
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC164]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                      CHAPTER 6--COMBATANT COMMANDS
 
Sec. 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(f) 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.

    (c) Command Authority of Combatant Commanders.--(1) Unless otherwise 
directed by the President or the Secretary of Defense, the authority, 
direction, and control of the commander of a combatant command with 
respect to the commands and forces assigned to that command include the 
command functions of--
        (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.

    (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.

(Added Pub. L. 99-433, title II, Sec. 211(a), Oct. 1, 1986, 100 Stat. 
1013; amended Pub. L. 100-456, div. A, title V, Sec. 519(a)(2), Sept. 
29, 1988, 102 Stat. 1972.)


                               Amendments

    1988--Subsec. (a)(1)(B). Pub. L. 100-456 substituted ``completed a 
full tour of duty in a joint duty assignment (as defined in section 
664(f) of this title)'' for ``served in at least one joint duty 
assignment (as defined under section 668(b) of this title)''.


                             Effective Date

    Section 214(c) of Pub. L. 99-433 provided that: ``Subsections (e), 
(f), and (g) of section 164 of title 10, United States Code (as added by 
section 211 of this Act), shall take effect at the end of the 90-day 
period beginning on the date of the enactment of this Act [Oct. 1, 
1986], or on such earlier date as may be prescribed by the Secretary of 
Defense.''


     Waiver of Qualifications for Assignment as Combatant Commander

    Section 214(b) of Pub. L. 99-433 authorized President, until Oct. 1, 
1990, to waive, on a case-by-case basis, certain requirements provided 
for in subsec. (a) of this section relating to assignment of commanders 
of combatant commands.

                  Section Referred to in Other Sections

    This section is referred to in sections 163, 165, 167, 664 of this 
title.
