10 U.S.C. § 167 : US Code - Section 167: Unified combatant command for special operations forces

Search 10 U.S.C. § 167 : US Code - Section 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)(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.