[Congressional Record Volume 170, Number 60 (Tuesday, April 9, 2024)]
[Senate]
[Pages S2671-S2672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Grassley, and Ms. Duckworth):
  S. 4092. 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; to the Committee on Armed Services.

  Mr. DURBIN. Madam 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:

                                S. 4092

       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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