10 U.S.C. § 167
1See References in Text note below.
10 U.S.C. § 167
EDITORIAL NOTES
REFERENCES IN TEXTChapter 137 of this title, referred to in subsec. (e)(4)(B), was repealed by Pub. L. 116-283, div. A, title XVIII, §1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganization of acquisition provisions in this title by Pub. L. 116-283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of "chapter 137 legacy provisions", see section 3016 of this title.The National Security Act of 1947, referred to in subsec. (h), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables.
CODIFICATIONPub. L. 99-591 is a corrected version of Pub. L. 99-500.Pub. L. 99-661 and Pub. L. 99-500 added identical sections.
AMENDMENTS2016-Subsec. (e)(2). Pub. L. 114-328, §922(c)(1)(A), substituted "Subject to the authority, direction, and control of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the commander" for "The commander" in introductory provisions. Subsec. (e)(2)(J). Pub. L. 114-328, §922(c)(1)(B), added subpar. (J) and struck out former subpar. (J) which read as follows: "Monitoring the promotions, assignments, retention, training, and professional military education of special operations forces officers."Subsecs. (f) to (l). Pub. L. 114-328, §922(c)(2), added subsec. (f) and redesignated former subsecs. (f) to (k) as (g) to (l), respectively. 2014-Subsec. (g). Pub. L. 113-291 substituted "(50 U.S.C. 3091 et seq.)" for "(50 U.S.C. 413 et seq.)". 2013-Subsec. (e)(4)(C)(ii). Pub. L. 113-66 inserted "responsible to the commander for rapidly delivering acquisition solutions to meet validated special operations-peculiar requirements, subordinate to the Defense Acquisition Executive in matters of acquisition, subject to the same oversight as the service acquisition executives, and" after "shall be".2011-Subsec. (j)(6). Pub. L. 112-81 added par. (6) and struck out former par. (6) which read as follows: "Psychological operations."2008-Subsec. (e)(4)(C), (D). Pub. L. 110-181 added subpar. (C) and redesignated former subpar. (C) as (D).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."(B) Training assigned forces. "(C) Conducting specialized courses of instruction for commissioned and noncommissioned officers."(D) Validating requirements."(E) Establishing priorities for requirements."(F) Ensuring combat readiness. "(G) Developing and acquiring special operations-peculiar equipment and acquiring special operations-peculiar 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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Pub. L. 99-500, §101(c) [title IX, §9115(i)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-125, Pub. L. 99-591, §101(c) [title IX, §9115(i)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-125, and Pub. L. 99-661, div. A, title XIII, §1311(i), Nov. 14, 1986, 100 Stat. 3986, 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]."
REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL OPERATIONS FORCES Pub. L. 117-263, div. A, title V, §538, Dec. 23, 2022, 136 Stat. 2577, provided that:"(a) REVIEW REQUIRED.-The Secretary of Defense shall direct the covered officials to review (and, if a covered official determines it necessary, update guidance and processes) matters described in section 167(e)(2)(J) of title 10, United States Code. The covered officials shall complete such review (and update) not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022]."(b) ELEMENTS OF REVIEW.-The review and updates under subsection (a) shall address the respective roles of the military departments and the United States Special Operations Command with respect to the following:"(1) Coordination between special operations command and the military departments regarding recruiting and retention to ensure that personnel requirements of special operations forces and the military departments are met appropriately."(2) Opportunities for members of special operations forces to enroll in professional military education. "(3) Promotion opportunities for members of special operations forces and an assessment of whether such opportunities are adequate to fulfill staffing requirements of special operations forces."(4) Data sharing between the military departments and special operations command with respect to special operations forces personnel."(5) Any other matter the Secretary of Defense determines appropriate. "(c) REPORT REQUIRED.-Not later than 90 days after completing the review (and any updates) under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on such review and any resulting updates to guidance and processes. The report shall also include any recommendations of the Secretary regarding matters described in subsection (a) or (b). "(d) DEFINITIONS.-In this section:"(1) The term 'covered officials' means- "(A) the Secretaries of the military departments; "(B) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict; and"(C) the Commander of special operations command."(2) The term 'special operations command' has the meaning given that term in section 167(a) of title 10, United States Code."(3) The term 'special operations forces' means the forces described in section 167(j) of title 10, United States Code."
PROCESSES AND PROCEDURES FOR NOTIFICATIONS REGARDING SPECIAL OPERATIONS FORCES Pub. L. 116-92, div. A, title XVII, §1745, Dec. 20, 2019, 133 Stat. 1842, provided that: "(a) IN GENERAL.-Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall establish and submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] processes and procedures for providing notifications to the committees regarding members of special operations forces, as identified in section 167(j) of title 10, United States Code."(b) PROCESSES AND PROCEDURES.-The processes and procedures established under subsection (a) shall-"(1) clarify the roles and responsibilities of the Secretaries of the military departments, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, and the Commander of United States Special Operations Command;"(2) provide guidance relating to the types of matters that would warrant congressional notification, including awards, reprimands, incidents, and any other matters the Secretary determines necessary;"(3) be consistent with the national security of the United States; "(4) be designed to protect sensitive information during an ongoing investigation;"(5) account for the privacy of members of the Armed Forces; and "(6) take in to account existing processes and procedures for notifications to the congressional defense committees regarding members of the conventional Armed Forces."
MEMORANDA OF AGREEMENT ON IDENTIFICATION AND DEDICATION OF ENABLING CAPABILITIES OF GENERAL PURPOSE FORCES TO FULFILL CERTAIN REQUIREMENTS OF SPECIAL OPERATIONS FORCES Pub. L. 112-81, div. A, title IX, §904, Dec. 31, 2011, 125 Stat. 1533, provided that:"(a) REQUIREMENT.-By not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011] and annually thereafter, each Secretary of a military department shall enter into a memorandum of agreement with the Commander of the United States Special Operations Command that identifies or establishes processes and associated milestones by which numbers and types of enabling capabilities of the general purpose forces of the Armed Forces under the jurisdiction of such Secretary can be identified and dedicated to fulfill the training and operational requirements of special operations forces under the United States Special Operations Command. "(b) FORMAT.-Such agreements may be accomplished in an annex to existing memoranda of agreement or through separate memoranda of agreement."
COUNTERTERRORISM OPERATIONAL BRIEFING REQUIREMENT Pub. L. 112-81, div. A, title X, §1031, Dec. 31, 2011, 125 Stat. 1570, required the Secretary of Defense, beginning not later than March 1, 2012, to provide to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives quarterly briefings outlining Department of Defense counterterrorism operations and related activities involving special operations forces, prior to repeal by Pub. L. 113-66, div. A, title X, §1042(b), Dec. 26, 2013, 127 Stat. 857.
ANNUAL REPORTS ON USE OF COMBAT MISSION REQUIREMENTS FUNDS Pub. L. 111-383, div. A, title I, §123, Jan. 7, 2011, 124 Stat. 4158, as amended by Pub. L. 112-81, div. A, title I, §145, Dec. 31, 2011, 125 Stat. 1326; Pub. L. 114-328, div. A, title I, §145, Dec. 23, 2016, 130 Stat. 2042, provided that:"(a) ANNUAL REPORTS REQUIRED.-"(1) IN GENERAL.-Not later than 30 days after the end of each fiscal year, the commander of the United States Special Operations Command shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the use of Combat Mission Requirements funds during the preceding fiscal year."(2) COMBAT MISSION REQUIREMENTS FUNDS.-For purposes of this section, Combat Mission Requirements funds are amounts available to the Department of Defense for Defense-wide procurement in the Combat Mission Requirements subaccount of the Defense-wide Procurement account."(b) ELEMENTS.-Each report under subsection (a) shall include, for the fiscal year covered by such report, the following:"(1) The balance of the Combat Mission Requirements subaccount at the beginning of such year."(2) The balance of the Combat Mission Requirements subaccount at the end of such year."(3) Any transfer of funds into or out of the Combat Mission Requirements subaccount during such year, including the source of any funds transferred into the subaccount, and the objective of any transfer of funds out of the subaccount."(4) A description of any requirement-"(A) approved for procurement using Combat Mission Requirements funds during such year; or"(B) procured using such funds during such year."(5) With respect to each description of a requirement under paragraph (4), the amount of Combat Mission Requirements funds committed to the procurement or approved procurement of such requirement."(6) A table setting forth the Combat Mission Requirements approved during the fiscal year in which such report is submitted and the two preceding fiscal years, including for each such Requirement-"(A) the title of such Requirement; "(B) the date of approval of such Requirement; and "(C) the amount of funding approved for such Requirement, and the source of such approved funds."(7) A statement of the amount of any unspent Combat Mission Requirements funds from the fiscal year in which such report is submitted and the two preceding fiscal years. "(c) FORM.-Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex."[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 123 of Pub. L. 111-383, set out above, see section 1061 of Pub. L. 114-328, set out as a note under section 111 of this title.]
RESOURCES FOR CINCSOFPub. L. 100-180, div. A, title XII, §1211(b), Dec. 4, 1987, 101 Stat. 1155, as amended by Pub. L. 104-106, div. A, title IX, §903(f)(5), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201, div. A, title IX, §901, Sept. 23, 1996, 110 Stat. 2617, 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 operations-peculiar material, supplies, and services."(2) Providing advice and assistance to the Assistant 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))."
MAJOR FORCE PROGRAM CATEGORY; PROGRAM AND BUDGET EXECUTION; GRADE FOR COMMANDERS OF CERTAIN AREA SPECIAL OPERATIONS COMMANDS Pub. L. 102-484, div. A, title IX, §936(a), (b), Oct. 23, 1992, 106 Stat. 2479, provided that, during the period beginning on Feb. 1, 1993, and ending on Feb. 1, 1995, the provisions of Pub. L. 99-661, §1311(e), set out below, would 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, and required the Secretary of Defense to 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 not later than Mar. 1, 1994.Pub. L. 100-180, div. A, title XII, §1211(e), Dec. 4, 1987, 101 Stat. 1156, directed that the major force program category for special operations forces of the Five-Year Defense Plan of the Department of Defense created pursuant to Pub. L. 99-661, §1311(c), set out below, was to be created not later than 30 days after Dec. 4, 1987, and required the Secretary of Defense to submit to committees of Congress on such date a report explaining the program recommendations and budget proposals included in such category and a certification that all program recommendations and budget proposals for special operations forces had been included. Pub. L. 99-661, div. A, title XIII, §1311(c)-(e), Nov. 14, 1986, 100 Stat. 3985, 3986, 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 Five-Year 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 [now United States Indo-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 CONDUCT SPECIAL OPERATIONS AND ENGAGE IN LOW INTENSITY CONFLICTSPub. L. 99-500, §101(c) [title IX, §9115(h)(2)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-125, Pub. L. 99-591, §101(c) [title IX, §9115(h)(2)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-125, and Pub. L. 99-661, div. A, title XIII, §1311(h)(2), Nov. 14, 1986, 100 Stat. 3986, required President, not later than one year after the date of enactment, 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.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- flag officer
- The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- officer
- The term "officer" means a commissioned or warrant officer.
- supplies
- The term "supplies" includes material, equipment, and stores of all kinds.