[Congressional Record Volume 156, Number 61 (Wednesday, April 28, 2010)]
[Daily Digest]
[Pages D451-D453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 16 public bills, H.R. 5159-
5174; and 2 resolutions, H. Con. Res. 270; and H. Res. 1306 were 
introduced.                                              
  Pages H3013-14
Additional Cosponsors:                                   
  Pages H3014-15
Report Filed: A report was filed today as follows:
  H. Res. 1305, providing for consideration of the bill (H.R. 2499) to 
provide for a federally sanctioned self-determination process for the 
people of Puerto Rico (H. Rept. 111-468).                    
Page H3013

[[Page D452]]

Speaker: Read a letter from the Speaker wherein she appointed 
Representative Israel to act as Speaker pro tempore for today. 
                                                             Page H2939
Suspensions: The House agreed to suspend the rules and pass the 
following measures:
  Improper Payments Elimination and Recovery Act: H.R. 3393, amended, 
to amend the Improper Payments Information Act of 2002 (31 U.S.C. 3321 
note) in order to prevent the loss of billions in taxpayer dollars; 
                                                         Pages H2942-47
  Amending title 39, United States Code, to clarify the instances in 
which the term ``census'' may appear on mailable matter: H.R. 5148, to 
amend title 39, United States Code, to clarify the instances in which 
the term ``census'' may appear on mailable matter;       
  Pages H2947-49
  Authorizing the use of the Capitol Grounds for the National Peace 
Officers' Memorial Service: H. Con. Res. 264, to authorize the use of 
the Capitol Grounds for the National Peace Officers' Memorial Service; 
and                                                      
  Pages H2949-50
  Airport and Airway Extension Act of 2010: H.R. 5147, to amend the 
Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund and to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program.                                     
  Pages H2950-52
Implementing Management for Performance and Related Reforms to Obtain 
Value in Every Acquisition Act of 2010: The House passed H.R. 5013, to 
amend title 10, United States Code, to provide for performance 
management of the defense acquisition system, by a recorded vote of 417 
ayes to 3 noes, Roll No. 230.                            
  Pages H2952-86
  Agreed to the Buyer motion to recommit the bill to the Committee on 
Armed Services with instructions to report the same back to the House 
forthwith with an amendment by a recorded vote of 419 ayes to 1 no, 
Roll No. 229. Subsequently, Representative Skelton reported the bill 
back to the House with the amendment and the amendment was agreed to. 
                                                         Pages H2983-85
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Armed Services now printed in the bill 
shall be considered as an original bill for the purpose of amendment 
under the five-minute rule.                                  
Page H2960
Agreed to:
  Skelton amendment (No. 1 printed in H. Rept. 111-467) that makes 
various technical corrections to the bill. It also provides 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; 
                                                         Pages H2968-69
  Sessions amendment (No. 2 printed in H. Rept. 111-467) that provides 
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);                               
Pages H2969-70
  Andrews amendment (No. 3 printed in H. Rept. 111-467) that supports a 
diverse workforce development program with respect to career 
development for civilian and military personnel in the acquisition 
workforce;                                                   
Page H2970
  Edwards (MD) amendment (No. 5 printed in H. Rept. 111-467) that 
directs 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; 
                                                         Pages H2971-72
  Moore (WI) amendment (No. 6 printed in H. Rept. 111-467) that 
specifies that assessment metrics required to measure contractor 
performance include ``compliance of such contractors with department 
policy regarding the use of certain small businesses''; 
                                                         Pages H2972-73
  Murphy (CT) amendment (No. 7 printed in H. Rept. 111-467) that 
specifies 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;                                             
Pages H2973-74
  Quigley amendment (No. 8 printed in H. Rept. 111-467) that includes 
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;            
Page H2974
  Quigley amendment (No. 9 printed in H. Rept. 111-467) that directs 
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;                                 
Pages H2974-75
  Schrader amendment (No. 10 printed in H. Rept. 111-467) that 
prohibits 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

[[Page D453]]

the highly qualified expert provision of 5 U.S.C. section 9903 with 
additional financial disclosure and conflict of interest requirements 
in place;                                                
Pages H2975-76
  Childers amendment (No. 12 printed in H. Rept. 111-467) that ensures 
that training courses for acquisition personnel include market research 
strategies to ensure that the surrounding market is considered during 
the contracting process;                                 
Pages H2977-78
  Dahlkemper amendment (No. 13 printed in H. Rept. 111-467) that 
directs 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; 
                                                         Pages H2978-79
  Kissell amendment (No. 14 printed in H. Rept. 111-467) that requires 
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. Requires 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;                                         
Pages H2979-80
  Grayson amendment (No. 15 printed in H. Rept. 111-467) that requires 
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;                             
Pages H2980-81
  Hare amendment (No. 16 printed in H. Rept. 111-467) that declares 
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;
                                                         Pages H2981-82
  Hall (NY) amendment (No. 4 printed in H. Rept. 111-467) that requires 
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 (by a recorded vote of 416 ayes with none voting 
``no'', Roll No. 227); and                     
Pages H2970-71, H2982-83
  Connolly (VA) amendment (No. 11 printed in H. Rept. 111-467) that 
creates 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. 
Requires an annual report to Congress on the Council's activities (by a 
recorded vote of 417 ayes to 2 noes, Roll No. 228). 
                                                  Pages H2976-77, H2983
  H. Res. 1300, the rule providing for consideration of the bill, was 
agreed to by voice vote after the previous question was ordered without 
objection.                                               
Pages H2952-54
Quorum Calls--Votes: Four recorded votes developed during the 
proceedings of today and appear on pages H2982-83, H2983, H2985 and 
H2986. There were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 7:14 p.m.