477
‘‘(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:
478
‘‘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.’’.
479
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.
480
‘‘(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.
481
‘‘(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-
482
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.