Collapse to view only § 166b. Combatant commands: funding for combating terrorism readiness initiatives

§ 161.
Combatant commands: establishment
(a)
Unified and Specified Combatant Commands.—
With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall—
(1) establish unified combatant commands and specified combatant commands to perform military missions; and
(2) prescribe the force structure of those commands.
(b)
Periodic Review.—
(1)
The Chairman periodically (and not less often than every two years) shall—
(A) review the missions, responsibilities (including geographic boundaries), and force structure of each combatant command; and
(B) recommend to the President, through the Secretary of Defense, any changes to such missions, responsibilities, and force structures as may be necessary.
(2)
Except during time of hostilities or imminent threat of hostilities, the President shall notify Congress not more than 60 days after—
(A) establishing a new combatant command; or
(B) significantly revising the missions, responsibilities, or force structure of an existing combatant command.
(c)
Definitions.—
In this chapter:
(1) The term “unified combatant command” means a military command which has broad, continuing missions and which is composed of forces from two or more military departments.
(2) The term “specified combatant command” means a military command which has broad, continuing missions and which is normally composed of forces from a single military department.
(3) The term “combatant command” means a unified combatant command or a specified combatant command.
(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1012.)
§ 162.
Combatant commands: assigned forces; chain of command
(a)
Assignment of Forces.—
(1) As directed by the Secretary of Defense, the Secretaries of the military departments shall assign specified forces under their jurisdiction to unified and specified combatant commands or to the United States element of the North American Aerospace Defense Command to perform missions assigned to those commands. The Secretary of Defense shall ensure that such assignments are consistent with the force structure prescribed by the President for each combatant command.
(2) A force not assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under paragraph (1) shall remain assigned to the military department concerned for carrying out the responsibilities of the Secretary of the military department concerned as specified in section 7013, 8013, or 9013 of this title, as applicable.
(3)
A force assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under this section may be transferred from the command to which it is assigned only—
(A) by authority of the Secretary of Defense; and
(B) under procedures prescribed by the Secretary and approved by the President.
(4) Except as otherwise directed by the Secretary of Defense, all forces assigned to a unified combatant command shall be under the command of the commander of that command. The preceding sentence applies to forces assigned to a specified combatant command only as prescribed by the Secretary of Defense.
(b)
Chain of Command.—
Unless otherwise directed by the President, the chain of command to a unified or specified combatant command runs—
(1) from the President to the Secretary of Defense; and
(2) from the Secretary of Defense to the commander of the combatant command.
(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1012; amended Pub. L. 100–180, div. A, title XIII, § 1313, Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title VII, § 711, Sept. 29, 1988, 102 Stat. 1997; Pub. L. 104–201, div. A, title X, § 1073(a), Sept. 23, 1996, 110 Stat. 2657; Pub. L. 114–328, div. A, title IX, § 924, Dec. 23, 2016, 130 Stat. 2358; Pub. L. 115–91, div. A, title X, § 1081(a)(9), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
§ 163.
Role of Chairman of Joint Chiefs of Staff
(a)
Communications Through Chairman of JCS; Assignment of Duties.—
Subject to the limitations in section 152(c) of this title, the President may—
(1) direct that communications between the President or the Secretary of Defense and the commanders of the unified and specified combatant commands be transmitted through the Chairman of the Joint Chiefs of Staff; and
(2) assign duties to the Chairman to assist the President and the Secretary of Defense in performing their command function.
(b)
Oversight by Chairman of Joint Chiefs of Staff.—
(1) The Secretary of Defense may assign to the Chairman of the Joint Chiefs of Staff responsibility for overseeing the activities of the combatant commands. Such assignment by the Secretary to the Chairman does not confer any command authority on the Chairman and does not alter the responsibility of the commanders of the combatant commands prescribed in section 164(b)(2) of this title.
(2)
Subject to the authority, direction, and control of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff serves as the spokesman for the commanders of the combatant commands, especially on the operational requirements of their commands. In performing such function, the Chairman shall—
(A) confer with and obtain information from the commanders of the combatant commands with respect to the requirements of their commands;
(B) evaluate and integrate such information;
(C) advise and make recommendations to the Secretary of Defense with respect to the requirements of the combatant commands, individually and collectively; and
(D) communicate, as appropriate, the requirements of the combatant commands to other elements of the Department of Defense.
(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1013.)
§ 164.
Commanders of combatant commands: assignment; powers and duties
(a)
Assignment as Combatant Commander.—
(1)
The President may assign an officer to serve as the commander of a unified or specified combatant command only if the officer—
(A) has the joint specialty under section 661 of this title; and
(B) has completed a full tour of duty in a joint duty assignment (as defined in section 664(d) of this title) as a general or flag officer.
(2) The President may waive paragraph (1) in the case of an officer if the President determines that such action is necessary in the national interest.
(b)
Responsibilities of Combatant Commanders.—
(1) The commander of a combatant command is responsible to the President and to the Secretary of Defense for the performance of missions assigned to that command by the President or by the Secretary with the approval of the President.
(2)
Subject to the direction of the President, the commander of a combatant command—
(A) performs his duties under the authority, direction, and control of the Secretary of Defense; and
(B) is directly responsible to the Secretary for the preparedness of the command to carry out missions assigned to the command.
(3)
Among the full range of command responsibilities specified in subsection (c) and as provided for in section 161 of this title, the primary duties of the commander of a combatant command shall be as follows:
(A) To produce plans for the employment of the armed forces to execute national defense strategies and respond to significant military contingencies.
(B) To take actions, as necessary, to deter conflict.
(C) To command United States armed forces as directed by the Secretary and approved by the President.
(c)
Command Authority of Combatant Commanders.—
(1)
(A) giving authoritative direction to subordinate commands and forces necessary to carry out missions assigned to the command, including authoritative direction over all aspects of military operations, joint training, and logistics;
(B) prescribing the chain of command to the commands and forces within the command;
(C) organizing commands and forces within that command as he considers necessary to carry out missions assigned to the command;
(D) employing forces within that command as he considers necessary to carry out missions assigned to the command;
(E) assigning command functions to subordinate commanders;
(F) coordinating and approving those aspects of administration and support (including control of resources and equipment, internal organization, and training) and discipline necessary to carry out missions assigned to the command; and
(G) exercising the authority with respect to selecting subordinate commanders, selecting combatant command staff, suspending subordinates, and convening courts-martial, as provided in subsections (e), (f), and (g) of this section and section 822(a) of this title, respectively.
(2)
(A) The Secretary of Defense shall ensure that a commander of a combatant command has sufficient authority, direction, and control over the commands and forces assigned to the command to exercise effective command over those commands and forces. In carrying out this subparagraph, the Secretary shall consult with the Chairman of the Joint Chiefs of Staff.
(B) The Secretary shall periodically review and, after consultation with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commander of the combatant command, assign authority to the commander of the combatant command for those aspects of administration and support that the Secretary considers necessary to carry out missions assigned to the command.
(3) If a commander of a combatant command at any time considers his authority, direction, or control with respect to any of the commands or forces assigned to the command to be insufficient to command effectively, the commander shall promptly inform the Secretary of Defense.
(d)
Authority Over Subordinate Commanders.—
Unless otherwise directed by the President or the Secretary of Defense—
(1) commanders of commands and forces assigned to a combatant command are under the authority, direction, and control of, and are responsible to, the commander of the combatant command on all matters for which the commander of the combatant command has been assigned authority under subsection (c);
(2) the commander of a command or force referred to in clause (1) shall communicate with other elements of the Department of Defense on any matter for which the commander of the combatant command has been assigned authority under subsection (c) in accordance with procedures, if any, established by the commander of the combatant command;
(3) other elements of the Department of Defense shall communicate with the commander of a command or force referred to in clause (1) on any matter for which the commander of the combatant command has been assigned authority under subsection (c) in accordance with procedures, if any, established by the commander of the combatant command; and
(4) if directed by the commander of the combatant command, the commander of a command or force referred to in clause (1) shall advise the commander of the combatant command of all communications to and from other elements of the Department of Defense on any matter for which the commander of the combatant command has not been assigned authority under subsection (c).
(e)
Selection of Subordinate Commanders.—
(1)
An officer may be assigned to a position as the commander of a command directly subordinate to the commander of a combatant command or, in the case of such a position that is designated under section 601 of this title as a position of importance and responsibility, may be recommended to the President for assignment to that position, only—
(A) with the concurrence of the commander of the combatant command; and
(B) in accordance with procedures established by the Secretary of Defense.
(2) The Secretary of Defense may waive the requirement under paragraph (1) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer if the Secretary of Defense determines that such action is in the national interest.
(3)
The commander of a combatant command shall—
(A) evaluate the duty performance of each commander of a command directly subordinate to the commander of such combatant command; and
(B) submit the evaluation to the Secretary of the military department concerned and the Chairman of the Joint Chiefs of Staff.
(4) At least one deputy commander of the combatant command the geographic area of responsibility of which includes the United States shall be a qualified officer of a reserve component of the armed forces who is eligible for promotion to the grade of O–9, unless a reserve component officer is serving as commander of that combatant command.
(f)
Combatant Command Staff.—
(1) Each unified and specified combatant command shall have a staff to assist the commander of the command in carrying out his responsibilities. Positions of responsibility on the combatant command staff shall be filled by officers from each of the armed forces having significant forces assigned to the command.
(2)
An officer may be assigned to a position on the staff of a combatant command or, in the case of such a position that is designated under section 601 of this title as a position of importance and responsibility, may be recommended to the President for assignment to that position, only—
(A) with the concurrence of the commander of such command; and
(B) in accordance with procedures established by the Secretary of Defense.
(3) The Secretary of Defense may waive the requirement under paragraph (2) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer to serve on the staff of the combatant command if the Secretary of Defense determines that such action is in the national interest.
(g)
Authority to Suspend Subordinates.—
In accordance with procedures established by the Secretary of Defense, the commander of a combatant command may suspend from duty and recommend the reassignment of any officer assigned to such combatant command.
(h)
Support to Chairman of the Joint Chiefs of Staff.—
The commander of a combatant command shall provide such information to the Chairman of the Joint Chiefs of Staff as may be necessary for the Chairman to perform the duties of the Chairman under section 153 of this title.
(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1013; amended Pub. L. 100–456, div. A, title V, § 519(a)(2), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 110–181, div. A, title XVIII, § 1824(b), Jan. 28, 2008, 122 Stat. 501; Pub. L. 114–328, div. A, title V, § 516, title IX, § 921(e), Dec. 23, 2016, 130 Stat. 2113, 2354; Pub. L. 115–91, div. A, title X, § 1081(a)(10), Dec. 12, 2017, 131 Stat. 1594.)
§ 165.
Combatant commands: administration and support
(a)
In General.—
The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide for the administration and support of forces assigned to each combatant command.
(b)
Responsibility of Secretaries of Military Departments.—
Subject to the authority, direction, and control of the Secretary of Defense and subject to the authority of commanders of the combatant commands under section 164(c) of this title, the Secretary of a military department is responsible for the administration and support of forces assigned by him to a combatant command.
(c)
Assignment of Responsibility to Other Components of DOD.—
After consultation with the Secretaries of the military departments, the Secretary of Defense may assign the responsibility (or any part of the responsibility) for the administration and support of forces assigned to the combatant commands to other components of the Department of Defense (including Defense Agencies and combatant commands). A component assigned such a responsibility shall discharge that responsibility subject to the authority, direction, and control of the Secretary of Defense and subject to the authority of commanders of the combatant commands under section 164(c) of this title.
(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1016.)
§ 166.
Combatant commands: budget proposals
(a)
Combatant Command Budgets.—
The Secretary of Defense shall include in the annual budget of the Department of Defense submitted to Congress a separate budget proposal for such activities of each of the unified and specified combatant commands as may be determined under subsection (b).
(b)
Content of Proposals.—
A budget proposal under subsection (a) for funding of activities of a combatant command shall include funding proposals for such activities of the combatant command as the Secretary (after consultation with the Chairman of the Joint Chiefs of Staff) determines to be appropriate for inclusion. Activities of a combatant command for which funding may be requested in such a proposal include the following:
(1) Joint exercises.
(2) Force training.
(3) Contingencies.
(4) Selected operations.
(c)
SOF Training With Foreign Forces.—
A funding proposal for force training under subsection (b)(2) may include amounts for training expense payments authorized in section 322 of this title.
(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1016; amended Pub. L. 102–190, div. A, title X, § 1052(b), Dec. 5, 1991, 105 Stat. 1471; Pub. L. 115–91, div. A, title X, § 1081(a)(11), Dec. 12, 2017, 131 Stat. 1594.)
§ 166a.
Combatant commands: funding through the Chairman of Joint Chiefs of Staff
(a)
Combatant Commander Initiative Fund.—
From funds made available in any fiscal year for the budget account in the Department of Defense known as the “Combatant Commander Initiative Fund”, the Chairman of the Joint Chiefs of Staff may provide funds to the commander of a combatant command, upon the request of the commander, or, with respect to a geographic area or areas not within the area of responsibility of a commander of a combatant command, to an officer designated by the Chairman of the Joint Chiefs of Staff for such purpose. The Chairman may provide such funds for any of the activities named in subsection (b).
(b)
Authorized Activities.—
Activities for which funds may be provided under subsection (a) are the following:
(1) Force training.
(2) Contingencies.
(3) Selected operations.
(4) Command and control.
(5) Joint exercises (including activities of participating foreign countries).
(6) Humanitarian and civic assistance, in coordination with the relevant chief of mission to the extent practicable, to include urgent and unanticipated humanitarian relief and reconstruction assistance.
(7) Military education and training to military and related civilian personnel of foreign countries (including transportation, translation, and administrative expenses).
(8) Personnel expenses of defense personnel for bilateral or regional cooperation programs.
(9) Force protection.
(10) Joint warfighting capabilities.
(c)
Priority.—
The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the Combatant Commander Initiative Fund, should give priority consideration to—
(1) requests for funds to be used for activities that would enhance the war fighting capability, readiness, and sustainability of the forces assigned to the commander requesting the funds;
(2) the provision of funds to be used for activities with respect to an area or areas not within the area of responsibility of a commander of a combatant command that would reduce the threat to, or otherwise increase, the national security of the United States; and
(3) the provision of funds to be used for urgent and unanticipated humanitarian relief and reconstruction assistance, particularly in a foreign country where the armed forces are engaged in a contingency operation.
(d)
Relationship to Other Funding.—
Any amount provided by the Chairman of the Joint Chiefs of Staff during any fiscal year out of the Combatant Commander Initiative Fund for an activity referred to in subsection (b) shall be in addition to amounts otherwise available for that activity for that fiscal year.
(e)
Limitations.—
(1)
Of funds made available under this section for any fiscal year—
(A) not more than $20,000,000 may be used to purchase items with a unit cost in excess of $250,000;
(B) not more than $10,000,000 may be used to pay for any expenses of foreign countries participating in joint exercises as authorized by subsection (b)(5); and
(C) not more than $5,000,000 may be used to provide military education and training (including transportation, translation, and administrative expenses) to military and related civilian personnel of foreign countries as authorized by subsection (b)(7).
(2) Funds may not be provided under this section for any activity that has been denied authorization by Congress.
(f)
Inclusion of NORAD.—
For purposes of this section, the Commander, United States Element, North American Aerospace Defense Command shall be considered to be a commander of a combatant command.
(Added Pub. L. 102–190, div. A, title IX, § 902(a), Dec. 5, 1991, 105 Stat. 1450; amended Pub. L. 102–396, title IX, § 9128, Oct. 6, 1992, 106 Stat. 1935; Pub. L. 102–484, div. A, title IX, § 934, Oct. 23, 1992, 106 Stat. 2477; Pub. L. 103–35, title II, § 201(a), May 31, 1993, 107 Stat. 97; Pub. L. 105–85, div. A, title IX, § 902, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 108–136, div. A, title IX, § 902(a)(2), (b), (c), Nov. 24, 2003, 117 Stat. 1558; Pub. L. 109–364, div. A, title IX, § 902, Oct. 17, 2006, 120 Stat. 2351; Pub. L. 111–84, div. A, title IX, § 904, Oct. 28, 2009, 123 Stat. 2424; Pub. L. 114–328, div. A, title VIII, § 833(b)(1)(C), Dec. 23, 2016, 130 Stat. 2284.)
§ 166b.
Combatant commands: funding for combating terrorism readiness initiatives
(a)
Combating Terrorism Readiness Initiatives Fund.—
From funds made available in any fiscal year for the budget account in the Department of Defense known as the “Combating Terrorism Readiness Initiatives Fund”, the Chairman of the Joint Chiefs of Staff may provide funds to the commander of a combatant command, upon the request of the commander, or, with respect to a geographic area or areas not within the area of responsibility of a commander of a combatant command, to an officer designated by the Chairman of the Joint Chiefs of Staff for such purpose. The Chairman may provide such funds for initiating any activity named in subsection (b) and for maintaining and sustaining the activity for the fiscal year in which initiated and one additional fiscal year.
(b)
Authorized Activities.—
Activities for which funds may be provided under subsection (a) are the following:
(1) Procurement and maintenance of physical security equipment.
(2) Improvement of physical security sites.
(3)
Under extraordinary circumstances—
(A) physical security management planning;
(B) procurement and support of security forces and security technicians;
(C) security reviews and investigations and vulnerability assessments; and
(D) any other activity relating to physical security.
(c)
Priority.—
The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the Combating Terrorism Readiness Initiatives Fund, should give priority consideration to emergency or emergent unforeseen high-priority requirements for combating terrorism.
(d)
Relationship to Other Funding.—
Any amount provided by the Chairman of the Joint Chiefs of Staff for a fiscal year out of the Combating Terrorism Readiness Initiatives Fund for an activity referred to in subsection (b) shall be in addition to amounts otherwise available for that activity for that fiscal year.
(e)
Limitation.—
Funds may not be provided under this section for any activity that has been denied authorization by Congress.
(Added Pub. L. 107–107, div. A, title XV, § 1512(a), Dec. 28, 2001, 115 Stat. 1272.)
§ 167.
Unified combatant command for special operations forces
(a)
Establishment.—
With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under section 161 of this title a unified combatant command for special operations forces (hereinafter in this section referred to as the “special operations command”). The principal function of the command is to prepare special operations forces to carry out assigned missions.
(b)
Assignment of Forces.—
Unless otherwise directed by the Secretary of Defense, all active and reserve special operations forces of the armed forces stationed in the United States shall be assigned to the special operations command.
(c)
Grade of Commander.—
The commander of the special operations command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating his permanent grade. The commander of such command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
(d)
Command of Activity or Mission.—
(1) Unless otherwise directed by the President or the Secretary of Defense, a special operations activity or mission shall be conducted under the command of the commander of the unified combatant command in whose geographic area the activity or mission is to be conducted.
(2) The commander of the special operations command shall exercise command of a selected special operations mission if directed to do so by the President or the Secretary of Defense.
(e)
Authority of Combatant Commander.—
(1) In addition to the authority prescribed in section 164(c) of this title, the commander of the special operations command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to special operations activities.
(2)
Subject to the authority, direction, and control of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the commander of such command shall be responsible for, and shall have the authority to conduct, the following functions relating to special operations activities (whether or not relating to the special operations command):
(A) Developing strategy, doctrine, and tactics.
(B) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for special operations forces and for other forces assigned to the special operations command.
(C)
Exercising authority, direction, and control over the expenditure of funds—
(i) for forces assigned to the special operations command; and
(ii) for special operations forces assigned to unified combatant commands other than the special operations command, with respect to all matters covered by paragraph (4) and, with respect to a matter not covered by paragraph (4), to the extent directed by the Secretary of Defense.
(D) Training assigned forces.
(E) Conducting specialized courses of instruction for commissioned and noncommissioned officers.
(F) Validating requirements.
(G) Establishing priorities for requirements.
(H) Ensuring the interoperability of equipment and forces.
(I) Formulating and submitting requirements for intelligence support.
(J) Monitoring the promotions of special operations forces and coordinating with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of special operations forces.
(3)
The commander of the special operations command shall be responsible for—
(A) ensuring the combat readiness of forces assigned to the special operations command; and
(B) monitoring the preparedness to carry out assigned missions of special operations forces assigned to unified combatant commands other than the special operations command.
(4)
(A)
The commander of the special operations command shall be responsible for, and shall have the authority to conduct, the following:
(i) Development and acquisition of special operations-peculiar equipment.
(ii) Acquisition of special operations-peculiar material, supplies, and services.
(B) Subject to the authority, direction, and control of the Secretary of Defense, the commander of the command, in carrying out his functions under subparagraph (A), shall have authority to exercise the functions of the head of an agency under chapter 137 of this title.
(C)
(i)
The staff of the commander shall include a command acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the special operations command. The command acquisition executive shall have the authority to—
(I) negotiate memoranda of agreement with the military departments to carry out the acquisition of equipment, material, supplies, and services described in subparagraph (A) on behalf of the command;(II) supervise the acquisition of equipment, material, supplies, and services described in subparagraph (A), regardless of whether such acquisition is carried out by the command, or by a military department pursuant to a delegation of authority by the command;(III) represent the command in discussions with the military departments regarding acquisition programs for which the command is a customer; and(IV) work with the military departments to ensure that the command is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the command is a customer.
(ii) The command acquisition executive of the special operations command shall be responsible to the commander for rapidly delivering acquisition solutions to meet validated special operations-peculiar requirements, subordinate to the Defense Acquisition Executive in matters of acquisition, subject to the same oversight as the service acquisition executives, and included on the distribution list for acquisition directives and instructions of the Department of Defense.
(D) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the special operations command and such other inspector general functions as may be assigned.
(f)
Administrative Chain of Command.—
(1)
Unless otherwise directed by the President, the administrative chain of command to the special operations command runs—
(A) from the President to the Secretary of Defense;
(B) from the Secretary of Defense to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict; and
(C) from the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict to the commander of the special operations command.
(2) For purposes of this subsection, administrative chain of command refers to the exercise of authority, direction and control with respect to the special operations-peculiar administration and support of the special operations command, including the readiness and organization of special operations forces, resources and equipment, and civilian personnel. It does not refer to the exercise of authority, direction, and control of operational matters that are subject to the operational chain of command of the commanders of combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other matters that are not special operations-peculiar that are the purview of the armed forces.
(g)
Budget.—
In addition to the activities of a combatant command for which funding may be requested under section 166(b) of this title, the budget proposal of the special operations command shall include requests for funding for—
(1) development and acquisition of special operations-peculiar equipment; and
(2) acquisition of other material, supplies, or services that are peculiar to special operations activities.
(h)
Intelligence and Special Activities.—
This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).
(i)
Regulations.—
The Secretary of Defense shall prescribe regulations for the activities of the special operations command. Such regulations shall include authorization for the commander of such command to provide for operational security of special operations forces and activities.
(j)
Identification of Special Operations Forces.—
(1)
Subject to paragraph (2), for the purposes of this section special operations forces are those forces of the armed forces that—
(A) are identified as core forces or as augmenting forces in the Joint Chiefs of Staff Joint Strategic Capabilities Plan, Annex E, dated December 17, 1985;
(B) are described in the Terms of Reference and Conceptual Operations Plan for the Joint Special Operations Command, as in effect on April 1, 1986; or
(C) are designated as special operations forces by the Secretary of Defense.
(2) The Secretary of Defense, after consulting with the Chairman of the Joint Chiefs of Staff and the commander of the special operations command, may direct that any force included within the description in paragraph (1)(A) or (1)(B) shall not be considered as a special operations force for the purposes of this section.
(k)
Special Operations Activities.—
For purposes of this section, special operations activities include each of the following insofar as it relates to special operations:
(1) Direct action.
(2) Strategic reconnaissance.
(3) Unconventional warfare.
(4) Foreign internal defense.
(5) Civil affairs.
(6) Military information support operations.
(7) Counterterrorism.
(8) Humanitarian assistance.
(9) Theater search and rescue.
(10) Such other activities as may be specified by the President or the Secretary of Defense.
(l)
Budget Support for Reserve Elements.—
(1) Before the budget proposal for the special operations command for any fiscal year is submitted to the Secretary of Defense, the commander of the command shall consult with the Secretaries of the military departments concerning funding for reserve component special operations units. If the Secretary of a military department does not concur in the recommended level of funding with respect to any such unit that is under the jurisdiction of the Secretary, the commander shall include with the budget proposal submitted to the Secretary of Defense the views of the Secretary of the military department concerning such funding.
(2) Before the budget proposal for a military department for any fiscal year is submitted to the Secretary of Defense, the Secretary of that military department shall consult with the commander of the special operations command concerning funding for special operations forces in the military personnel budget for a reserve component in that military department. If the commander of that command does not concur in the recommended level of funding with respect to reserve component special operations units, the Secretary shall include with the budget proposal submitted to the Secretary of Defense the views of the commander of that command.
(Added Pub. L. 99–500, § 101(c) [title IX, § 9115(b)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–122, and Pub. L. 99–591, § 101(c) [title IX, § 9115(b)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–122; Pub. L. 99–661, div. A, title XIII, § 1311(b)(1), Nov. 14, 1986, 100 Stat. 3983; amended Pub. L. 100–180, div. A, title XII, § 1211(d), Dec. 4, 1987, 101 Stat. 1156; Pub. L. 100–456, div. A, title VII, § 712, Sept. 29, 1988, 102 Stat. 1997; Pub. L. 102–88, title VI, § 602(c)(3), Aug. 14, 1991, 105 Stat. 444; Pub. L. 103–337, div. A, title IX, § 925, Oct. 5, 1994, 108 Stat. 2832; Pub. L. 110–181, div. A, title VIII, § 810, Jan. 28, 2008, 122 Stat. 217; Pub. L. 112–81, div. A, title X, § 1086(1), Dec. 31, 2011, 125 Stat. 1603; Pub. L. 113–66, div. A, title IX, § 903, Dec. 26, 2013, 127 Stat. 816; Pub. L. 113–291, div. A, title X, § 1071(c)(3), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–328, div. A, title IX, § 922(c), Dec. 23, 2016, 130 Stat. 2356.)
[§ 167a.
Repealed. Pub. L. 115–232, div. A, title VIII, § 812(a)(1)(A), Aug. 13, 2018, 132 Stat. 1846]
§ 167b.
Unified combatant command for cyber operations
(a)
Establishment.—
With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under section 161 of this title a unified combatant command for cyber operations forces (hereinafter in this section referred to as the “cyber command”). The principal function of the command is to prepare cyber operations forces to carry out assigned missions.
(b)
Assignment of Forces.—
Unless otherwise directed by the Secretary of Defense, all active and reserve cyber operations forces of the armed forces stationed in the United States shall be assigned to the cyber command.
(c)
Grade of Commander.—
The commander of the cyber command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating that officer’s permanent grade. The commander of such command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
(d)
Authority of Combatant Commander.—
(1) In addition to the authority prescribed in section 164(c) of this title, the commander of the cyber command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to cyber operations activities.
(2)
(A)
Subject to the authority, direction, and control of the Principal Cyber Advisor, the commander of such command shall be responsible for, and shall have the authority to conduct, the following functions relating to cyber operations activities (whether or not relating to the cyber command):
(i) Developing strategy, doctrine, and tactics.
(ii) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for cyber operations forces and for other forces assigned to the cyber command.
(iii)
Exercising authority, direction, and control over the expenditure of funds—
(I) for forces assigned directly to the cyber command; and(II) for cyber operations forces assigned to unified combatant commands other than the cyber command, with respect to all matters covered by section 807 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 886; 10 U.S.C. 2224 note) and, with respect to a matter not covered by such section, to the extent directed by the Secretary of Defense.
(iv) Training and certification of assigned joint forces.
(v) Conducting specialized courses of instruction for commissioned and noncommissioned officers.
(vi) Validating requirements.
(vii) Establishing priorities for requirements.
(viii) Ensuring the interoperability of equipment and forces.
(ix) Formulating and submitting requirements for intelligence support.
(x) Monitoring the promotion of cyber operation forces and coordinating with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of cyber operation forces.
(B) The authority, direction, and control exercised by the Principal Cyber Advisor for purposes of this section is authority, direction, and control with respect to the administration and support of the cyber command, including readiness and organization of cyber operations forces, cyber operations-peculiar equipment and resources, and civilian personnel.
(C) Nothing in this section shall be construed as providing the Principal Cyber Advisor authority, direction, and control of operational matters that are subject to the operational chain of command of the combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other matters that are not cyber-operations peculiar and that are in the purview of the armed forces.
(3)
The commander of the cyber command shall be responsible for—
(A) ensuring the combat readiness of forces assigned to the cyber command; and
(B) monitoring the preparedness to carry out assigned missions of cyber forces assigned to unified combatant commands other than the cyber command.
(C) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the cyber operations command and such other inspector general functions as may be assigned.
(e)
Intelligence and Special Activities.—
This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).
(Added Pub. L. 114–328, div. A, title IX, § 923(a), Dec. 23, 2016, 130 Stat. 2357; amended Pub. L. 115–91, div. A, title X, § 1081(a)(12), title XVI, § 1635, Dec. 12, 2017, 131 Stat. 1595, 1741.)
[§ 168.
Repealed. Pub. L. 114–328, div. A, title XII, § 1253(a)(1)(A), Dec. 23, 2016, 130 Stat. 2532]
[§ 169.
Repealed. Pub. L. 116–92, div. A, title XVI, § 1601(a), Dec. 20, 2019, 133 Stat. 1722]