(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)(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 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) 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) 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.
(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.