[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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