of De-
fense to serve for a term of five years. The Secretary shall 
select the Chairman from among sitting judges each of 
whom has had at least five years of service as a member 
of the Armed Services Board of Contract Appeals. 
‘‘(B) The Chairman of the Civilian Board shall be 
designated by the Administrator for Federal Procurement 
Policy to serve for a term of five years. The Administrator 
shall select the Chairman from among sitting judges each 
of whom has had at least five years of service as a member 
of an agency board of contract appeals other than the 
Armed Services Board of Contract Appeals. 
‘‘(2) A Chairman of a Board may continue to serve 
after the expiration of the Chairman’s term until a suc-
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cessor has taken office. A Chairman may be reappointed 
any number of times. 
‘‘(b) RESPONSIBILITIES.—The Chairman of the De-
fense Board or the Civilian Board, as the case may be, 
shall be responsible on behalf of the Board for the execu-
tive and administrative operation of the Board, including 
functions of the Board with respect to the following: 
‘‘(1) The selection, appointment, and fixing of 
the compensation of such personnel, pursuant to 
part III of title 5, United States Code, as the Chair-
man considers necessary or appropriate, including a 
Clerk of the Board, a General Counsel, and clerical 
and legal assistance for Board judges. 
‘‘(2) The supervision of personnel employed by 
or assigned to the Board, and the distribution of 
work among such personnel. 
‘‘(3) The operation of an Office of the Clerk of 
the Board, including the receipt of all filings made 
with the Board, the assignment of cases, and the 
maintenance of all records of the Board. 
‘‘(4) The prescription of such rules and regula-
tions as the Chairman considers necessary or appro-
priate for the administration and management of the 
Board.
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‘‘(c) VICE CHAIRMEN.—The Chairman of the De-
fense Board or the Civilian Board, as the case may be, 
may designate up to two other Board judges as Vice 
Chairmen. The Vice Chairmen, in the order designated by 
the Chairman, shall act in the place and stead of the 
Chairman during the absence of the Chairman.’’. 
SEC. 1424. RULEMAKING AUTHORITY. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 1423, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 204. RULEMAKING AUTHORITY. 
‘‘Except as provided by section 1452 of the National 
Defense Authorization Act for Fiscal Year 2006, the 
Chairman of the Defense Board and the Chairman of the 
Civilian Board, in consultation with the Administrator for 
Federal Procurement Policy, shall jointly issue and main-
tain— 
‘‘(1) such procedural rules and regulations as 
are necessary to the exercise of the functions of the 
Boards under section 211; and 
‘‘(2) statements of policy of general applica-
bility with respect to such functions.’’.
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SEC. 1425. AUTHORIZATION OF APPROPRIATIONS. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 1424, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for fiscal 
year 2006 and each succeeding fiscal year such sums as 
may be necessary to carry out the provisions of this title. 
Funds for the activities of each Board shall be separately 
appropriated for such purpose. Funds appropriate pursu-
ant to this section shall remain available until expended.’’. 
Subtitle C—Functions of Defense 
and Civilian Boards of Contract 
Appeals 
SEC. 1431. CONTRACT DISPUTES. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 1425, is fur-
ther amended by adding at the end the following: 
‘‘Subtitle B—Functions of the De-
fense and Civilian Boards of 
Contract Appeals 
‘‘SEC. 211. CONTRACT DISPUTES. 
‘‘The Defense Board shall have jurisdiction as pro-
vided by section 8(a)(1) of the Contract Disputes Act of 
1978 (41 U.S.C. 607(a)). The Civilian Board shall have
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jurisdiction as provided by section 8(b)(1) of such Act (41 
U.S.C. 607(b)).’’. 
SEC. 1432. ENHANCED ACCESS FOR SMALL BUSINESS. 
Section 9(a) of the Contract Disputes Act of 1978 
(41 U.S.C. 608) is amended by striking out the period 
at the end of the first sentence and inserting the following: 
‘‘or, in the case of a small business concern (as defined 
in the Small Business Act and regulations under that 
Act), $150,000 or less.’’. 
SEC. 1433. APPLICABILITY TO CERTAIN CONTRACTS. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 1431, is fur-
ther amended by adding at the end the following: 
‘‘SEC. 212. APPLICABILITY TO CERTAIN CONTRACTS. 
‘‘(a) CONTRACTS AT OR BELOW THE SIMPLIFIED AC-
QUISITION THRESHOLD.—Notwithstanding section 33 of 
this Act, the authority conferred on the Defense Board 
and the Civilian Board by this title is applicable to con-
tracts in amounts not greater than the simplified acquisi-
tion threshold. 
‘‘(b) CONTRACTS
FOR COMMERCIAL ITEMS.—Not-
withstanding section 34 of this Act, the authority con-
ferred on the Defense Board and the Civilian Board by 
this title is applicable to contracts for the procurement of 
commercial items.’’.
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Subtitle D—Transfers and Transi-
tion, Savings, and Conforming 
Provisions 
SEC. 1441. TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL. 
(a) TRANSFERS.— 
(1) ARMED SERVICES BOARD OF CONTRACT AP-
PEALS.—The personnel employed in connection with, 
and the assets, liabilities, contracts, property, 
records, and unexpended balance of appropriations, 
authorizations, allocations, and other funds em-
ployed, held, used, arising from, available to, or to 
be made available in connection with the functions 
vested by law in the Armed Services Board of Con-
tract Appeals established pursuant to section 8 of 
the Contract Disputes Act of 1978 (41 U.S.C. 607) 
(as in effect on the day before the effective date de-
scribed in section 1451), shall be transferred to the 
Department of Defense Board of Contract Appeals 
for appropriate allocation by the Chairman of that 
Board. 
(2) OTHER BOARDS OF CONTRACTS APPEALS.— 
The personnel employed in connection with, and the 
assets, liabilities, contracts, property, records, and 
unexpended balance of appropriations, authoriza-
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tions, allocations, and other funds employed, held, 
used, arising from, available to, or to be made avail-
able in connection with the functions vested by law 
in the boards of contract appeals established pursu-
ant to section 8 of the Contract Disputes Act of 
1978 (41 U.S.C. 607) (as in effect on the day before 
the effective date described in section 1451) other 
than the Armed Services Board of Contract Appeals, 
the board of contract appeals of the Tennessee Val-
ley Authority, and the Postal Service Board of Con-
tract Appeals shall be transferred to the Civilian 
Board of Contract Appeals for appropriate allocation 
by the Chairman of that Board. 
(b) EFFECT ON PERSONNEL.—Personnel transferred 
pursuant to this subtitle shall not be separated or reduced 
in compensation for one year after such transfer, except 
for cause. 
(c) REGULATIONS.—(1) The Department of Defense 
Board of Contract Appeals and the Civilian Board of Con-
tract Appeals shall each prescribe regulations for the re-
lease of competing employees in a reduction in force that 
gives due effect to— 
(A) efficiency or performance ratings; 
(B) military preference; and 
(C) tenure of employment.
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(2) In prescribing the regulations, the Board con-
cerned shall provide for military preference in the same 
manner as set forth in subchapter I of chapter 35 of title 
5, United States Code. 
SEC. 1442. TERMINATIONS AND SAVINGS PROVISIONS. 
(a) TERMINATION OF BOARDS OF CONTRACT AP-
PEALS.—Effective on the effective date described in sec-
tion 1451, the boards of contract appeals established pur-
suant to section 8 of the Contract Disputes Act of 1978 
(41 U.S.C. 607) (as in effect on the day before such effec-
tive date), other than the board of contract appeals of the 
Tennessee Valley Authority and the Postal Service Board 
of Contract Appeals, shall terminate. 
(b) SAVINGS PROVISION FOR CONTRACT DISPUTE 
MATTERS PENDING BEFORE BOARDS.—(1) This title and 
the amendments made by this title shall not affect any 
proceedings pending on the effective date described in sec-
tion 1451 before any board of contract appeals terminated 
by subsection (a). 
(2) In the case of any such proceedings pending be-
fore the Armed Services Board of Contract Appeals, the 
proceedings shall be continued by the Department of De-
fense Board of Contract Appeals, and orders which were 
issued in any such proceeding by the Armed Services 
Board of Contract Appeals shall continue in effect until
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modified, terminated, superseded, or revoked by the De-
partment of Defense Board of Contract Appeals, by a 
court of competent jurisdiction, or by operation of law. 
(3) In the case of any such proceedings pending be-
fore an agency board of contract appeals other than the 
Armed Services Board of Contract Appeals or the board 
of contract appeals of the Tennessee Valley Authority, the 
proceedings shall be continued by the Civilian Board of 
Contract Appeals, and orders which were issued in any 
such proceeding by the agency board shall continue in ef-
fect until modified, terminated, superseded, or revoked by 
the Civilian Board of Contract Appeals, by a court of com-
petent jurisdiction, or by operation of law. 
SEC. 1443. CONTRACT DISPUTES AUTHORITY OF BOARDS. 
(a) Section 2 of the Contract Disputes Act of 1978 
(41 U.S.C. 601) is amended— 
(1) in paragraph (2), by striking out ‘‘, the 
United States Postal Service, and the Postal Rate 
Commission’’; 
(2) by redesignating paragraph (7) as para-
graph (9); 
(3) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) the terms ‘agency board’ or ‘agency board 
of contract appeals’ mean—
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‘‘(1) the Department of Defense Board of 
Contract Appeals established under section 
8(a)(1) of this Act; 
‘‘(2) the Civilian Board of Contract Ap-
peals established under section 8(b)(1) of this 
Act; 
‘‘(3) the board of contract appeals of the 
Tennessee Valley Authority; or 
‘‘(4) the Postal Service Board of Contract 
Appeals established under section 8(h) of this 
Act;’’; and 
(4) by inserting after paragraph (6) the fol-
lowing new paragraphs: 
‘‘(7) the term ‘Defense Board’ means the De-
partment of Defense Board of Contract Appeals es-
tablished under section 8(a)(1) of this Act; 
‘‘(8) the term ‘Civilian Board’ means the Civil-
ian Board of Contract Appeals established under 
section 8(b)(1) of this Act; and’’. 
(b) Section 8 of the Contract Disputes Act of 1978 
(41 U.S.C. 607), as amended by section 1421, is further 
amended— 
(1) by striking out subsection (c); 
(2) in subsection (d)—
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(A) by striking out the first sentence and 
inserting in lieu thereof the following: ‘‘The De-
fense Board shall have jurisdiction to decide 
any appeal from a decision of a contracting offi-
cer of the Department of Defense, the Depart-
ment of the Army, the Department of the Navy, 
the Department of the Air Force, or the Na-
tional Aeronautics and Space Administration 
relative to a contract made by that department 
or agency. The Civilian Board shall have juris-
diction to decide any appeal from a decision of 
a contracting officer of any executive agency 
(other than the Department of Defense, the De-
partment of the Army, the Department of the 
Navy, the Department of the Air Force, the 
National Aeronautics and Space Administra-
tion, the United States Postal Service, the Post-
al Rate Commission, or the Tennessee Valley 
Authority) relative to a contract made by that 
agency. Each other agency board shall have ju-
risdiction to decide any appeal from a decision 
of a contracting officer relative to a contract 
made by its agency.’’; and
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(B) in the second sentence, by striking out 
‘‘Claims Court’’ and inserting in lieu thereof 
‘‘Court of Federal Claims’’; 
(3) by striking out subsection (h) and inserting 
in lieu thereof the following: 
‘‘(h) There is established an agency board of contract 
appeals to be known as the ‘Postal Service Board of Con-
tract Appeals’. Such board shall have jurisdiction to decide 
any appeal from a decision of a contracting officer of the 
United States Postal Service or the Postal Rate Commis-
sion relative to a contract made by either agency. Such 
board shall consist of judges appointed by the Postmaster 
General who shall meet the qualifications of and serve in 
the same manner as judges of the Civilian Board of Con-
tract Appeals. This Act and title II of the Office of Fed-
eral Procurement Policy Act shall apply to contract dis-
putes before the Postal Service Board of Contract Appeals 
in the same manner as they apply to contract disputes 
before the Civilian Board.’’; and 
(4) by striking out subsection (i). 
SEC. 1444. REFERENCES TO AGENCY BOARDS OF CON-
TRACT APPEALS. 
(a) DEFENSE BOARD.—Any reference to the Armed 
Services Board of Contract Appeals in any provision of 
law or in any rule, regulation, or other paper of the United
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States shall be treated as referring to the Department of 
Defense Board of Contract Appeals. 
(b) CIVILIAN BOARD.—Any reference to an agency 
board of contract appeals other than the Armed Services 
Board of Contract Appeals, the board of contract appeals 
of the Tennessee Valley Authority, or the Postal Service 
Board of Contract Appeals in any provision of law or in 
any rule, regulation, or other paper of the United States 
shall be treated as referring to the Civilian Board of Con-
tract Appeals. 
SEC. 1445. CONFORMING AMENDMENTS. 
(a) TITLE 5.—Section 5372a(a)(1) of title 5, United 
States Code, is amended by inserting after ‘‘of 1978’’ the 
following: ‘‘or a member of the Department of Defense 
Board of Contract Appeals or the Civilian Board of Con-
tract Appeals appointed under section 202 of the Office 
of Federal Procurement Policy Act’’. 
(b) OFFICE
OF FEDERAL PROCUREMENT POLICY 
ACT.— 
(1) The table of contents for the Office of Fed-
eral Procurement Policy Act (contained in section 
1(b)) is amended by inserting the following before 
the item relating to section 1: 
‘‘TITLE I—FEDERAL PROCUREMENT POLICY GENERALLY’’.
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(2) The table of contents for the Office of Fed-
eral Procurement Policy Act (contained in section 
1(b)) is amended by adding at the end the following: 
‘‘TITLE II—DISPUTE RESOLUTION 
‘‘Subtitle A—General provisions 
‘‘201. Definitions. 
‘‘202. Membership. 
‘‘203. Chairmen. 
‘‘204. Rulemaking authority. 
‘‘205. Authorization of appropriations. 
‘‘Subtitle B—Functions of the defense and civilian Boards of contract appeals 
‘‘211. Contract disputes. 
‘‘212. Applicability to certain contracts.’’. 
Subtitle E—Effective Date; Regula-
tions and Appointment of Chair-
men 
SEC. 1451. EFFECTIVE DATE. 
Title II of the Office of Federal Procurement Policy 
Act, as added by this title, and the amendments and re-
peals made by this title shall take effect 1 year after the 
date of the enactment of this Act. 
SEC. 1452. REGULATIONS. 
(a) REGULATIONS REGARDING CLAIMS.—Not later 
than 1 year after the date of the enactment of this Act, 
the Chairman of the Armed Services Board of Contract 
Appeals and the Chairman of the General Services Board 
of Contract Appeals, in consultation with the Adminis-
trator for Federal Procurement Policy, shall jointly 
issue—
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(1) such procedural rules and regulations as are 
necessary to the exercise of the functions of the De-
partment of Defense Board of Contract Appeals and 
the Civilian Board of Contract Appeals under sec-
tions 211 of the Office of Federal Procurement Pol-
icy Act (as added by this title); and 
(2) statements of policy of general applicability 
with respect to such functions. 
(b) REGULATIONS REGARDING APPOINTMENT
OF 
JUDGES.—Not later than 1 year after the date of the en-
actment of this Act— 
(1) the Chairman of the Armed Services Board 
of Contract Appeals shall issue rules governing the 
establishment and maintenance of a register of eligi-
ble applicants and the selection of judges for the De-
partment of Defense Board of Contract Appeals; 
and 
(2) the Administrator for Federal Procurement 
Policy shall issue rules governing the establishment 
and maintenance of a register of eligible applicants 
and the selection of judges for the Civilian Board of 
Contract Appeals.
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SEC. 1453. APPOINTMENT OF CHAIRMEN OF DEFENSE 
BOARD AND CIVILIAN BOARD. 
Notwithstanding section 1451, not later than 1 year 
after the date of the enactment of this Act— 
(1) the Secretary of Defense shall appoint the 
Chairman of the Department of Defense Board of 
Contract Appeals; and 
(2) the Administrator for Federal Procurement 
Policy shall appoint the Chairman of the Civilian 
Board of Contract Appeals. 
TITLE XV—AUTHORIZATION FOR 
INCREASED COSTS DUE TO 
OPERATION IRAQI FREEDOM 
AND OPERATION ENDURING 
FREEDOM 
Subtitle A—General Increases 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Navy and Marine Corps procurement. 
Sec. 1504. Defense-wide activities procurement. 
Sec. 1505. Research, development, test, and evaluation, defense-wide activities. 
Sec. 1506. Operation and maintenance. 
Sec. 1507. Defense working capital funds. 
Sec. 1508. Defense Health Program. 
Sec. 1509. Military personnel. 
Sec. 1510. Iraq Freedom Fund. 
Sec. 1511. Classified programs. 
Sec. 1512. Treatment as additional authorizations. 
Sec. 1513. Transfer authority. 
Sec. 1514. Availability of funds. 
Subtitle B—Personnel Provisions 
Sec. 1521. Increase in active Army and Marine Corps strength levels. 
Sec. 1522. Additional authority for increases of Army and Marine Corps active 
duty end strengths for fiscal years 2007 through 2009.
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Sec. 1523. Military death gratuity enhancement. 
Sec. 1524. Permanent prohibition against requiring certain injured members to 
pay for meals provided by military treatment facilities. 
Sec. 1525. Permanent authority to provide travel and transportation allowances 
for dependents to visit hospitalized members injured in combat 
operation or combat zone. 
Sec. 1526. Permanent increase in length of time dependents of certain deceased 
members may continue to occupy military family housing or re-
ceive basic allowance for housing. 
Sec. 1527. Availability of special pay for members during rehabilitation from 
combat-related injuries. 
Sec. 1528. Allowance to cover monthly deduction from basic pay for 
Servicemembers’ Group Life Insurance coverage for members 
serving in Operation Enduring Freedom or Operation Iraqi 
Freedom. 
Subtitle C—Matters Involving Support Provided by Foreign Nations 
Sec. 1531. Reimbursement of certain coalition nations for support provided to 
United States military operations. 
Subtitle A—General Increases 
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize emergency 
appropriations for the Department of Defense for fiscal 
year 2006 to provide funds for additional costs due to Op-
eration Iraqi Freedom and Operation Enduring Freedom. 
Funds authorized for appropriation in this title are avail-
able upon the enactment of this Act. 
SEC. 1502. ARMY PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2006 for procurement accounts of the Army 
in amounts as follows: 
(1) For weapons and tracked combat vehicles, 
$574,627,000. 
(2) For ammunition, $105,700,000. 
(3) For other procurement, $1,945,350,000.
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SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2006 for procurement accounts for 
the Navy in amounts as follows: 
(1) For weapons procurement, $36,800,000. 
(2) For other procurement, $15,300,000. 
(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2006 for procurement for 
the Marine Corps in the amount of $445,400,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2006 for procurement of ammunition for the Navy and 
the Marine Corps in the amount of $144,721,000. 
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2006 for the procurement account for Defense- 
wide procurement in the amount of $103,900,000. 
SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for 
fiscal year 2006 for the Department of Defense for re-
search, development, test and evaluation, Defense-wide, in 
the amount of $75,000,000. 
SEC. 1506. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2006 for the use of the Armed Forces for ex-
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penses, not otherwise provided for, for operation and 
maintenance, in amounts as follows: 
(1) For the Army, $20,305,001,000. 
(2) For the Navy, $1,838,000,000. 
(3) For the Marine Corps, $1,791,800,000. 
(4) For the Air Force, $3,195,352,000. 
(5) For Defense-wide, $2,870,333,000. 
(6) 
For 
the 
Army 
National 
Guard, 
$159,500,000. 
(7) For the Army Reserve, $26,400,000. 
SEC. 1507. DEFENSE WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2006 for the Defense Working Capital Fund 
in the amount of $1,700,000,000. 
SEC. 1508. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2006 for ex-
penses, not otherwise provided for, for the Defense Health 
Program in the amount of $846,000,000, for Operation 
and Maintenance. 
SEC. 1509. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel accounts for 
fiscal year 2006 a total of $9,390,010,000.
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SEC. 1510. IRAQ FREEDOM FUND. 
(a) IN GENERAL.—Funds are hereby authorized to 
be appropriated for fiscal year 2006 for the account of 
the Iraq Freedom Fund in amount of $1,000,000,000, to 
remain available for transfer to other accounts in this title 
until April 30, 2006. Amounts of authorization so trans-
ferred shall be merged with, and be made available for, 
the same purposes as the authorization to which trans-
ferred. 
(b) NOTICE TO CONGRESS.—A transfer may be made 
from the Iraq Freedom Fund only after the Secretary of 
Defense notifies the congressional defense subcommittees 
with respect to the proposed transfer in writing not less 
than five days before the transfer is made. 
SEC. 1511. CLASSIFIED PROGRAMS. 
There is hereby authorized to be appropriated for fis-
cal year 2006 for classified programs the amount of 
$2,500,000,000. 
SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this 
title are in addition to amounts otherwise authorized to 
be appropriated by this Act. 
SEC. 1513. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in
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the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this title for fiscal year 2006 
between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authoriza-
tions so transferred shall be merged with and be 
available for the same purposes as the authorization 
to which transferred. 
(2) LIMITATION.—The total amount of author-
izations that the Secretary may transfer under the 
authority 
of 
this 
section 
may 
not 
exceed 
$3,000,000,000. The transfer authority provided in 
this section is in addition to any other transfer au-
thority available to the Secretary of Defense. 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress; and 
(3) may not be combined with the authority 
under section 1001.
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(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE TO CONGRESS.—A transfer may be made 
under the authority of this section only after the Secretary 
of Defense— 
(1) consults with the chairmen and ranking 
members of the congressional defense committees 
with respect to the proposed transfer; and 
(2) after such consultation, notifies those com-
mittees in writing of the proposed transfer not less 
than five days before the transfer is made. 
SEC. 1514. AVAILABILITY OF FUNDS. 
Funds in this title shall be made available for obliga-
tion to the Army, Navy, Marine Corps, Air Force, and 
Defense-wide components by the end of the second quarter 
of fiscal year 2006.
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Subtitle B—Personnel Provisions 
SEC. 1521. INCREASE IN ACTIVE ARMY AND MARINE CORPS 
STRENGTH LEVELS. 
(a) AUTHORIZED
END
STRENGTHS.—The end 
strength level authorized for fiscal year 2006 under sec-
tion 401— 
(1) for the Army is hereby increased by 30,000; 
and 
(2) for the Marine Corps is hereby increased by 
4,000. 
(b) STATUTORY MINIMUM ACTIVE STRENGTH LEV-
ELS.— 
(1) ARMY.—The minimum strength for the 
Army under section 691(b) of title 10, United States 
Code (notwithstanding the number specified in para-
graph (1) of that section) for the period beginning 
on October 1, 2005, and ending on September 30, 
2006, shall be the number specified in section 
401(1) of this Act, increased by 30,000. 
(2) MARINE
CORPS.—The minimum strength 
for the Marine Corps under section 691(b) of title 
10, United States Code (notwithstanding the num-
ber specified in paragraph (3) of that section) for 
the period beginning on October 1, 2005, and ending 
on September 30, 2006, shall be the number speci-
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fied in section 401(3) of this Act, increased by 
4,000. 
(c) LIMITATION.—The authorized strengths for the 
Army and Marine Corps provided in subsection (a) for ac-
tive duty personnel for fiscal year 2006 are subject to the 
condition that costs of active-duty personnel of the Army 
and the Marine Corps for that fiscal year in excess of 
482,400 and 175,000, respectively, shall be paid out of 
funds appropriated for that fiscal year for a contingent 
emergency reserve fund or as an emergency supplemental 
appropriation. 
SEC. 1522. ADDITIONAL AUTHORITY FOR INCREASES OF 
ARMY AND MARINE CORPS ACTIVE DUTY END 
STRENGTHS 
FOR 
FISCAL 
YEARS 
2007 
THROUGH 2009. 
Effective October 1, 2006, the text of section 403 of 
the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
1863) is amended to read as follows: 
‘‘(a) AUTHORITY.— 
‘‘(1) ARMY.—For each of fiscal years 2007, 
2008, and 2009, the Secretary of Defense may, as 
the Secretary determines necessary for the purposes 
specified in paragraph (3), establish the active-duty 
end strength for the Army at a number greater than
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the number otherwise authorized by law up to the 
number equal to the fiscal-year 2006 baseline plus 
20,000. 
‘‘(2) MARINE CORPS.—For each of fiscal years 
2007, 2008, and 2009, the Secretary of Defense 
may, as the Secretary determines necessary for the 
purposes specified in paragraph (3), establish the ac-
tive-duty end strength for the Marine Corps at a 
number greater than the number otherwise author-
ized by law up to the number equal to the fiscal-year 
2006 baseline plus 5,000. 
‘‘(3) PURPOSE OF INCREASES.—The purposes 
for which increases may be made in Army and Ma-
rine Corps active duty end strengths under para-
graphs (1) and (2) are— 
‘‘(A) to support operational missions; and 
‘‘(B) to achieve transformational reorga-
nization objectives, including objectives for in-
creased numbers of combat brigades and battal-
ions, increased unit manning, force stabilization 
and shaping, and rebalancing of the active and 
reserve component forces. 
‘‘(4) FISCAL-YEAR
2006
BASELINE.—In this 
subsection, the term ‘fiscal-year 2006 baseline’, with 
respect to the Army and Marine Corps, means the
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active-duty end strength authorized for those serv-
ices in section 1521 of the National Defense Author-
ization Act for Fiscal Year 2006. 
‘‘(5) ACTIVE-DUTY
END
STRENGTH.—In this 
subsection, the term ‘active-duty end strength’ 
means the strength for active-duty personnel of one 
the Armed Forces as of the last day of a fiscal year. 
‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU-
THORITY.—Nothing in this section shall be construed to 
limit the President’s authority under section 123a of title 
10, United States Code, to waive any statutory end 
strength in a time of war or national emergency. 
‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHOR-
ITY.—The authority under subsection (a) is in addition 
to the authority to vary authorized end strengths that is 
provided in subsections (e) and (f) of section 115 of title 
10, United States Code. 
‘‘(d) BUDGET TREATMENT.— 
‘‘(1) FISCAL YEAR 2007 BUDGET.—The budget 
for the Department of Defense for fiscal year 2007 
as submitted to Congress shall comply, with respect 
to funding, with subsections (c) and (d) of section 
691 of title 10, United States Code. 
‘‘(2) OTHER INCREASES.—If the Secretary of 
Defense plans to increase the Army or Marine Corps
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active duty end strength for a fiscal year under sub-
section (a), then the budget for the Department of 
Defense for that fiscal year as submitted to Con-
gress shall include the amounts necessary for fund-
ing that active duty end strength in excess of the fis-
cal year 2006 active duty end strength authorized 
for that service under section 401 of the National 
Defense Authorization Act for Fiscal Year 2006.’’. 
SEC. 1523. MILITARY DEATH GRATUITY ENHANCEMENT. 
(a) INCREASE IN AMOUNT.—Section 1478 of title 10, 
United States Code, is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (e), respectively; 
(2) by designating the second sentence of sub-
section (a) as subsection (b) and by striking therein 
‘‘this purpose’’ and inserting ‘‘the purpose of sub-
section (a)’’; 
(3) in subsection (a), by striking ‘‘title shall be 
$12,000 (as adjusted under subsection (c)).’’ and in-
serting the following: ‘‘title— 
‘‘(1) except as provided in paragraph (2), shall 
be $12,000 (as adjusted under subsection (e)); and 
‘‘(2) in the case of a death described in sub-
section (d), shall be $100,000.’’;
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(4) by inserting after subsection (c), as redesig-
nated by paragraph (1), the following new sub-
section: 
‘‘(d) A death referred to in subsection (a)(2) is a 
death resulting from wounds, injuries, or illnesses that 
are— 
‘‘(1) 
incurred 
as 
described 
in 
section 
1413a(e)(2) of this title; or 
‘‘(2) incurred in an operation designated by the 
Secretary of Defense as a combat operation or in an 
area designated by the Secretary as a combat 
zone.’’; and 
(5) in subsection (e), as redesignated by para-
graph (1), by striking ‘‘subsection (a)’’ and inserting 
‘‘subsection (a)(1)’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on October 1, 2005, imme-
diately after the provisions of the second sentence of sec-
tion 1013(e)(2) of division A of the Emergency Supple-
mental Appropriations Act for Defense, the Global War 
on Terror, and Tsunami Relief, 2005 (Public Law 109– 
13).
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SEC. 1524. PERMANENT PROHIBITION AGAINST REQUIRING 
CERTAIN INJURED MEMBERS TO PAY FOR 
MEALS PROVIDED BY MILITARY TREATMENT 
FACILITIES. 
(a) PROHIBITION.—Section 402 of title 37, United 
States Code, is amended— 
(1) by redesignating subsection (h) as sub-
section (i); and 
(2) by inserting after subsection (g) the fol-
lowing new subsection: 
‘‘(h) NO PAYMENT FOR MEALS RECEIVED AT MILI-
TARY TREATMENT FACILITIES.—(1) A member of the 
armed forces who is undergoing medical recuperation or 
therapy, or is otherwise in the status of continuous care, 
including outpatient care, at a military treatment facility 
for an injury, illness, or disease described in paragraph 
(2) shall not be required to pay, during any month in 
which the member is entitled to a basic allowance for sub-
sistence under this section, any charge for meals provided 
to the member by the military treatment facility. 
‘‘(2) Paragraph (1) applies with respect to an injury, 
illness, or disease incurred or aggravated by a member 
while the member was serving on active duty— 
‘‘(A) in support of Operation Iraqi Freedom or 
Operation Enduring Freedom; or
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‘‘(B) in any other operation designated by the 
Secretary of Defense as a combat operation or in an 
area designated by the Secretary as a combat 
zone.’’. 
(b) REPEAL OF TEMPORARY AUTHORITY.—Section 
1023 of division A of the Emergency Supplemental Appro-
priations Act for Defense, the Global War on Terror, and 
Tsunami Relief, 2005 (Public Law 109–13), is repealed. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the earlier of the following: 
(1) The date of the enactment of this Act. 
(2) September 30, 2005. 
SEC. 1525. PERMANENT AUTHORITY TO PROVIDE TRAVEL 
AND TRANSPORTATION ALLOWANCES FOR 
DEPENDENTS TO VISIT HOSPITALIZED MEM-
BERS INJURED IN COMBAT OPERATION OR 
COMBAT ZONE. 
(a) AUTHORITY TO CONTINUE ALLOWANCE.—Effec-
tive as of September 30, 2005, section 1026 of division 
A of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 
2005 (Public Law 109–13), is amended by striking sub-
sections (d) and (e).
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(b) CODIFICATION OF REPORTING REQUIREMENT.— 
Section 411h of title 37, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) If the amount of travel and transportation allow-
ances provided in a fiscal year under clause (ii) of sub-
section (a)(2)(B) exceeds $20,000,000, the Secretary of 
Defense shall submit to Congress a report specifying the 
total amount of travel and transportation allowances pro-
vided under such clause in such fiscal year.’’. 
(c) 
CONFORMING
AMENDMENT.—Subsection 
(a)(2)(B)(ii) of such section, as added by section 1026 of 
division A of the Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Tsunami 
Relief, 2005 (Public Law 109–13), is amended by striking 
‘‘under section 1967(c)(1)(A) of title 38’’. 
SEC. 1526. PERMANENT INCREASE IN LENGTH OF TIME DE-
PENDENTS OF CERTAIN DECEASED MEM-
BERS MAY CONTINUE TO OCCUPY MILITARY 
FAMILY HOUSING OR RECEIVE BASIC ALLOW-
ANCE FOR HOUSING. 
Effective as of September 30, 2005, section 1022 of 
division A of the Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Tsunami 
Relief, 2005 (Public Law 109–13), is amended— 
(1) by striking ‘‘(a)’’; and
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(2) by striking subsection (b). 
SEC. 1527. AVAILABILITY OF SPECIAL PAY FOR MEMBERS 
DURING REHABILITATION FROM COMBAT-RE-
LATED INJURIES. 
(a) SPECIAL PAY AUTHORIZED.—Chapter 5 of title 
37, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 327. Combat-related injury rehabilitation pay 
‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary 
concerned may pay monthly special pay under this section 
to a member of the armed forces who incurs a combat- 
related injury in a combat operation or combat zone des-
ignated by the Secretary of Defense and is evacuated from 
the theater of the combat operation or from the combat 
zone for medical treatment. 
‘‘(b) COMMENCEMENT
OF PAYMENT.—Subject to 
subsection (c), the special pay authorized by subsection 
(a) may be paid to a member described in such subsection 
for any month beginning after the date on which the mem-
ber was evacuated from the theater of the combat oper-
ation or the combat zone in which the member incurred 
the combat-related injury. 
‘‘(c) TERMINATION OF PAYMENTS.—The payment of 
special pay to a member under subsection (a) shall termi-
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nate at the end of the first month during which any of 
the following occurs: 
‘‘(1) The member is paid a benefit under the 
traumatic 
injury 
protection 
rider 
of 
the 
Servicemembers’ Group Life Insurance Program 
issued under section 1980A of title 38. 
‘‘(2) The member is no longer hospitalized in a 
military treatment facility or a facility under the 
auspices of the military health care system. 
‘‘(d) AMOUNT
OF
SPECIAL
PAY.—The monthly 
amount of special pay paid to a member under this section 
shall be equal to $430. 
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—Special pay paid to a member under this section 
is in addition to any other pay and allowances to which 
the member is entitled or authorized to receive. 
‘‘(f) COMBAT-RELATED DISABILITY.—In this section, 
the term ‘combat-related injury’, with respect to a mem-
ber, means a wound, injury, or illness that is incurred (as 
determined using the criteria prescribed by the Secretary 
of Defense under section 1413a(e)(2) of title 10) by the 
member— 
‘‘(1) as a direct result of armed conflict; 
‘‘(2) while engaged in hazardous service;