§ 161. Combatant commands: establishment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title II § 211(a) · 100 Stat. 992

   Enacted · 10 U.S.C. § 161

   Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1012

   Source evidence

   Code source credit
   Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1012

   Enacted provision · exact public law section
   (a) In General.— Part I of subtitle A is amended by inserting after 10 USC 101 et seq. chapter 5 the following new chapter: “CHAPTER 6— COMBATANT COMMANDS “Sec. “161. Combatant commands: establishment. “162. Combatant commands: assigned forces: chain of command. “163. Role of Chairman of Joint Chiefs of Staff. “164. Commanders of combatant commands: assignment; powers and duties. “165. Combatant commands: administration and support. “166. Combatant commands: budget proposals. “§ 161. Combatant commands: establishment “(a) Unified and Specified Combatant Commands.— President of U.S. 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 forcestructures as may be necessary. “(2) President of U.S. 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 ofan 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. “§ 162. Combatant commands: assigned forces; chain of command “(a) Assignment of Forces.— (1) Except as provided in paragraph (2), the Secretaries of the military departments shall assign all forces under their jurisdiction to unified and specified combatant commands to perform missions assigned to those commands. Such assignments shall be made as directed by the Secretary of Defense, including direction as to the command to which forces are to be assigned. The Secretary of Defense shall ensure that such assignments are consistent with the force structure prescribed by the President for each combatant command. “(2) Except as otherwise directed by the Secretary of Defense, forces to be assigned by the Secretaries of the military departments to the combatant commands under paragraph (1) do not include forces assigned to carry out functions of the Secretary of a military department listed in sections 3013(b), 5013(b), and 8013(b) of this title. “(3) A force assigned to a combatant 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 operating within the geographic area assigned to a unified combatant command shall be assigned to, and 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. “§ 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. “§ 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 served in at least one joint duty assignment (as defined under section 668(b) 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 bis 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 orga.imation, 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 (I) shall communicate with other elements of the Depart,. ment 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 10 USC 601. 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 10 USC 601. 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. “§ 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 partof 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. “§ 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 or 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 tobe 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.”.

2. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title IX § 912 · 136 Stat. 2395

   Amended · 10 U.S.C. § 161(b)(2)

   Pub. L. 117–263 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except during time of hostilities or imminent threat of hostilities, the President shall notify Congress not more than 60 days after—

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 117–263 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

   Enacted provision · exact public law section
   SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND PLAN.   Paragraph (2) of section 161(b) of title 10, United States Code, is amended to read as follows: “(2) Except during time of hostilities or imminent threat of hostilities, the President shall— “(A) not more than 60 days after establishing a new combatant command— “(i) notify Congress of the establishment of such command; and “(ii) provide to Congress a briefing on the establishment of such command; and “(B) not more than 60 days after significantly revising the missions, responsibilities, or force structure of an existing combatant command— “(i) notify Congress of such revisions; and “(ii) provide to Congress a briefing on such revisions.” .

2 of 2 references resolved to an enrolled provision