
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC167]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                      CHAPTER 6--COMBATANT COMMANDS
 
Sec. 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) 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, assignments, retention, training, 
    and professional military education of special operations forces 
    officers.

    (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) 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) 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.

    (g) 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. 413 et seq.).
    (h) 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.
    (i) 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.
    (j) 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) Psychological 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.

    (k) 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, Sec. 101(c) [title IX, Sec. 9115(b)(1)], Oct. 18, 
1986, 100 Stat. 1783-82, 1783-122, and Pub. L. 99-591, Sec. 101(c) 
[title IX, Sec. 9115(b)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-122; 
Pub. L. 99-661, div. A, title XIII, Sec. 1311(b)(1), Nov. 14, 1986, 100 
Stat. 3983; amended Pub. L. 100-180, div. A, title XII, Sec. 1211(d), 
Dec. 4, 1987, 101 Stat. 1156; Pub. L. 100-456, div. A, title VII, 
Sec. 712, Sept. 29, 1988, 102 Stat. 1997; Pub. L. 102-88, title VI, 
Sec. 602(c)(3), Aug. 14, 1991, 105 Stat. 444; Pub. L. 103-337, div. A, 
title IX, Sec. 925, Oct. 5, 1994, 108 Stat. 2832.)

                       References in Text

    The National Security Act of 1947, referred to in subsec. (g), is 
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the Act 
is classified generally to subchapter III (Sec. 413 et seq.) of chapter 
15 of Title 50, War and National Defense. For complete classification of 
this Act to the Code, see Short Title note set out under section 401 of 
Title 50 and Tables.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
    Pub. L. 99-661 and Pub. L. 99-500 added identical sections.


                               Amendments

    1994--Subsec. (k). Pub. L. 103-337 added subsec. (k).
    1991--Subsec. (g). Pub. L. 102-88 substituted ``would require a 
notice'' for ``would require--
        ``(1) a finding under section 662 of the Foreign Assistance Act 
    of 1961 (22 U.S.C. 2422); or
        ``(2) a notice'' and ``title V of the National Security Act of 
    1947 (50 U.S.C. 413 et seq.)'' for ``section 501(a)(1) of the 
    National Security Act of 1947 (50 U.S.C. 413)''.
    1988--Subsec. (e). Pub. L. 100-456 revised and restated subsec. (e). 
Prior to amendment, subsec. (e) read as follows:
    ``(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, including the 
following functions:
        ``(A) Developing strategy, doctrine, and tactics.
        ``(B) Training assigned forces.
        ``(C) Conducting specialized courses of instruction for 
    commissioned and noncommissioned officers.
        ``(D) Validating requirements.
        ``(E) Establishing priorities for requirements.
        ``(F) Ensuring combat readiness.
        ``(G) Developing and acquiring special operations-peculiar 
    equipment and acquiring special operations-peculiar material, 
    supplies, and services.
        ``(H) Ensuring the interoperability of equipment and forces.
        ``(I) Formulating and submitting requirements for intelligence 
    support.
        ``(J) Monitoring the promotions, assignments, retention, 
    training, and professional military education of special operations 
    forces officers.
    ``(2) The commander of such command shall be responsible for 
monitoring the preparedness of special operations forces assigned to 
other unified combatant commands to carry out assigned missions.
    ``(3) Subject to the authority, direction, and control of the 
Secretary of Defense, the commander of the command, in carrying out his 
functions under paragraph (1)(G), shall have authority to exercise the 
functions of the head of an agency under chapter 137 of this title. 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.''
    1987--Subsec. (e)(3). Pub. L. 100-180 added par. (3).


                             Effective Date

    Section 101(c) [Sec. 9115(i)] of Pub. L. 99-500 and Pub. L. 99-591, 
and section 1311(i) of Pub. L. 99-661, provided that: ``Section 167 of 
title 10, United States Code (as added by subsection (b)), shall be 
implemented not later than 180 days after the date of the enactment of 
this Act [Oct. 18, 1986].''


        Grade of Certain Commanders of Special Operations Forces

    Pub. L. 102-484, div. A, title IX, Sec. 936(a), (b), Oct. 23, 1992, 
106 Stat. 2479, provided that:
    ``(a) Grade for Certain Regional SOF Commanders.--During the period 
beginning on February 1, 1993, and ending on February 1, 1995, the 
provisions of section 1311(e) of the National Defense Authorization Act 
for Fiscal Year 1987 [Pub. L. 99-661] (10 U.S.C. 167 note) shall apply 
as if the Secretary of Defense had designated the United States Southern 
Command and the United States Central Command for the purposes of that 
section.
    ``(b) Report.--Not later than March 1, 1994, the Secretary of 
Defense shall submit to Congress a report setting forth the Secretary's 
recommendations for the grade structure for the special operations 
forces component commander for each unified command, particularly as to 
whether each such commander should be of general or flag officer 
grade.''


                          Resources for CINCSOF

    Section 1211(b) of Pub. L. 100-180, as amended by Pub. L. 104-106, 
div. A, title IX, Sec. 903(f)(5), Feb. 10, 1996, 110 Stat. 402; Pub. L. 
104-201, div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617, 
provided that: ``The Secretary of Defense shall provide sufficient 
resources for the commander of the unified combatant command for special 
operations forces established pursuant to section 167 of title 10, 
United States Code, to carry out his duties and responsibilities, 
including particularly his duties and responsibilities relating to the 
following functions:
        ``(1) Developing and acquiring special operations-peculiar 
    equipment and acquiring special operations-peculiar material, 
    supplies, and services.
        ``(2) Providing advice and assistance to the Assistant Secretary 
    of Defense for Special Operations and Low Intensity Conflict in the 
    Assistant Secretary's overall supervision of the preparation and 
    justification of the program recommendations and budget proposals 
    for special operations forces.
        ``(3) Managing assigned resources from the major force program 
    category for special operations forces of the Five-Year Defense Plan 
    of the Department of Defense (as required to be created pursuant to 
    subsection (e)).''


                        Resources and Programming

    Section 1211(e) of Pub. L. 100-180 provided that:
    ``(1) The major force program category for special operations forces 
of the Five-Year Defense Plan of the Department of Defense, to be 
created pursuant to section 1311(c) of the National Defense 
Authorization Act for Fiscal Year 1987 (Public Law 99-661) [set out 
below], shall be created not later than 30 days after the date of the 
enactment of this Act [Dec. 4, 1987].
    ``(2) On the date that such major force program category is created, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives--
        ``(A) a certification that all program recommendations and 
    budget proposals for special operations forces are included in such 
    category; and
        ``(B) a report explaining the program recommendations and budget 
    proposals that have been included in such category.''


 Major Force Program Category; Program and Budget Execution; Grade for 
         Commanders of Certain Area Special Operations Commands

    Section 1311(c)-(e) of Pub. L. 99-661 provided that:
    ``(c) Major Force Program Category.--The Secretary of Defense shall 
create for the special operations forces a major force program category 
for the Five-Year Defense Plan of the Department of Defense. The 
Assistant Secretary of Defense for Special Operations and Low Intensity 
Conflict, with the advice and assistance of the commander of the special 
operations command, shall provide overall supervision of the preparation 
and justification of program recommendations and budget proposals to be 
included in such major force program category.
    ``(d) Program and Budget Execution.--To the extent that there is 
authority to revise programs and budgets approved by Congress for 
special operations forces, such authority may be exercised only by the 
Secretary of Defense, after consulting with the commander of the special 
operations command.
    ``(e) Grade for Commanders of Certain Area Special Operations 
Commands.--The commander of the special operations command of the United 
States European Command, the United States Pacific Command, and any 
other unified combatant command that the Secretary of Defense may 
designate for the purposes of this section shall be of general or flag 
officer grade.''
    [Identical provisions were contained in section 101(c) 
[Sec. 9115(c)-(e)] of Pub. L. 99-500 and Pub. L. 99-591, which was 
repealed by Pub. L. 102-484, div. A, title IX, Sec. 936(c), Oct. 23, 
1992, 106 Stat. 2479.]


 Report on Capabilities of United States To Conduct Special Operations 
                  and Engage in Low Intensity Conflicts

    Section 101(c) [Sec. 9115(h)(2)] of Pub. L. 99-500 and Pub. L. 99-
591, and section 1311(h)(2) of Pub. L. 99-661, required President, not 
later than one year after Oct. 1, 1986, to transmit to Congress a report 
on capabilities of United States to conduct special operations and 
engage in low intensity conflicts, the report to include a description 
of deficiencies in such capabilities, actions being taken throughout 
executive branch to correct such deficiencies, the principal low 
intensity conflict threats to interests of United States, and the 
actions taken and to be taken to implement this section.

                  Section Referred to in Other Sections

    This section is referred to in sections 138, 2011, 2680, 10171, 
10172, 10173, 10174 of this title.
