cluding 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 2011 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.) AMENDMENTS 1991-Subsec. (c). Pub. L. 102-190 added subsec. (c). EFFECTIVE DATE Section 214(d) of Pub. L. 99-433 provided that: "Section 166 of title 10, United States Code (as added by section 211 of this Act), shall take effect with budget proposals for fiscal year 1989." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 153, 167 of this title. § 166a. Combatant commands: funding through the Chairman of Joint Chiefs of Staff (a) CINC INITIATIVE FUND.-From funds made available in any fiscal year for the budget account in the Department of Defense known as the "CINC 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). (1) Force training. (2) Contingencies. (3) Selected operations. (4) Command and control. (5) Joint exercises (including activities of participating foreign countries). (6) Humanitarian and civil 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. (c) PRIORITY.-The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the CINC 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; and (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. (d) RELATIONSHIP TO OTHER FUNDING.-Any amount provided by the Chairman of the Joint Chiefs of Staff during any fiscal year out of the CINC 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 $7,000,000 may be used to purchase items with a unit cost in excess of $15,000; (B) not more than $1,000,000 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 $2,000,000 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.) AMENDMENTS 1993-Subsec. (a). Pub. L. 103-35, § 201(a)(1), substituted "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" for "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 to the Director of the Joint Staff with respect to an area or areas not within the area of responsibility of a commander of a combatant command." Subsec. (b)(7). Pub. L. 103-35, § 201(a)(2), struck out second of two identical parenthetical phrases at end of par. (7) which read as follows: "(including transportation, translation, and administrative expenses)". 1992-Subsec. (a). Pub. L. 102-484, § 934(a), which directed substitution of "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." for "funds, upon request," and all that follows through the period, could not be executed because the words did not appear subsequent to the amendment by Pub. L. 102-396, § 9128(a). See below. Pub. L. 102-396, § 9128(a), substituted "funds to the commander of a combatant command, upon the request of the commander, or to the Director of the Joint Staff with respect to an area or areas not within the area of responsibility of a commander of a combatant command." for "funds, upon request, to the commanders of the combatant commands." Subsec. (b)(7). Pub. L. 102-396, § 9128(b), and Pub. L. 102-484, § 934(b), both inserted before period at end "(including transportation, translation, and administrative expenses)". Subsec. (c). Pub. L. 102-484, § 934(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the CINC Initiative Fund, should give priority consideration to 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 (c) PRIORITY.-The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the CINC Initiative Fund or the provision of funds to the Director of the Joint Staff under subsection (a), 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; and "(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..[sic]" Pub. L. 102-396, § 9128(c), inserted before period at end "(c) PRIORITY.-The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the CINC Initiative Fund or the provision of funds to the Director of the Joint Staff under subsection (a), 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; and "(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." Subsec. (e)(1)(C). Pub. L. 102-484, § 934(d), amended subpar. (C) generally. Prior to amendment, subsec. (C) read as follows: "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)." Pub. L. 102-396, § 9128(d), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "not more than $500,000 may be used to provide military education and training to military and related civilian personnel of foreign countries as authorized by subsection (b)(7).” § 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. (8) 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. (6) Psychological operations. (8) Humanitarian assistance. (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, § 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.) 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 (§ 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. "(C) Conducting specialized courses of instruction for commissioned and noncommissioned officers. "(D) Validating requirements. "(E) Establishing priorities for requirements. "(G) Developing and acquiring special operationspeculiar equipment and acquiring special operationspeculiar 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) [§ 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 Pub. L. 102-484, div. A, title IX, § 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 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 operationspeculiar material, supplies, and services. “(2) Providing advice and assistance to the Assist ant 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 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 FiveYear 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) [§ 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, § 936(c), Oct. 23, 1992, 106 Stat. 2479.] REPORT ON CAPABILITIES OF UNITED STATES TO CON- Section 101(c) [§ 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 of this title. 8168. Military-to-military contacts and comparable activities (a) PROGRAM AUTHORITY.-The Secretary of Defense may conduct military-to-military contacts and comparable activities that are designed to encourage a democratic orientation of defense establishments and military forces of other countries. (b) ADMINISTRATION.-The Secretary may provide funds appropriated for carrying out subsection (a) to the following officials for use as provided in subsection (c): (1) The commander of a combatant command, upon the request of the commander. (2) An officer designated by the Chairman of the Joint Chiefs of Staff, with respect to an area or areas not under the area of responsibility of a commander of a combatant command. (3) The head of any Department of Defense component. (c) AUTHORIZED ACTIVITIES.-An official provided funds under subsection (b) may use those funds for the following activities and expenses: (1) The activities of traveling contact teams, including any transportation expense, translation services expense, or administrative expense that is related to such activities. (2) The activities of military liaison teams. (3) Exchanges of civilian or military personnel between the Department of Defense and defense ministries of foreign governments. (4) Exchanges of military personnel between units of the armed forces and units of foreign armed forces. (5) Seminars and conferences held primarily in a theater of operations. (6) Distribution of publications primarily in a theater of operations. (7) Personnel expenses for Department of Defense civilian and military personnel to the extent that those expenses relate to participation in an activity described in paragraph (3), (4), (5), or (6). (8) Reimbursement of military personnel appropriations accounts for the pay and allowances paid to reserve component personnel for service while engaged in any activity referred to in another paragraph of this subsection. (d) RELATIONSHIP TO OTHER FUNDING.-Any amount provided during any fiscal year to an official under subsection (b) for an activity or expense referred to in subsection (c) shall be in addition to amounts otherwise available for those activities and expenses for that fiscal year. (e) LIMITATIONS.-(1) Funds may not be provided under this section for a fiscal year for any activity for which (A) funding was proposed in the budget submitted to Congress for that fiscal year pursuant to section 1105(a) of title 31; and (B) Congress did not authorize appropriations. (2) An activity may not be conducted under this section with a foreign country unless the Secretary of State approves the conduct of such activity in that foreign country. (3) Funds may not be provided under this section for a fiscal year for any country that is not eligible in that fiscal year for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961. (4) Except for those activities specifically authorized under subsection (c), funds may not be used under this section for the provision of de |