S.Amdt. 6460Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6460

What it does: Rewrites section 1205
Sponsored by Mark KellySen. Mark Kelly (D-AZ)
Submitted October 11, 2022

What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Rewrites a provision
  1. Rewrites section 1205

    Replaces

    In S.Amdt. 5499 as proposed

    49 unchanged paragraphs

    SEC. 1205. MODIFICATION OF REGIONAL DEFENSE COMBATING TERRORISM AND IRREGULAR WARFARE FELLOWSHIP PROGRAM AND PLAN FOR IRREGULAR WARFARE CENTER.

    (a) Modification of Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program.--

    (1) In general.--Section 345 of title 10, United States Code, is amended--

    (A) in the section heading, by striking "Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program" and inserting "Irregular Warfare Education";

    (B) in subsection (a)--

    (i) in the subsection heading, by striking "Program Authorized" and inserting "Authority";

    (ii) in paragraph (1), in the matter preceding subparagraph (A), by inserting "operate and administer a Center for Security Studies in Irregular Warfare and" after "The Secretary of Defense may";

    (iii) by amending paragraph (2) to read as follows:

    "(2) Covered costs.--

    "(A) In general.--Costs for which payment may be made under this section include the costs of--

    "(i) transportation, travel, and subsistence costs of foreign national personnel and United States governmental personnel necessary for administration and execution of the authority granted to the Secretary of Defense under this section;

    "(ii) strategic engagement with alumni of the program referred to in paragraph (1) to address Department of Defense objectives and planning on irregular warfare and combating terrorism topics; and

    "(iii) administration and operation of the Irregular Warfare Center, including expenses associated with--

    "(I) research, communication, the exchange of ideas, curriculum development and review, and training of military and civilian participants of the United States and other countries, as the Secretary considers necessary; and

    "(II) maintaining an international network of irregular warfare policymakers and practitioners to achieve the objectives of the Department of Defense and the Department of State.

    "(B) Payment by others permitted.--Payment of costs described in subparagraph (A)(i) may be made by the Secretary of Defense, the foreign national participant, the government of such participant, or by the head of any other Federal department or agency."; and

    (iv) by amending paragraph (3) to read as follows:

    "(3) Designations.--

    "(A) Center.--The center authorized by this section shall be known as the 'Irregular Warfare Center'.

    "(B) Program.--The program authorized by this section shall be known as the 'Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program'.";

    (C) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

    (D) by inserting after subsection (b) the following new subsection (c):

    "(c) Irregular Warfare Center.--

    "(1) Mission.--The mission of the Irregular Warfare Center shall be to support the institutionalization of irregular warfare as a core competency of the Department of Defense by--

    "(A) coordinating and aligning Department of Defense education curricula, standards, and objectives related to irregular warfare and strategic competition;

    "(B) providing a center for research on irregular warfare, strategic competition, and the role of the Department of Defense in supporting interagency activities relating to irregular warfare and strategic competition;

    "(C) engaging and coordinating with Federal departments and agencies other than the Department of Defense and with academia, nongovernmental organizations, civil society, and international partners to discuss and coordinate efforts on security challenges in irregular warfare and strategic competition;

    "(D) developing curriculum and conducting training and education of military and civilian participants of the United States and other countries, as determined by the Secretary of Defense; and

    "(E) serving as a coordinating body and central repository for irregular warfare resources, including educational activities and programs, and lessons learned across components of the Department of Defense.

    "(2) Employment and compensation of faculty.--With respect to the Irregular Warfare Center--

    "(A) the Secretary of Defense may employ a Director, a Deputy Director, and such civilians as professors, instructors, and lecturers, as the Secretary considers necessary; and

    "(B) compensation of individuals employed under this paragraph shall be as prescribed by the Secretary.

    "(3) Partnership with institution of higher education.--

    "(A) In general.--In operating the Irregular Warfare Center, to promote integration throughout the United States Government and civil society across the full spectrum of Irregular Warfare competition and conflict challenges, the Secretary of Defense may partner with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

    "(B) Types of partnerships.--The Secretary may--

    "(i) establish a partnership under subparagraph (A) by--

    "(I) entering into a contract, a cooperative agreement, or an intergovernmental support agreement pursuant to section 2679; or

    "(II) awarding a grant; and

    "(ii) enter into such a contract, cooperative agreement, or intergovernmental support agreement, or award such a grant, through the Defense Security Cooperation University.

    "(C) Determination required.--The Secretary of Defense shall make a determination with respect to the desirability of partnering with an institution of higher education in a Government-owned, contractor-operated partnership, such as the partnership structure used by the Department of Defense for University Affiliated Research Centers, for meeting the mission requirements of the Irregular Warfare Center.

    "(4) Roles and responsibilities.--The Secretary of Defense shall prescribe guidance for the roles and responsibilities of the relevant components of the Department of Defense in the administration, operation, and oversight of the Irregular Warfare Center, which shall include the roles and responsibilities of the following:

    "(A) The Under Secretary of Defense for Policy.

    "(B) The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.

    "(C) The Director of the Defense Security Cooperation Agency.

    "(D) Any other official of the Department of Defense, as determined by the Secretary.";

    (E) in subsection (d), as so redesignated, in the first sentence, by striking "$35,000,000" and inserting "$40,000,000"; and

    (F) by inserting after subsection (e), as so redesignated, the following new subsection:

    "(f) Annual Review.--The Secretary of Defense--

    "(1) shall conduct an annual review of the structure and activities of the Irregular Warfare Center and the program referred to in subsection (a) to determine whether such structure and activities are appropriately aligned with the strategic priorities of the Department of Defense and the applicable combatant commands; and

    "(2) may, after an annual review under paragraph (1), revise the relevant structure and activities so as to more appropriately align such structure and activities with the strategic priorities and combatant commands.".

    (2) Clerical amendment.--The table of sections at the beginning of subchapter V of chapter 16 of title 10, United States Code, is amended by striking the item relating to section 345 and inserting the following:

    "345. Irregular Warfare Education.[inserted: ".]

    (b) Repeal of Treatment as Regional Center for Security Studies.--Section 1299L(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4012; 10 U.S.C. 342 note) is amended--

    (1) by striking paragraph (2); and

    7 unchanged paragraphs

    (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

    (c) Plan for Irregular Warfare Center.--

    (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for establishing the structure, operations, and administration of the Irregular Warfare Center described in section 345(a)(1) of title 10, United States Code.

    (2) Elements.--The plan required by paragraph (1) shall include--

    (A) a timeline and milestones for the establishment of the Irregular Warfare Center; and

    (B) steps to enter into partnerships and resource agreements with academic institutions of the Department of Defense or other academic institutions, including any agreement for hosting or operating the Irregular Warfare Center.

    (d) Sense of the Senate.--It is the sense of the Senate that a Center for Security Studies in Irregular Warfare established under section 345 of title 10, United States Code, should be known as the "John S. McCain III Center for Security Studies in Irregular Warfare".

    Original wording

    Strike section 1205 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 6460. Mr. REED (for Mr. Kelly) submitted an amendment intended to be proposed to amendment SA 5499 proposed by Mr. Reed (for himself and Mr. Inhofe) to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1205 and insert the following:

SEC. 1205. MODIFICATION OF REGIONAL DEFENSE COMBATING TERRORISM AND IRREGULAR WARFARE FELLOWSHIP PROGRAM AND PLAN FOR IRREGULAR WARFARE CENTER.

(a) Modification of Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program.--

(1) In general.--Section 345 of title 10, United States Code, is amended--

(A) in the section heading, by striking “Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program” and inserting “Irregular Warfare Education”;

(B) in subsection (a)--

(i) in the subsection heading, by striking “Program Authorized” and inserting “Authority”;

(ii) in paragraph (1), in the matter preceding subparagraph (A), by inserting “operate and administer a Center for Security Studies in Irregular Warfare and” after “The Secretary of Defense may”;

(iii) by amending paragraph (2) to read as follows:

“(2) Covered costs.--

“(A) In general.--Costs for which payment may be made under this section include the costs of--

“(i) transportation, travel, and subsistence costs of foreign national personnel and United States governmental personnel necessary for administration and execution of the authority granted to the Secretary of Defense under this section;

“(ii) strategic engagement with alumni of the program referred to in paragraph (1) to address Department of Defense objectives and planning on irregular warfare and combating terrorism topics; and

“(iii) administration and operation of the Irregular Warfare Center, including expenses associated with--

“(I) research, communication, the exchange of ideas, curriculum development and review, and training of military and civilian participants of the United States and other countries, as the Secretary considers necessary; and

“(II) maintaining an international network of irregular warfare policymakers and practitioners to achieve the objectives of the Department of Defense and the Department of State.

“(B) Payment by others permitted.--Payment of costs described in subparagraph (A)(i) may be made by the Secretary of Defense, the foreign national participant, the government of such participant, or by the head of any other Federal department or agency.”; and

(iv) by amending paragraph (3) to read as follows:

“(3) Designations.--

“(A) Center.--The center authorized by this section shall be known as the ‘Irregular Warfare Center'.

“(B) Program.--The program authorized by this section shall be known as the ‘Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program'.”;

(C) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

(D) by inserting after subsection (b) the following new subsection (c):

“(c) Irregular Warfare Center.--

“(1) Mission.--The mission of the Irregular Warfare Center shall be to support the institutionalization of irregular warfare as a core competency of the Department of Defense by--

“(A) coordinating and aligning Department of Defense education curricula, standards, and objectives related to irregular warfare and strategic competition;

“(B) providing a center for research on irregular warfare, strategic competition, and the role of the Department of Defense in supporting interagency activities relating to irregular warfare and strategic competition;

“(C) engaging and coordinating with Federal departments and agencies other than the Department of Defense and with academia, nongovernmental organizations, civil society, and international partners to discuss and coordinate efforts on security challenges in irregular warfare and strategic competition;

“(D) developing curriculum and conducting training and education of military and civilian participants of the United States and other countries, as determined by the Secretary of Defense; and

“(E) serving as a coordinating body and central repository for irregular warfare resources, including educational activities and programs, and lessons learned across components of the Department of Defense.

“(2) Employment and compensation of faculty.--With respect to the Irregular Warfare Center--

“(A) the Secretary of Defense may employ a Director, a Deputy Director, and such civilians as professors, instructors, and lecturers, as the Secretary considers necessary; and

“(B) compensation of individuals employed under this paragraph shall be as prescribed by the Secretary.

“(3) Partnership with institution of higher education.--

“(A) In general.--In operating the Irregular Warfare Center, to promote integration throughout the United States Government and civil society across the full spectrum of Irregular Warfare competition and conflict challenges, the Secretary of Defense may partner with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

“(B) Types of partnerships.--The Secretary may--

“(i) establish a partnership under subparagraph (A) by--

“(I) entering into a contract, a cooperative agreement, or an intergovernmental support agreement pursuant to section 2679; or

“(II) awarding a grant; and

“(ii) enter into such a contract, cooperative agreement, or intergovernmental support agreement, or award such a grant, through the Defense Security Cooperation University.

“(C) Determination required.--The Secretary of Defense shall make a determination with respect to the desirability of partnering with an institution of higher education in a Government-owned, contractor-operated partnership, such as the partnership structure used by the Department of Defense for University Affiliated Research Centers, for meeting the mission requirements of the Irregular Warfare Center.

“(4) Roles and responsibilities.--The Secretary of Defense shall prescribe guidance for the roles and responsibilities of the relevant components of the Department of Defense in the administration, operation, and oversight of the Irregular Warfare Center, which shall include the roles and responsibilities of the following:

“(A) The Under Secretary of Defense for Policy.

“(B) The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.

“(C) The Director of the Defense Security Cooperation Agency.

“(D) Any other official of the Department of Defense, as determined by the Secretary.”;

(E) in subsection (d), as so redesignated, in the first sentence, by striking “$35,000,000” and inserting “$40,000,000”; and

(F) by inserting after subsection (e), as so redesignated, the following new subsection:

“(f) Annual Review.--The Secretary of Defense--

“(1) shall conduct an annual review of the structure and activities of the Irregular Warfare Center and the program referred to in subsection (a) to determine whether such structure and activities are appropriately aligned with the strategic priorities of the Department of Defense and the applicable combatant commands; and

“(2) may, after an annual review under paragraph (1), revise the relevant structure and activities so as to more appropriately align such structure and activities with the strategic priorities and combatant commands.”.

(2) Clerical amendment.--The table of sections at the beginning of subchapter V of chapter 16 of title 10, United States Code, is amended by striking the item relating to section 345 and inserting the following:

“345. Irregular Warfare Education.”.

(b) Repeal of Treatment as Regional Center for Security Studies.--Section 1299L(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4012; 10 U.S.C. 342 note) is amended--

(1) by striking paragraph (2); and

(2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(c) Plan for Irregular Warfare Center.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for establishing the structure, operations, and administration of the Irregular Warfare Center described in section 345(a)(1) of title 10, United States Code.

(2) Elements.--The plan required by paragraph (1) shall include--

(A) a timeline and milestones for the establishment of the Irregular Warfare Center; and

(B) steps to enter into partnerships and resource agreements with academic institutions of the Department of Defense or other academic institutions, including any agreement for hosting or operating the Irregular Warfare Center.

(d) Sense of the Senate.--It is the sense of the Senate that a Center for Security Studies in Irregular Warfare established under section 345 of title 10, United States Code, should be known as the “John S. McCain III Center for Security Studies in Irregular Warfare”.

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Senate amendment submitted

October 11, 2022