[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''.
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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.
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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.
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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)''.
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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).''.
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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,''.
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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.
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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.''.
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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.