HR 5013 RFS
SEC. 409. 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 do-
mestic 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 manufactur-
ers in the United States that violate labor standards 
as defined under the laws of the United States. 
SEC. 410. 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: 
‘‘§ 188. Industrial Base Council 
‘‘(a) COUNCIL ESTABLISHED.—There is in the De-
partment 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, in-
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cluding matters pertaining to the national defense tech-
nology 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 mat-
ters and who shall report directly to the Under Sec-
retary or the Principal Deputy Under Secretary. 
‘‘(3) Officials from within the Office of the Sec-
retary 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 inte-
gration. 
‘‘(D) Services. 
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‘‘(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 depart-
ment, 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 Sec-
retary on budget matters pertaining to the industrial 
base. 
‘‘(4) Providing recommendations to the Sec-
retary on supply chain management and supply 
chain vulnerability. 
‘‘(5) Providing input on industrial base matters 
to defense acquisition policy guidance. 
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