,,ii #aahth ,,congress #b;d ,session ,s4 #djib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #i1 #bjbd,mr4 ,durbin 7for himself1 ,mr4 ,grassley1 and ,ms4 ,duckworth7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 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 ,army1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,arsenal ,workload ,sustainment ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states has a long and proud history of manufacturing defense products4 7#b7 ,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 base4 7#c7 ,the #bjbc ,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 advantage4 7#d7 ,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 peacetime1 while preserving the ability to provide an effective and timely response to mobilizations1 national defense contingency situations1 and other emergency requirements4 #c4 ,limitation on contracting for supplies needed for the ,department of the ,army for certain workload activities 7a7 ,in general ,section #gecb of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,secretary of the ,army and inserting 7a7 ,in general4--,the ,secretary of the ,army2 and 7#b7 by adding at the end the following new subsection3 7b7 ,treatment of workload activities 7#a7 ,percentage limitation ,not more than #ej percent of the funds made available in a fiscal year for a military department or a ,defense ,agency for workload activities pursuant to subsection 7a7 may be used to contract for the performance by non-,united ,states ,government personnel of such workload for that military department or ,defense ,agency4 7#b7 ,amounts for activities by employees of ,department of ,defense 7,a7 ,in general ,any funds made available in a fiscal year to a military department or a ,defense ,agency for workload activities pursuant to subsection 7a7 that are not used for a contract described in paragraph 7#a7 shall be used for the performance of those activities by employees of the ,department of ,defense4 7,b7 ,treatment of public-private partnerships ,workload activities conducted pursuant to subsection 7a7 under a public-private partnership shall be deemed to be activities performed by employees of the ,department of ,defense for purposes of subparagraph 7,a74 7#c7 ,waiver of limitation 7,a7 ,in general ,the ,secretary of ,defense may waive the limitation under paragraph 7#a7 for a fiscal year if the ,secretary determines that the waiver is necessary for reasons of national security4 7,b7 ,effect ,a waiver under subparagraph 7,a7 shall not take effect until the date that is #cj days after the ,secretary submits to the congressional defense committees a notification of the determination under such subparagraph1 together with a justification for the determination4 7#d7 ,preferences for public-private partnerships in source selection process 7,a7 ,in general ,the ,secretary shall give preference to a non-public partner who has entered into a public-private partnership under section #bdgd 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 7a71 by adding #bj 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 bid4 7,b7 ,non-public partner defined ,in this subparagraph1 the term non-public partner means a corporation1 individual1 university1 or nonprofit organization4 7#e7 ,conformance ,the establishment of sustained workload conducted under subsection 7a7 shall be consistent with the requirement under paragraph 7#a7 and shall be performed consistent with following3 7,a7 ,the technical proficiencies set forth under section #bdgd7;a7 or #dhda of this title4 7,b7 ,fragility and criticality assessments of the ,army4 4 7b7 ,conforming amendment ,section #gedd7;c7 of title #aj1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking may be carried out at an ,army industrial facility under a cooperative arrangement entered into under subsection 7a7 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 7a7 unless it is demonstrated that the following conditions are not met4 7c7 ,annual ,report 7#a7 ,in general ,on and after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to the appropriate congressional committees1 with the budget of the ,president submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code1 for a fiscal year a report that details the following3 7,a7 ,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 #bba of title #aj1 ,united ,states ,code4 7,b7 ,a breakout1 by relevant budget accounts1 of workload that was achieved in the prior fiscal year1 whether directly or through public-private partnerships4 7,c7 ,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 capacity4 7#b7 ,appropriate congressional committees defined ,in this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,armed ,services and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives4