[Congressional Record Volume 158, Number 65 (Wednesday, May 9, 2012)]
[Senate]
[Pages S3045-S3046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Boozman, Mrs. Gillibrand, Mr. 
        Grassley, Mr. Harkin, Mr. Kirk, Mr. Pryor, and Mr. Schumer):
  S. 3054. A bill to provide strategic workload to Army arsenals in 
their function as a critical component of the organic defense 
industrial base; to the Committee on Armed Services.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page S3046]]

                                S. 3054

       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 ``Army Arsenal Strategic 
     Workload Enhancement Act of 2012''.

     SEC. 2. DEPARTMENT OF DEFENSE USE OF ARSENALS.

       (a) In General.--Chapter 143 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec.  2425. Department of Defense use of arsenals

       ``(a) In General.--The Secretary of Defense shall develop 
     and promulgate measurable and enforceable guidelines for the 
     Department of Defense, defense agencies, and the military 
     services to have supplies, components, end items, parts, 
     assemblies, and sub-assemblies made in factories or arsenals 
     owned by the United States, to the extent those factories or 
     arsenals can make those supplies, components, end items, 
     parts, assemblies, and sub-assemblies on an economical basis 
     while preserving the ability to provide an effective and 
     timely response to mobilizations, national defense 
     contingency situations, and other emergency requirements.
       ``(b) Determination of Economical Basis.--For purposes of 
     determining whether supplies, components, end items, parts, 
     assemblies, and sub-assemblies can be made on an `economical 
     basis' under subsection (a), the Secretary of Defense shall 
     analyze the direct costs associated with the manufacture of 
     such supplies, components, end items, parts, assemblies, and 
     sub-assemblies. If an analysis is not performed, the 
     Secretary of Defense or the relevant defense agency or 
     military service shall promptly report to the congressional 
     defense committees the justification for not performing an 
     analysis.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2425. Department of Defense use of arsenals.''.

     SEC. 3. ASSIGNMENT OF WORKLOAD AT ARMY FACTORIES AND 
                   ARSENALS.

       (a) In General.--Section 4532 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec.  4532. Assignment of workload at Army factories and 
       arsenals

       ``(a) Assignment of Workload.--(1) The Secretary of the 
     Army shall assign Government-owned and Government-operated 
     Department of the Army factories and arsenals sufficient 
     workload to 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.
       ``(2) At a minimum, workload may be derived from 
     manufacturing of supplies, components, parts, systems, 
     subsystems, and foreign military sales.
       ``(3) The Secretary of the Army shall develop and 
     promulgate guidelines to make the arsenals available to the 
     Department of Defense, defense agencies, and military 
     services for procurement of supplies, components, parts, 
     systems, and subsystems.
       ``(b) Waiver Authority.--(1) The Secretary of the Army may 
     waive the requirement under subsection (a)(1) if such a 
     waiver is necessary for the national defense.
       ``(2) A waiver under paragraph (1) shall not take effect 
     until 30 days after the Secretary submits to the 
     congressional defense committees a notification of the 
     determination, together with the justification for the 
     determination.
       ``(3) The authority to grant a waiver under paragraph (1) 
     may not be delegated.
       ``(c) Annual Arsenal Report.--In 2013 and each year 
     thereafter, not later than 60 days after the date on which 
     the budget of the President for a fiscal year is submitted to 
     Congress, the Secretary of Defense shall submit to Congress a 
     report for the Army identifying, for the relevant fiscal 
     year, each of the following:
       ``(1) The core arsenal manufacturing capability.
       ``(2) The workload required to cost-effectively support the 
     arsenals and the manufacturing capability inherent in these 
     installations.
       ``(3) The Secretary of the Army's performance in 
     maintaining the Department of the Army's factories and 
     arsenals with sufficient workload to ensure affordability and 
     technical competence in peacetime.
       ``(4) The capital investments required to be made in order 
     to ensure compliance and operational capacity.
       ``(d) Comptroller General Review.--The Comptroller General 
     shall review each report required under subsection (c) for 
     completeness and compliance and provide findings and 
     recommendations to the congressional defense committees not 
     later than 60 days after the report is submitted to 
     Congress.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 433 of title 10, United States Code, is 
     amended by striking the item relating to section 4532 and 
     inserting the following new item:

``4532. Assignment of workload at Army factories and arsenals.''.

     f  (c) Initial Workload Plan Report.--The first report 
     required under subsection (c) of section 4532 of title 10, 
     United States Code, as amended by subsection (a), shall be 
     submitted not later than 180 days after the date of the 
     enactment of this Act.

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