483
‘‘(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.’’.
484
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
485
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.’’.
486
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-
487
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.
488
(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
489
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—
490
‘‘(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)—
491
(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
492
(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
493
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’’.
494
(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—
495
(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.
496
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.
497
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.
498
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-