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[House Report 111-467]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-467

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5013) TO AMEND TITLE 10, 
   UNITED STATES CODE, TO PROVIDE FOR PERFORMANCE MANAGEMENT OF THE 
           DEFENSE ACQUISITION SYSTEM, AND FOR OTHER PURPOSES

                                _______
                                

   April 27, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Ms. Slaughter, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1300]

    The Committee on Rules, having had under consideration 
House Resolution 1300, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5013, the 
``Implementing Management for Performance and Related Reforms 
to Obtain Value in Every Acquisition Act of 2010,'' under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Armed Services.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the amendment 
in the nature of a substitute recommended by the Committee on 
Armed Services shall be considered as an original bill for the 
purpose of amendment and shall be considered as read. The 
resolution waives all points of order against the amendment in 
the nature of a substitute except those arising under clause 10 
of rule XXI. This waiver does not affect the point of order 
available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The resolution further makes in order only those amendments 
printed in this report. The amendments made in order may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. All 
points of order against the amendments are waived except those 
arising under clause 9 or 10 of rule XXI. The resolution 
provides one motion to recommit with or without instructions.
    The resolution provides that the Chair may entertain a 
motion that the Committee rise only if offered by the chair of 
the Committee on Armed Services or a designee. Finally, the 
resolution provides that the Chair may not entertain a motion 
to strike out the enacting words of the bill.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill (except those arising under clause 9 
or 10 of rule XXI) and all points of order against the 
amendment in the nature of a substitute (except those arising 
under clause 10 of rule XXI), the Committee is not aware of any 
points of order. The waivers are prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 406

    Date: April 27, 2010.
    Measure: H.R. 5013.
    Motion by: Mr. Dreier.
    Summary of motion: To report an open rule.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Skelton (MO): Would make various technical corrections 
to the bill. It also would provide that nothing in contracts 
for military purpose non-developmental items shall restrict or 
otherwise affect the rights in technical data of the 
Government, the contractor, or any subcontractor for items 
developed by the contractor or subcontractor exclusively at 
private expense. (10 minutes)
    2. Sessions (TX): Would provide that nothing in the Act or 
amendments made by it shall be construed to affect the 
competition requirements of 10 U.S.C. 2304 (contract 
competition requirements). (10 minutes)
    3. Hastings, Alcee (FL): Would support a diverse workforce 
development program with respect to career development for 
civilian and military personnel in the acquisition workforce. 
(10 minutes)
    4. Hall, John (NY): Would require the Director of the 
Office of Performance Assessment and Root Cause Analysis 
(``PARCA'') to include performance assessments with significant 
findings in its annual report. It also requires submission of 
egregious problems (as defined by the PARCA Director) to the 
Armed Services Committees. (10 minutes)
    5. Edwards, Donna (MD): Would direct the DOD to engage in 
outreach to businesses in the vicinity of DOD installations to 
notify them of opportunities to obtain contracts and 
subcontracts to perform work at such installations. (10 
minutes)
    6. Moore, Gwen (WI): Would specify that assessment metrics 
required to measure contractor performance include ``compliance 
of such contractors with department policy regarding the use of 
certain small businesses.'' (10 minutes)
    7. Murphy, Christopher (CT): Would specify that Title IV 
assistance in the legislation (Expansion of the Industrial 
Base) be limited to firms within the national technology and 
industrial base, as defined in section 2500(1) of title 10, 
United States Code. (10 minutes)
    8. Quigley (IL), Giffords (AZ), Bartlett (MD): Would 
include energy efficiency as one of the metrics that may be 
used in performance assessment of defense acquisitions, and 
would include energy efficiency of weapons systems as one of 
the items considered in the Secretary of Defense's review of 
defense acquisition guidance. (10 minutes)
    9. Quigley (IL): Would direct the Cost Assessment and 
Program Evaluation (CAPE) in its next report to Congress to (1) 
assess whether and to what extent program cost estimators for 
major defense acquisition programs are independent and (2) 
whether a lack of independence affects their ability to 
generate reliable cost estimates. (10 minutes)
    10. Schrader (OR): Would prohibit the award of contracts 
for personal services by any DOD component for the purpose of 
obtaining the services of a senior mentor. Nothing would 
prohibit DOD from hiring retired generals and flag officers as 
``senior mentors'' under the highly qualified expert provision 
of 5 U.S.C. section 9903 with additional financial disclosure 
and conflict of interest requirements in place. (10 minutes)
    11. Connolly (VA): Would create an Industrial Base Council 
within the DOD, supported by existing personnel and funds, to 
provide recommendations to the Secretary on budget and policy 
matters related to the industrial base. Would require an annual 
report to Congress on the Council's activities. (10 minutes)
    12. Childers (MS): Would ensure that training courses for 
acquisition personnel include market research strategies to 
ensure that the surrounding market is considered during the 
contracting process. (10 minutes)
    13. Dahlkemper (PA): Would direct the Secretary of Defense 
to carry out a program providing for cost savings on non-
developmental items by allowing a contracting officer to make 
an award for an existing contract to an entity submitting a new 
proposal that provides for a savings of greater than 15%, 
provided that doing so does not constitute a breach of 
contract. (10 minutes)
    14. Kissell, Larry (NC), Michaud (ME): Would require GAO to 
do a study of the items purchased under 37 U.S.C. section 418, 
and determine if there is sufficient domestic production of 
such items to adequately supply members of the Armed Forces. 
Would then require DOD to provide to the House Armed Services 
Committee, within 6 months of receiving the GAO 
recommendations, an evaluation of whether items purchased under 
section 418 of title 37 should be covered under the Berry 
Amendment. (10 minutes)
    15. Grayson (FL), Hastings, Alcee (FL): Would require DOD 
to give cost at least equal importance in evaluating 
competitive proposals for Federal contracts versus other 
factors or explain any waivers of such requirement. (10 
minutes)
    16. Hare (IL): Would declare that it is the sense of 
Congress that the Department of Defense should ensure full 
compliance throughout the acquisition process with the Berry 
Amendment and the Buy American Act. Further, the amendment 
declares the sense of Congress that the Department of Defense 
not procure products made by manufacturers in the United States 
that violate labor standards as defined under the laws of the 
United States. (10 minutes)

                 TEXT OF AMENDMENTS TO BE MADE IN ORDER

   1. An Amendment To Be Offered by Representative Skelton, Ike, of 
           Missouri or His Designee, Debatable for 10 Minutes

  Page 3, in the table of contents, strike the item relating to 
section 107 and insert the following:

Sec. 107. Requirement to include references to services acquisition 
          throughout the Federal Acquisition Regulation.

  Page 4, after line 12, strike the items relating to sections 
2545 and 2546 and insert the following:

``2545. Performance assessments of the defense acquisition system.
``2546. Audits of performance assessments.

  Page 5, line 1, strike ``assessment'' and insert 
``assessments''.
  Page 8, line 12, strike ``analysis'' and insert ``Analysis''.
  Page 11, line 1, strike ``assessment'' and insert 
``assessments''.
  Page 16, line 9, strike ``System'' and insert ``Systems''.
  Page 26, line 10, insert ``primarily'' after ``guidance''.
  Page 27, line 22, strike ``CONTRACTING'' and insert 
``ACQUISITION''.
  Page 28, line 14, strike ``contracting'' and insert 
``acquisition''.
  Page 28, lines 15 and 16, strike ``contracting'' and insert 
``acquisition''.
  Page 29, beginning on line 8, strike ``and for which'' and 
all that follows through ``title'' on line 10.
  Page 30, insert after line 5 the following:
          ``(4) Nothing in the contract shall further restrict 
        or otherwise affect the rights in technical data of the 
        Government, the contractor, or any subcontractor of the 
        contractor for items developed by the contractor or any 
        such subcontractor exclusively at private expense, as 
        prescribed in regulations implementing section 
        2320(a)(2)(B) of this title.
  Page 69, line 17, strike ``of the risk'' and insert ``of 
risk''.
  Page 73, line 12, strike ``contract'' and insert ``program''.
                              ----------                              

  2. An Amendment To Be Offered by Representative Sessions, Pete, of 
            Texas or His Designee, Debatable for 10 Minutes

  At the end of title IV, add the following new section:

SEC. 407. CONSTRUCTION OF ACT ON COMPETITION REQUIREMENTS FOR THE 
                    ACQUISITION OF SERVICES.

   Nothing in this Act or the amendments made by this Act shall 
be construed to affect the competition requirements of section 
2304 of title 10, United States Code, with respect to the 
acquisition of services.
                              ----------                              

  3. An Amendment To Be Offered by Representative Hastings, Alcee, of 
           Florida or His Designee, Debatable for 10 Minutes

  Page 44, after line 17, insert the following:
          ``(5) A deliberate workforce development strategy 
        that ensures diversity in promotion, advancement, and 
        experiential opportunities commensurate with the 
        general workforce outlined in this section.
                              ----------                              

4. An Amendment To Be Offered by Representative Hall, John, of New York 
               or His Designee, Debatable for 10 Minutes

  Page 9, after line 22, insert the following:
  ``(f) Inclusion in Annual Report.--The Director of the Office 
of Performance Assessment and Root Cause Analysis shall include 
information on the activities undertaken by the Director under 
this section in the annual report of the Director required 
under section 103(f) of the Weapon Systems Acquisition Reform 
Act of 2009 (Public Law 111-23; 123 Stat. 1716), including 
information on any performance assessment required by 
subsection (a) with significant findings. In addition, if a 
performance assessment uncovers particularly egregious 
problems, as identified by the Director, the Director shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on such problems within 
30 days after the problems are identified.
  Page 9, line 23, strike ``(f)'' and insert ``(g)''.
                              ----------                              

  5. An Amendment To Be Offered by Representative Edwards, Donna, of 
           Maryland or Her Designee, Debatable for 10 Minutes

  Page 61, line 3, strike ``(c)'' and insert ``(d)''.
  Page 61, line 8, strike ``(d)'' and insert ``(e)''.
  Page 61, insert after line 2 the following new subsection:
  (c) Outreach to Local Firms Near Defense Installations.--The 
program established under subsection (a) shall include 
outreach, using procurement technical assistance centers, to 
notify firms of all business sizes in the vicinity of 
Department of Defense installations of opportunities to obtain 
contracts and subcontracts to perform work at such 
installations.
  Page 61, insert after line 18 the following new paragraph:
          (3) Procurement technical assistance center.--The 
        term ``procurement technical assistance center'' means 
        a center operating under a cooperative agreement with 
        the Defense Logistics Agency to provide procurement 
        technical assistance pursuant to the authority provided 
        in chapter 142 of title 10, United States Code.
                              ----------                              

    6. An Amendment To Be Offered by Representative Moore, Gwen, of 
          Wisconsin or Her Designee, Debatable for 10 Minutes

  Page 6, line 21, insert after ``performance'' the following: 
``, including compliance with the Department of Defense policy 
regarding the participation of small business concerns owned 
and controlled by socially and economically disadvantaged 
individuals, veteran-owned small businesses, service-disabled, 
veteran-owned small businesses, and women-owned small 
businesses''.
                              ----------                              

7. An Amendment To Be Offered by Representative Murphy, Christopher, of 
         Connecticut or His Designee, Debatable for 10 Minutes

  Page 60, line 19, insert after the period the following: 
``The program shall be limited to firms within the national 
technology and industrial base (as defined in section 2500(1) 
of title 10, United States Code).''.
                              ----------                              

   8. An Amendment To Be Offered by Representative Quigley, Mike, of 
           Illinois or His Designee, Debatable for 10 Minutes

  Page 7, line 4, insert after ``sustainment'' the following: 
``and energy efficiency''.
  Page 26, line 15, insert ``and energy efficiency'' after 
``sustainment''.
                              ----------                              

   9. An Amendment To Be Offered by Representative Quigley, Mike, of 
           Illinois or His Designee, Debatable for 10 Minutes

  Page 17, after line 8, insert the following:
  (c) Assessment of Independence of Cost Estimators and Cost 
Analysts Required in Next Annual Report on Cost Assessment 
Activities.--In the next annual report prepared by the Director 
of Cost Assessment and Program Evaluation under section 2334(e) 
of title 10, United States Code, the Director shall include an 
assessment of whether and to what extent personnel responsible 
for cost estimates or cost analysis developed by a military 
department or defense agency for a major defense acquisition 
program are independent and whether their independence or lack 
thereof affects their ability to generate reliable cost 
estimates.

  10. An Amendment To Be Offered by Representative Schrader, Kurt, of 
            Oregon or His Designee, Debatable for 10 Minutes

    At the end of title II, add the following new section:

SEC. 210. PROHIBITION ON PERSONAL SERVICES CONTRACTS FOR SENIOR 
                    MENTORS.

  (a) Prohibition.--The Secretary of Defense shall prohibit the 
award of a contract for personal services by any component of 
the Department of Defense for the purpose of obtaining the 
services of a senior mentor.
  (b) Interpretation.--Nothing in this section shall be 
interpreted to prohibit the employment of a senior mentor as a 
highly qualified expert pursuant to section 9903 of title 5, 
United States Code, subject to the pay and term limitations of 
that section. A senior mentor employed as a highly qualified 
expert shall be required to submit a financial disclosure 
report and comply with all conflict of interest laws and 
regulations applicable to other Federal employees with similar 
conditions of service.
  (c) Definitions.--In this section:
          (1) The term ``contract for personal services'' means 
        a contract awarded under the authority of section 
        129b(a) of title 10, United States Code, or section 
        3109 of title 5, United States Code.
          (2) The term ``component of the Department of 
        Defense'' means a military department, a defense 
        agency, a Department of Defense field activity, a 
        unified combatant command, or the joint staff.
          (3) The term ``senior mentor'' means any person--
                  (A)(i) who has served as a general or flag 
                officer in the Armed Forces; or
                  (ii) who has served in a position at a level 
                at or above the level of the senior executive 
                service;
                  (B) has retired within the 10 years preceding 
                the award of a contract; and
                  (C) who serves as a mentor, teacher, trainer, 
                or advisor to government personnel on matters 
                pertaining to the former official duties of 
                such person.
                              ----------                              

 11. An Amendment To Be Offered by Representative Connolly, Gerald, of 
           Virginia or His Designee, Debatable for 10 Minutes

  At the end of title IV, add the following new section:

SEC. 407. INDUSTRIAL BASE COUNCIL AND FUND.

  (a) Industrial Base Council.--
          (1) In general.--Chapter 7 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:

``Sec. 188. Industrial Base Council

  ``(a) Council Established.--There is in the Department of 
Defense an Industrial Base Council.
  ``(b) Mission.--The mission of the Industrial Base Council is 
to assist the Secretary in all matters pertaining to the 
industrial base of the Department of Defense, including matters 
pertaining to the national defense technology and industrial 
base included in chapter 148 of this title.
  ``(c) Membership.--The following officials of the Department 
of Defense shall be members of the Council:
          ``(1) The Chairman of the Council, who shall be the 
        Under Secretary of Defense for Acquisition, Technology, 
        and Logistics, the functions of which may be delegated 
        by the Under Secretary only to the Principal Deputy 
        Under Secretary of Defense for Acquisition, Technology, 
        and Logistics.
          ``(2) The Executive Director of the Council , who 
        shall be an official from within the Office of the 
        Under Secretary responsible for industrial base matters 
        and who shall report directly to the Under Secretary or 
        the Principal Deputy Under Secretary.
          ``(3) Officials from within the Office of the 
        Secretary of Defense, as designated by the Secretary, 
        with direct responsibility for matters pertaining to 
        following areas:
                  ``(A) Manufacturing.
                  ``(B) Research and development.
                  ``(C) Systems engineering and system 
                integration.
                  ``(D) Services.
                  ``(E) Information Technology.
                  ``(F) Sustainment and logistics.
          ``(4) The Director of the Defense Logistics Agency.
          ``(5) Officials from the military departments, as 
        designated by the Secretary of each military 
        department, with responsibility for industrial base 
        matters relevant to the military department concerned.
  ``(d) Duties.--The Council shall assist the Secretary in the 
following:
          ``(1) Providing input on industrial base matters to 
        strategy reviews, including quadrennial defense reviews 
        performed pursuant to section 118 of this title.
          ``(2) Managing the industrial base.
          ``(3) Providing recommendations to the Secretary on 
        budget matters pertaining to the industrial base.
          ``(4) Providing recommendations to the Secretary on 
        supply chain management and supply chain vulnerability.
          ``(5) Providing input on industrial base matters to 
        defense acquisition policy guidance.
          ``(6) Issuing and revising the Department of Defense 
        technology and industrial base guidance required by 
        section 2506 of this title.
          ``(7) Such other duties as are assigned by the 
        Secretary.
  ``(e) Reporting of Activities.--The Secretary shall include a 
section describing the activities of the Council in the annual 
report to Congress required by section 2505 of this title.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:

``188. Industrial Base Council.''.

  (b) Industrial Base Fund.--
          (1) In general.--Chapter 148 of title 10, United 
        States Code, is amended by adding at the end the 
        following new section:

``Sec. 2508. Industrial Base Fund

  ``(a) Establishment.--The Secretary of Defense shall 
establish an Industrial Base Fund (in this section referred to 
as the `Fund').
  ``(b) Control of Fund.--The Fund shall be under the control 
of the Industrial Base Council established pursuant to section 
188 of this title.
  ``(c) Amounts in Fund.--The Fund shall consist of amounts 
appropriated or otherwise made available to the Fund.
  ``(d) Use of Fund.--Subject to subsection (e), the Fund shall 
be used--
          ``(1) to support the monitoring and assessment of the 
        industrial base required by this chapter;
          ``(2) to address critical issues in the industrial 
        base relating to urgent operation needs;
          ``(3) to support efforts to expand the industrial 
        base; and
          ``(4) to address supply chain vulnerabilities.
  ``(e) Use of Fund Subject to Appropriations.--The authority 
of the Secretary of Defense to use the Fund under this section 
in any fiscal year is subject to the availability of 
appropriations for that purpose.
  ``(f) Expenditures.--The Secretary shall establish procedures 
for expending monies in the Fund in support of the uses 
identified in subsection (d), including the following:
          ``(1) Direct obligations from the Fund.
          ``(2) Transfers of monies from the Fund to relevant 
        appropriations of the Department of Defense.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:

``2508. Industrial Base Fund.''.
                    ____________________________________________________

 12. An Amendment To Be Offered by Representative Childers, Travis, of 
         Mississippi or His Designee, Debatable for 10 Minutes

  Page 48, line 21, insert ``market research strategies 
(including assessments of local contracting capabilities),'' 
after ``services contracting,''.
                              ----------                              

13. An Amendment To Be Offered by Representative Dahlkemper, Kathleen, 
       of Pennsylvania or Her Designee, Debatable for 10 Minutes

  At the end of title IV, add the following new section:

SEC. 407. ACQUISITION SAVINGS PROGRAM.

  (a) Program Required.--
          (1) In general.--The Secretary of Defense, acting 
        through the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics, shall carry out a program to 
        provide opportunities to provide cost-savings on 
        nondevelopmental items.
          (2) Savings.--The program, to be known as the 
        Acquisition Savings Program, shall provide any person 
        or activity within or outside the Department of Defense 
        with the opportunity to offer a proposal to provide 
        savings in excess of 15 percent, to be known as an 
        acquisition savings proposal, for covered contracts.
          (3) Sunset.--The program shall cease to be required 
        on September 30, 2013.
  (b) Qualifying Acquisition Savings Proposals.--A proposal 
shall qualify as an acquisition savings proposal for purposes 
of this section if it offers to supply a nondevelopmental item 
that is identical to, or equivalent to (under a performance 
specification or relevant commercial standard), an item being 
procured under a covered contract.
  (c) Review by Contracting Officer.--Each acquisition savings 
proposal shall be reviewed by the contracting officer for the 
covered contract concerned to determine if such proposal 
qualifies under this section and to calculate the savings 
provided by such proposal.
  (d) Actions Upon Favorable Review.--If the contracting 
officer for a covered contract determines after review of an 
acquisition savings proposal that the proposal would provide an 
identical or equivalent nondevelopmental item at a savings in 
excess of 15 percent, and that a contract award to the offeror 
of the proposal would not result in the violation of a minimum 
purchase agreement or otherwise cause a breach of contract for 
the covered contract, the contracting officer may make an award 
under the covered contract to the offeror of the acquisition 
savings proposal or otherwise award a contract for the 
nondevelopmental item concerned to such offeror.
  (e) Actions Upon Unfavorable Review.--If a contracting 
officer determines after review of an acquisition savings 
proposal that the proposal would not satisfy the requirements 
of this section, the contracting officer shall debrief the 
person or activity offering such proposal within 30 days after 
completion of the review.
  (f) Report.--Not later than March 1, 2013, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report regarding the 
program, including the number of acquisition savings proposals 
submitted, the number favorably reviewed, the cumulative 
savings, and any further recommendations for the program.
  (g) Definitions.--In this section:
          (1) Nondevelopmental item.--The term 
        ``nondevelopmental item'' has the meaning provided for 
        such term in section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403).
          (2) Covered contract.--The term ``covered 
        contract''--
                  (A) means an indefinite delivery indefinite 
                quantity contract for property as defined in 
                section 2304d(2) of title 10, United States 
                Code; and
                  (B) does not include any contract awarded 
                under an exception to competitive acquisition 
                authorized by the Small Business Act (15 U.S.C. 
                631 et seq.)
          (3) Performance specification.--The term 
        ``performance specification'' means a specification of 
        required item functional characteristics.
          (4) Commercial standard.--The term ``commercial 
        standard'' means a standard used in industry 
        promulgated by an accredited standards organizations 
        that is not a Federal entity.
                              ----------                              

  14. An Amendment To Be Offered by Representative Kissell, Larry, of 
        North Carolina or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

                         TITLE V--OTHER MATTERS

SEC. 501. CLOTHING ALLOWANCE REQUIREMENT.

  The Comptroller General shall conduct a study of the items 
purchased under section 418 of title 37, United States Code, to 
determine if there is sufficient domestic production of such 
items to adequately supply members of the Armed Forces and 
shall transmit the results of such study to the Secretary of 
Defense. Not later than 6 months after receiving the results of 
such study, the Secretary of Defense shall transmit to the 
Committees on Armed Services of the Senate and the House of 
Representatives an evaluation on whether such items under the 
study should be considered subject to section 2533a of title 
10, United States Code (popularly known as the ``Berry 
Amendment'').
                              ----------                              

  15. An Amendment To Be Offered by Representative Grayson, Alan, of 
           Florida or His Designee, Debatable for 10 Minutes

  At the end of the bill add the following new section:

SEC. 501. REQUIREMENT THAT COST OR PRICE TO THE FEDERAL GOVERNMENT BE 
                    GIVEN AT LEAST EQUAL IMPORTANCE AS TECHNICAL OR 
                    OTHER CRITERIA IN EVALUATING COMPETITIVE PROPOSALS 
                    FOR DEFENSE CONTRACTS.

  (a) Requirement.--Subparagraph (A) of section 2305(a)(3) of 
title 10, United States Code, is amended by striking 
``proposals; and'' at the end of clause (ii) and all that 
follows through the end of the subparagraph and inserting the 
following: ``proposals and that must be assigned importance at 
least equal to all evaluation factors other than cost or price 
when combined.''.
  (b) Waiver.--Section 2305(a)(3) of such title is further 
amended by striking subparagraph (B) and inserting the 
following:
  ``(B) The requirement of subparagraph (A)(ii) relating to 
assigning at least equal importance to evaluation factors of 
cost or price may be waived by the head of the agency. The 
authority to issue a waiver under this subparagraph may not be 
delegated.''.
  (c) Report.--Section 2305(a)(3) of such title is further 
amended by adding at the end the following new subparagraph:
  ``(C) Not later than 180 days after the end of each fiscal 
year, the Secretary of Defense shall submit to Congress, and 
post on a publicly available website of the Department of 
Defense, a report containing a list of each waiver issued by 
the head of an agency under subparagraph (B) during the 
preceding fiscal year.''.
                              ----------                              

    16. An Amendment To Be Offered by Representative Hare, Phil, of 
           Illinois or His Designee, Debatable for 10 Minutes

  At the end of title IV, add the following new section:

SEC. 407. SENSE OF CONGRESS REGARDING COMPLIANCE WITH THE BERRY 
                    AMENDMENT, THE BUY AMERICAN ACT, AND LABOR 
                    STANDARDS OF THE UNITED STATES.

  In order to create jobs, level the playing field for domestic 
manufacturers, and strengthen economic recovery, it is the 
sense of Congress that the Department of Defense should--
          (1) ensure full contractor and subcontractor 
        compliance with the Berry Amendment (10 U.S.C. 2533a) 
        and the Buy American Act (41 U.S.C. 10a et seq.); and
          (2) not procure products made by manufacturers in the 
        United States that violate labor standards as defined 
        under the laws of the United States.

                                  
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