‘‘(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 avail-
ability 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 fol-
lowing: 
‘‘(1) Direct obligations from the Fund. 
‘‘(2) Transfers of monies from the Fund to rel-
evant appropriations of the Department of De-
fense.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2508. Industrial Base Fund.’’. 
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 Sec-
retary of Defense shall transmit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives 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’’). 
SEC. 502. REQUIREMENT THAT COST OR PRICE TO THE 
FEDERAL GOVERNMENT BE GIVEN AT LEAST 
EQUAL 
IMPORTANCE 
AS 
TECHNICAL 
OR 
OTHER CRITERIA IN EVALUATING COMPETI-
TIVE 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 as-
signed 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 fur-
ther amended by striking subparagraph (B) and inserting 
the following: 
‘‘(B) The requirement of subparagraph (A)(ii) relat-
ing 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 sub-
paragraph may not be delegated.’’. 
(c) REPORT.—Section 2305(a)(3) of such title is fur-
ther amended by adding at the end the following new sub-
paragraph: 
‘‘(C) Not later than 180 days after the end of each 
fiscal year, the Secretary of Defense shall submit to Con-
gress, and post on a publicly available website of the De-
partment of Defense, a report containing a list of each
waiver issued by the head of an agency under subpara-
graph (B) during the preceding fiscal year.’’. 
Passed the House of Representatives April 28, 2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 5013 
AN ACT 
To amend title 10, United States Code, to provide 
for performance management of the defense ac-
quisition system, and for other purposes.