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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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‘‘(6) Issuing and revising the Department of 
Defense technology and industrial base guidance re-
quired 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 sec-
tion 2505 of this title.’’. 
(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: 
‘‘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: 
‘‘§ 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 pur-
suant to section 188 of this title. 
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‘‘(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.’’. 
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(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 
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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 May 28, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 447 
111TH CONGRESS 
2D SESSION 
H. R. 5136 
AN ACT 
To authorize appropriations for fiscal year 2011 for 
military activities of the Department of Defense, 
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, 
and for other purposes. 
JUNE 28, 2010 
Received; read twice and placed on the calendar 
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