[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4092 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4092

  To amend title 10, United States Code, to implement a limitation on 
  contracting for supplies needed for the Department of the Army for 
certain workload activities at arsenals of the Department of the Army, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2024

 Mr. Durbin (for himself, Mr. Grassley, and Ms. Duckworth) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to implement a limitation on 
  contracting for supplies needed for the Department of the Army for 
certain workload activities at arsenals of the Department of the Army, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arsenal Workload Sustainment Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States has a long and proud history of 
        manufacturing defense products.
            (2) Factories and arsenals of the Department of the Army 
        that are owned and operated by the United States Government are 
        a critical component of the organic industrial base.
            (3) The 2023 National Defense Industrial Strategy 
        recognizes the need of the Department of Defense to more 
        strategically utilize the organic industrial base in order to 
        maintain a competitive military advantage.
            (4) Sufficient workload at arsenals of the Department of 
        the Army that are owned and operated by the United States 
        Government ensure cost efficiency and technical competence in 
        peacetime, while preserving the ability to provide an effective 
        and timely response to mobilizations, national defense 
        contingency situations, and other emergency requirements.

SEC. 3. LIMITATION ON CONTRACTING FOR SUPPLIES NEEDED FOR THE 
              DEPARTMENT OF THE ARMY FOR CERTAIN WORKLOAD ACTIVITIES.

    (a) In General.--Section 7532 of title 10, United States Code, is 
amended--
            (1) by striking ``The Secretary of the Army'' and inserting 
        ``(a) In General.--The Secretary of the Army''; and
            (2) by adding at the end the following new subsection:
    ``(b) Treatment of Workload Activities.--
            ``(1) Percentage limitation.--Not more than 50 percent of 
        the funds made available in a fiscal year for a military 
        department or a Defense Agency for workload activities pursuant 
        to subsection (a) may be used to contract for the performance 
        by non-United States Government personnel of such workload for 
        that military department or Defense Agency.
            ``(2) Amounts for activities by employees of department of 
        defense.--
                    ``(A) In general.--Any funds made available in a 
                fiscal year to a military department or a Defense 
                Agency for workload activities pursuant to subsection 
                (a) that are not used for a contract described in 
                paragraph (1) shall be used for the performance of 
                those activities by employees of the Department of 
                Defense.
                    ``(B) Treatment of public-private partnerships.--
                Workload activities conducted pursuant to subsection 
                (a) under a public-private partnership shall be deemed 
                to be activities performed by employees of the 
                Department of Defense for purposes of subparagraph (A).
            ``(3) Waiver of limitation.--
                    ``(A) In general.--The Secretary of Defense may 
                waive the limitation under paragraph (1) for a fiscal 
                year if the Secretary determines that the waiver is 
                necessary for reasons of national security.
                    ``(B) Effect.--A waiver under subparagraph (A) 
                shall not take effect until the date that is 30 days 
                after the Secretary submits to the congressional 
                defense committees a notification of the determination 
                under such subparagraph, together with a justification 
                for the determination.
            ``(4) Preferences for public-private partnerships in source 
        selection process.--
                    ``(A) In general.--The Secretary shall give 
                preference to a non-public partner who has entered into 
                a public-private partnership under section 2474 of this 
                title in the source selection process if such partner 
                uses an arsenal of the Department of the Army that is 
                owned and operated by the United States Government as a 
                partner in any type of contractual agreement with the 
                United States Government to conduct workload activities 
                pursuant to subsection (a), by adding 20 percent to the 
                price of any offer that does not use an arsenal of the 
                Department of the Army that is owned and operated by 
                the United States Government as a partner in its bid.
                    ``(B) Non-public partner defined.--In this 
                subparagraph, the term `non-public partner' means a 
                corporation, individual, university, or nonprofit 
                organization.
            ``(5) Conformance.--The establishment of sustained workload 
        conducted under subsection (a) shall be consistent with the 
        requirement under paragraph (1) and shall be performed 
        consistent with following:
                    ``(A) The technical proficiencies set forth under 
                section 2474(a) or 4841 of this title.
                    ``(B) Fragility and criticality assessments of the 
                Army.''.
    (b) Conforming Amendment.--Section 7544(c) of title 10, United 
States Code, is amended, in the matter preceding paragraph (1), by 
striking ``may be carried out at an Army industrial facility under a 
cooperative arrangement entered into under subsection (a) only under 
the following conditions'' and inserting ``is presumptively and 
conditionally approved to be carried out at an Army industrial facility 
under a cooperative arrangement entered into under subsection (a) 
unless it is demonstrated that the following conditions are not met''.
    (c) Annual Report.--
            (1) In general.--On and after the date of the enactment of 
        this Act, the Secretary of Defense shall submit to the 
        appropriate congressional committees, with the budget of the 
        President submitted under section 1105(a) of title 31, United 
        States Code, for a fiscal year a report that details the 
        following:
                    (A) An outlook of expected workload at each arsenal 
                of the Department of the Army that is owned and 
                operated by the United States Government during the 
                period covered by the future-years defense program 
                submitted to Congress under section 221 of title 10, 
                United States Code.
                    (B) A breakout, by relevant budget accounts, of 
                workload that was achieved in the prior fiscal year, 
                whether directly or through public-private 
                partnerships.
                    (C) The capital investments required to be made at 
                each arsenal of the Department of the Army that is 
                owned and operated by the United States Government in 
                order to ensure compliance and operational capacity.
            (2) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services and the 
                Subcommittee on Defense of the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Subcommittee on Defense of the Committee on 
                Appropriations of the House of Representatives.
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