S. 4092Senate118th Congress (2023-2025)In Committee

Arsenal Workload Sustainment Act

Introduced April 9, 2024

AI-Generated Summary

Updated January 20, 2026 at 3:42 PM UTC

The Arsenal Workload Sustainment Act limits how much the Army can rely on outside contractors for work at its government‑owned arsenals. It requires at least half of the yearly budget for those activities to be performed by Department of Defense employees, while still allowing waivers for national‑security reasons. The bill also encourages public‑private partnerships and mandates an annual report on workload and investment needs.

Key Provisions

  • Sets a 50% cap on the amount of funds that can be used to contract non‑government personnel for workload activities at Army arsenals each fiscal year.
  • Funds not used for contracts must be spent on DoD employees performing the same activities.
  • Treats work done under public‑private partnerships as if performed by DoD employees for purposes of the 50% cap.
  • Allows the Secretary of Defense to waive the 50% limitation for national‑security reasons, with a 30‑day notice to congressional defense committees.
  • Gives a preference to non‑public partners (corporations, individuals, universities, nonprofits) that use Army‑owned arsenals by adding a 20% price increase to offers that do not.
  • Amends Section 7544(c) so cooperative arrangements at Army industrial facilities are presumptively approved unless specific conditions are not met.
  • Requires the Secretary of Defense to submit an annual report detailing expected workload at each arsenal, past workload breakdowns, and needed capital investments.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services. (text: CR S2671)

April 9, 2024

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SenateIntro Referral

Introduced in Senate

April 9, 2024

SenateIntro Referral

Read twice and referred to the Committee on Armed Services. (text: CR S2671)

April 9, 2024

Floor Debate

4 members

What members said about S. 4092 on the floor

3 Republicans1 Democrat
John Hoeven
Sen. John HoevenR-ND · Apr 9, 2024

Madam President, I rise to talk about legislation that we are introducing today. It is called the FARMER Act. ``FARMER'' stands for Federal Agriculture Risk Management Enhancement and Resilience, and…

John Boozman
Sen. John BoozmanR-AR · Apr 9, 2024

I want to thank my good friend from North Dakota Senator Hoeven for his leadership on this issue. Under normal circumstances, we would have been celebrating the passage of a new farm bill by now.…

Roger Marshall
Sen. Roger MarshallR-KS · Apr 9, 2024

Mr. President, I want to say thank you to the ranking member on the Senate Ag Committee, Senator Boozman. And I am especially proud to be here with the Senator from the great State of North Dakota,…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 9, 2024

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 9, 2024

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued April 9, 2024

II

118th CONGRESS

2d Session

S. 4092

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.

Short title

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

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.

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.