II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arsenal Workload 

5 Sustainment Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4092 IS

1 (1) The United States has a long and proud 

2 history of manufacturing defense products. 

3 (2) Factories and arsenals of the Department 

4 of the Army that are owned and operated by the 

5 United States Government are a critical component 

6 of the organic industrial base. 

7 (3) The 2023 National Defense Industrial 

8 Strategy recognizes the need of the Department of 

9 Defense to more strategically utilize the organic in10 dustrial base in order to maintain a competitive mili11 tary advantage. 

12 (4) Sufficient workload at arsenals of the De13 partment of the Army that are owned and operated 

14 by the United States Government ensure cost effi15 ciency and technical competence in peacetime, while 

16 preserving the ability to provide an effective and 

17 timely response to mobilizations, national defense 

18 contingency situations, and other emergency require19 ments. 

20 SEC. 3. LIMITATION ON CONTRACTING FOR SUPPLIES 

21 NEEDED FOR THE DEPARTMENT OF THE 

22 ARMY FOR CERTAIN WORKLOAD ACTIVITIES. 

23 (a) IN GENERAL.—Section 7532 of title 10, United 

24 States Code, is amended— 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4092 IS

1 (1) by striking ‘‘The Secretary of the Army’’ 

2 and inserting ‘‘(a) IN GENERAL.—The Secretary of 

3 the Army’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(b) TREATMENT OF WORKLOAD ACTIVITIES.— 

7 ‘‘(1) PERCENTAGE LIMITATION.—Not more 

8 than 50 percent of the funds made available in a fis9 cal year for a military department or a Defense 

10 Agency for workload activities pursuant to sub11 section (a) may be used to contract for the perform12 ance by non-United States Government personnel of 

13 such workload for that military department or De14 fense Agency. 

15 ‘‘(2) AMOUNTS FOR ACTIVITIES BY EMPLOYEES

16 OF DEPARTMENT OF DEFENSE.— 

17 ‘‘(A) IN GENERAL.—Any funds made avail18 able in a fiscal year to a military department or 

19 a Defense Agency for workload activities pursu20 ant to subsection (a) that are not used for a 

21 contract described in paragraph (1) shall be 

22 used for the performance of those activities by 

23 employees of the Department of Defense. 

24 ‘‘(B) TREATMENT OF PUBLIC-PRIVATE

25 PARTNERSHIPS.—Workload activities conducted 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4092 IS

1 pursuant to subsection (a) under a public-pri2 vate partnership shall be deemed to be activities 

3 performed by employees of the Department of 

4 Defense for purposes of subparagraph (A). 

5 ‘‘(3) WAIVER OF LIMITATION.— 

6 ‘‘(A) IN GENERAL.—The Secretary of De7 fense may waive the limitation under paragraph 

8 (1) for a fiscal year if the Secretary determines 

9 that the waiver is necessary for reasons of na10 tional security. 

11 ‘‘(B) EFFECT.—A waiver under subpara12 graph (A) shall not take effect until the date 

13 that is 30 days after the Secretary submits to 

14 the congressional defense committees a notifica15 tion of the determination under such subpara16 graph, together with a justification for the de17 termination. 

18 ‘‘(4) PREFERENCES FOR PUBLIC-PRIVATE

19 PARTNERSHIPS IN SOURCE SELECTION PROCESS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 give preference to a non-public partner who has 

22 entered into a public-private partnership under 

23 section 2474 of this title in the source selection 

24 process if such partner uses an arsenal of the 

25 Department of the Army that is owned and opVerDate Sep 11 2014 23:24 Apr 14, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4092.IS S4092

ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4092 IS

1 erated by the United States Government as a 

2 partner in any type of contractual agreement 

3 with the United States Government to conduct 

4 workload activities pursuant to subsection (a), 

5 by adding 20 percent to the price of any offer 

6 that does not use an arsenal of the Department 

7 of the Army that is owned and operated by the 

8 United States Government as a partner in its 

9 bid. 

10 ‘‘(B) NON-PUBLIC PARTNER DEFINED.—In 

11 this subparagraph, the term ‘non-public part12 ner’ means a corporation, individual, university, 

13 or nonprofit organization. 

14 ‘‘(5) CONFORMANCE.—The establishment of 

15 sustained workload conducted under subsection (a) 

16 shall be consistent with the requirement under para17 graph (1) and shall be performed consistent with fol18 lowing: 

19 ‘‘(A) The technical proficiencies set forth 

20 under section 2474(a) or 4841 of this title. 

21 ‘‘(B) Fragility and criticality assessments 

22 of the Army.’’. 

23 (b) CONFORMING AMENDMENT.—Section 7544(c) of 

24 title 10, United States Code, is amended, in the matter 

25 preceding paragraph (1), by striking ‘‘may be carried out 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4092 IS

1 at an Army industrial facility under a cooperative arrange2 ment entered into under subsection (a) only under the fol3 lowing conditions’’ and inserting ‘‘is presumptively and 

4 conditionally approved to be carried out at an Army indus5 trial facility under a cooperative arrangement entered into 

6 under subsection (a) unless it is demonstrated that the 

7 following conditions are not met’’. 

8 (c) ANNUAL REPORT.— 

9 (1) IN GENERAL.—On and after the date of the 

10 enactment of this Act, the Secretary of Defense shall 

11 submit to the appropriate congressional committees, 

12 with the budget of the President submitted under 

13 section 1105(a) of title 31, United States Code, for 

14 a fiscal year a report that details the following: 

15 (A) An outlook of expected workload at 

16 each arsenal of the Department of the Army 

17 that is owned and operated by the United 

18 States Government during the period covered 

19 by the future-years defense program submitted 

20 to Congress under section 221 of title 10, 

21 United States Code. 

22 (B) A breakout, by relevant budget ac23 counts, of workload that was achieved in the 

24 prior fiscal year, whether directly or through 

25 public-private partnerships. 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4092 IS

1 (C) The capital investments required to be 

2 made at each arsenal of the Department of the 

3 Army that is owned and operated by the United 

4 States Government in order to ensure compli5 ance and operational capacity. 

6 (2) APPROPRIATE CONGRESSIONAL COMMIT7 TEES DEFINED.—In this subsection, the term ‘‘ap8 propriate congressional committees’’ means— 

9 (A) the Committee on Armed Services and 

10 the Subcommittee on Defense of the Committee 

11 on Appropriations of the Senate; and 

12 (B) the Committee on Armed Services and 

13 the Subcommittee on Defense of the Committee 

14 on Appropriations of the House of Representa15 tives. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS