Procurement Policy shall submit to the Committees on 
Homeland Security and Governmental Affairs and on 
Armed Services of the Senate and the Committees on Gov-
ernment Reform and on Armed Services of the House of 
Representatives a report on the use of commercially avail-
able online procurement services. The report shall in-
clude—
(1) a list of the executive agencies that have 
used commercially available online procurement serv-
ices, and the number of times each has so used such 
services; 
(2) a list of the types of commercially available 
online procurement services used by each executive 
agency and the dollar value of the procurements con-
ducted through each type of commercially available 
online procurement service; and 
(3) the Administrator’s recommendations for 
further encouraging the use of commercially avail-
able online procurement services, particularly those 
that afford the Federal Government the opportunity 
to conduct reverse auctions. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘commercially available online 
procurement services’’, with respect to procurement 
by executive agencies, includes reverse auctions and
other services accessible on the Internet that allow 
executive agencies to purchase commercial items 
from electronic catalogs and offerors to bid for deliv-
ery orders of such items. 
(2) The term ‘‘reverse auction’’, with respect to 
procurement by executive agencies, means a method 
of soliciting offers on the Internet for commercial 
items, not including construction-related services, in 
which— 
(A) firms compete against each other on 
the Internet in real time and in an open and 
interactive environment; and 
(B) each firm’s identity and pricing are 
safeguarded. 
(3) The term ‘‘Federal Acquisition Regulation’’ 
means the single Government-wide procurement reg-
ulation issued in accordance with sections 6 and 25 
of the Office of Federal Procurement Policy Act (41 
U.S.C. 405 and 421). 
(4) The terms ‘‘executive agency’’, ‘‘commercial 
item’’, and ‘‘procurement’’ have the meanings pro-
vided those terms in section 4 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403 et 
seq.).
SEC. 105. EXTENSION OF DEADLINE FOR REPORT FROM 
STATUTORY AND REGULATORY ADVISORY 
PANEL. 
Subsection (d) of section 1423 of the Services Acqui-
sition Reform Act of 2003 (Public Law 108–136; 41 
U.S.C. 405 note) is amended by striking ‘‘one year’’ and 
inserting ‘‘two years’’. 
SEC. 106. ADJUSTMENT OF COST ACCOUNTING STANDARD 
THRESHOLD. 
Section 26(f)(2)(A) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 422(f)(A)) is amended by 
striking ‘‘$500,000’’ and inserting ‘‘$550,000’’. 
SEC. 107. USE OF FEDERAL SUPPLY SCHEDULES BY STATE 
AND LOCAL GOVERNMENTS FOR GOODS AND 
SERVICES FOR DEFENSE AGAINST OR RECOV-
ERY FROM TERRORISM OR NUCLEAR, BIO-
LOGICAL, CHEMICAL, OR RADIOLOGICAL AT-
TACK. 
(a) AUTHORITY TO USE SUPPLY SCHEDULES FOR 
CERTAIN GOODS AND SERVICES.—Section 502 of title 40, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(d) USE
OF SUPPLY SCHEDULES
FOR CERTAIN 
GOODS AND SERVICES.—
‘‘(1) IN
GENERAL.—The Administrator may 
provide for the use by State or local governments of
Federal supply schedules of the General Services Ad-
ministration for goods and services that are used to 
facilitate defense against or recovery from terrorism 
or nuclear, biological, chemical, or radiological at-
tack. 
‘‘(2) 
DETERMINATION
BY
SECRETARY
OF 
HOMELAND SECURITY.—The Secretary of Homeland 
Security shall determine which goods and services 
qualify as goods and services described in paragraph 
(1) before the Administrator provides for the use of 
the Federal supply schedule relating to such goods 
and services. 
‘‘(3) VOLUNTARY USE.—In the case of the use 
by a State or local government of a Federal supply 
schedule pursuant to paragraph (1), participation by 
a firm that sells to the Federal Government through 
the supply schedule shall be voluntary with respect 
to a sale to the State or local government through 
such supply schedule. 
‘‘(4) DEFINITIONS.—The definitions in sub-
section (c)(3) shall apply for purposes of this sec-
tion.’’. 
(b) PROCEDURES.—Not later than 30 days after the 
date of the enactment of this Act, the Administrator of 
General Services shall establish procedures to implement
section 502(d) of title 40, United States Code (as added 
by subsection (a). 
SEC. 108. UNIFORM PAYMENT STANDARDS FOR CONTRACT 
FINANCING. 
(a) REVISION OF FEDERAL ACQUISITION REGULA-
TION.—Not later than 180 days after the date of the en-
actment of this Act, the Federal Acquisition Regulation 
shall be revised to establish payment terms for contract 
financing payments that are not otherwise subject to other 
laws governing payment terms. The revisions shall provide 
that—
(1) all contract financing payments be made by 
the agency concerned as quickly as practicable; 
(2) to the maximum extent practicable, contract 
financing payments be made within 14 days after re-
ceipt and approval of an invoice by a government of-
ficial; and 
(3) in determining the appropriate payment 
terms for a contract, an agency should consider—
(A) geographical separation; 
(B) workload; 
(C) contractor ability to submit a proper 
request for payment; and 
(D) other factors that could affect timing 
of payment.
(b) DEFINITIONS.—In this section: 
(1) FEDERAL ACQUISITION REGULATION.—The 
term ‘‘Federal Acquisition Regulation’’ means the 
single 
Government-wide 
procurement 
regulation 
issued in accordance with sections 6 and 25 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 
405 and 421). 
(2) CONTRACT
FINANCING
PAYMENT.—The 
term ‘‘contract financing payment’’—
(A) means an authorized Government dis-
bursement of monies to a contractor before ac-
ceptance of supplies or services by the Govern-
ment; 
(B) includes—
(i) advance payments; 
(ii) performance-based payments; 
(iii) commercial advance and interim 
payments; 
(iv) progress payments based on cost; 
(v) progress payments based on a per-
centage or state of completion; and 
(vi) interim payments under a cost re-
imbursement contract; and 
(C) does not include—
(i) invoice payments;
(ii) payments for partial deliveries; or 
(iii) lease and rental payments. 
TITLE II—CONTRACT DISPUTE 
ENHANCEMENT 
Subtitle A—General Provisions 
SEC. 211. 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—
‘‘(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: 
‘‘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. 221. 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.’’. 
SEC. 222. MEMBERSHIP. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 211, is further 
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. 
‘‘(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. 
‘‘(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. 223. CHAIRMEN. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 222, is further 
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-
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. 
‘‘(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. 224. RULEMAKING AUTHORITY. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 223, is further 
amended by adding at the end the following: 
‘‘SEC. 204. RULEMAKING AUTHORITY. 
‘‘Except as provided by section 252 of the Acquisition 
System Improvement Act, the Chairman of the Defense 
Board and the Chairman of the Civilian Board, in con-
sultation with the Administrator for Federal Procurement 
Policy, shall jointly issue and maintain—
‘‘(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.’’.
SEC. 225. AUTHORIZATION OF APPROPRIATIONS. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 224, is further 
amended by adding at the end the following: 
‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for fiscal 
year 2005 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. 231. CONTRACT DISPUTES. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 225, is further 
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
jurisdiction as provided by section 8(b)(1) of such Act (41 
U.S.C. 607(b)).’’. 
SEC. 232. 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. 233. APPLICABILITY TO CERTAIN CONTRACTS. 
The Office of Federal Procurement Policy Act (41 
U.S.C. 401 et seq.), as amended by section 231, is further 
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.’’.
Subtitle D—Transfers and Transi-
tion, Savings, and Conforming 
Provisions 
SEC. 241. 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 251), 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-
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 251) 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.
(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. 242. TERMINATIONS AND SAVINGS PROVISIONS. 
(a) TERMINATION OF BOARDS OF CONTRACT AP-
PEALS.—Effective on the effective date described in sec-
tion 251, 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 such effective 
date), other than the board of contract appeals of the Ten-
nessee 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 251 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
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. 243. 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—
‘‘(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 221, is further 
amended—
(1) by striking out subsection (c); 
(2) in subsection (d)—
(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
(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. 244. REFERENCES TO AGENCY BOARDS OF CONTRACT 
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
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. 245. 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.—The table of contents for the Office of Federal Pro-
curement Policy Act (contained in section 1(b)) is amend-
ed—
(1) by inserting the following before the item 
relating to section 1:
‘‘TITLE I—FEDERAL PROCUREMENT POLICY GENERALLY’’;
and 
(2) 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. 251. 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. 252. 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—
(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. 
SEC. 253. APPOINTMENT OF CHAIRMEN OF DEFENSE 
BOARD AND CIVILIAN BOARD. 
Notwithstanding section 251, 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.
Æ