10 U.S.C. § 166 — Combatant commands: budget proposals

Page 240 TITLE 10—ARMED FORCES § 165 A, title V, § 519(a)(2), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 110–181, div. A, title XVIII, § 1824(b), Jan. 28, 2008, 122 Stat. 501; Pub. L. 114–328, div. A, title V, § 516, title IX, § 921(e), Dec. 23, 2016, 130 Stat. 2113, 2354; Pub. L. 115–91, div. A, title X, § 1081(a)(10), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 118–31, div. A, title XVII, § 1722(a)(3), Dec. 22, 2023, 137 Stat. 667.) Editorial Notes AMENDMENTS 2023—Subsec. (e)(4). Pub. L. 118–31 designated existing provisions as subpar. (A), substituted ‘‘shall be—’’ and cls. (i) and (ii) for ‘‘shall be a qualified officer of a re- serve component of the armed forces who is eligible for promotion to the grade of O–9, unless a reserve compo- nent officer is serving as commander of that combatant command.’’, and added subpar. (B). 2017—Subsec. (a)(1)(B). Pub. L. 115–91 substituted ‘‘section 664(d)’’ for ‘‘section 664(f)’’. 2016—Subsec. (b)(3). Pub. L. 114–328, § 921(e)(1), added par. (3). Subsec. (e)(4). Pub. L. 114–328, § 516, substituted ‘‘a re- serve component of the armed forces’’ for ‘‘the National Guard’’ and ‘‘a reserve component officer’’ for ‘‘a Na- tional Guard officer’’. Subsec. (h). Pub. L. 114–328, § 921(e)(2), added subsec. (h). 2008—Subsec. (e)(4). Pub. L. 110–181 added par. (4). 1988—Subsec. (a)(1)(B). Pub. L. 100–456 substituted ‘‘completed a full tour of duty in a joint duty assign- ment (as defined in section 664(f) of this title)’’ for ‘‘served in at least one joint duty assignment (as de- fined under section 668(b) of this title)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–433, title II, § 214(c), Oct. 1, 1986, 100 Stat. 1019, provided that: ‘‘Subsections (e), (f), and (g) of sec- tion 164 of title 10, United States Code (as added by sec- tion 211 of this Act), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act [Oct. 1, 1986], or on such earlier date as may be prescribed by the Secretary of Defense.’’ CONSIDERATION OF RESERVE COMPONENT OFFICERS FOR APPOINTMENT TO CERTAIN COMMAND POSITIONS Pub. L. 112–81, div. A, title V, § 518, Dec. 31, 2011, 125 Stat. 1397, provided that: ‘‘Whenever officers of the Armed Forces are considered for appointment to the position of Commander, Army North Command or Com- mander, Air Force North Command, fully qualified offi- cers of the National Guard and the Reserves shall be considered for appointment to such position.’’ SENSE OF CONGRESS Pub. L. 110–181, div. A, title XVIII, § 1824(a), Jan. 28, 2008, 122 Stat. 501, provided that: ‘‘It is the sense of Con- gress that, whenever officers of the Armed Forces are considered for promotion to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active duty list, officers in the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade.’’ WAIVER OF QUALIFICATIONS FOR ASSIGNMENT AS COMBATANT COMMANDER Pub. L. 99–433, title II, § 214(b), Oct. 1, 1986, 100 Stat. 1018, authorized President, until Oct. 1, 1990, to waive, on a case-by-case basis, certain requirements provided for in subsec. (a) of this section relating to assignment of commanders of combatant commands. § 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 MILI- TARY DEPARTMENTS.—Subject to the authority, direction, and control of the Secretary of De- fense and subject to the authority of com- manders of the combatant commands under sec- tion 164(c) of this title, the Secretary of a mili- tary department is responsible for the adminis- tration 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 responsi- bility (or any part of 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 compo- nent assigned such a responsibility shall dis- charge that responsibility subject to the author- ity, direction, and control of the Secretary of Defense and subject to the authority of com- manders of the combatant commands under sec- tion 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 Sec- retary 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. Ac- tivities of a combatant command for which funding may be requested in such a proposal in- clude 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 sub- section (b)(2) may include amounts for training expense payments authorized in section 322 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; Pub. L. 115–91, div. A, title X, § 1081(a)(11), Dec. 12, 2017, 131 Stat. 1594.) Page 241 TITLE 10—ARMED FORCES § 166a Editorial Notes AMENDMENTS 2017—Subsec. (c). Pub. L. 115–91 substituted ‘‘section 322’’ for ‘‘section 2011’’. 1991—Subsec. (c). Pub. L. 102–190 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–433, title II, § 214(d), Oct. 1, 1986, 100 Stat. 1019, 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.’’ § 166a. Combatant commands: funding through the Chairman of Joint Chiefs of Staff (a) COMBATANT COMMANDER INITIATIVE FUND.— From funds made available in any fiscal year for the budget account in the Department of De- fense known as the ‘‘Combatant Commander Ini- tiative 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 responsi- bility 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). (b) AUTHORIZED ACTIVITIES.—Activities for which funds may be provided under subsection (a) are the following: (1) Force training. (2) Contingencies. (3) Selected operations. (4) Command and control. (5) Joint exercises (including activities of participating foreign countries). (6) Humanitarian and civic assistance, in co- ordination with the relevant chief of mission to the extent practicable, to include urgent and unanticipated humanitarian relief and re- construction assistance. (7) Military education and training to mili- tary and related civilian personnel of foreign countries (including transportation, trans- lation, and administrative expenses). (8) Personnel expenses of defense personnel for bilateral or regional cooperation programs. (9) Force protection. (10) Joint warfighting capabilities. (11) Incremental expenses (as such term is defined in section 301(5) of this title) related to security cooperation programs and activities of the Department of Defense (as such term is defined in section 301(7) of this title). (c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the Combatant Commander Initiative Fund, should give priority consideration to— (1) requests for funds to be used for activi- ties that would enhance the war fighting capa- bility, readiness, and sustainability of the forces assigned to the commander requesting the funds; (2) the provision of funds to be used for ac- tivities with respect to an area or areas not within the area of responsibility of a com- mander of a combatant command that would reduce the threat to, or otherwise increase, the national security of the United States; (3) the provision of funds to be used for ur- gent and unanticipated humanitarian relief and reconstruction assistance, particularly in a foreign country where the armed forces are engaged in a contingency operation; and (4) incremental expenses related to security cooperation programs and activities of the De- partment of Defense, as authorized by sub- section (b)(11), for United States Africa Com- mand and United States Southern Command. (d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided by the Chairman of the Joint Chiefs of Staff during any fiscal year out of the Combatant Commander 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 $25,000,000 may be used to purchase items with a unit cost in excess of $300,000; (B) not more than $15,000,000 may be used to pay for any expenses of foreign countries par- ticipating in joint exercises as authorized by subsection (b)(5); and (C) not more than $10,000,000 may be used to provide military education and training (in- cluding transportation, translation, and ad- ministrative expenses) to military and related civilian personnel of foreign countries as au- thorized by subsection (b)(7). (2) Funds may not be provided under this sec- tion for any activity that has been denied au- thorization by Congress. (f) INCLUSION OF NORAD.—For purposes of this section, the Commander, United States Ele- ment, North American Aerospace Defense Com- mand 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; Pub. L. 105–85, div. A, title IX, § 902, Nov. 18, 1997, 111 Stat. 1854; Pub. L. 108–136, div. A, title IX, § 902(a)(2), (b), (c), Nov. 24, 2003, 117 Stat. 1558; Pub. L. 109–364, div. A, title IX, § 902, Oct. 17, 2006, 120 Stat. 2351; Pub. L. 111–84, div. A, title IX, § 904, Oct. 28, 2009, 123 Stat. 2424; Pub. L. 114–328, div. A, title VIII, § 833(b)(1)(C), Dec. 23, 2016, 130 Stat. 2284; Pub. L. 117–81, div. A, title X, § 1002, Dec. 27, 2021, 135 Stat. 1883; Pub. L. 118–31, div. A, title XII, § 1202(a), Dec. 22, 2023, 137 Stat. 441.) Editorial Notes AMENDMENTS 2023—Subsec. (b)(11). Pub. L. 118–31, § 1202(a)(1), added par. (11). Subsec. (c)(4). Pub. L. 118–31, § 1202(a)(2), added par. (4). 2021—Subsec. (e)(1)(A). Pub. L. 117–81, § 1002(1), sub- stituted ‘‘$25,000,000’’ for ‘‘$20,000,000’’ and ‘‘$300,000’’ for ‘‘$250,000’’. Subsec. (e)(1)(B). Pub. L. 117–81, § 1002(2), substituted ‘‘$15,000,000’’ for ‘‘$10,000,000’’.