10 U.S.C. § 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 Defense known as the “Combatant Commander Initiative 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 responsibility 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 coordination with the relevant chief of mission to the extent practicable, to include urgent and unanticipated humanitarian relief and reconstruction assistance.

(7)

Military education and training to military and related civilian personnel of foreign countries (including transportation, translation, and administrative expenses).

(8)

Personnel expenses of defense personnel for bilateral or regional cooperation programs.

(9)

Force protection.

(10)

Joint warfighting capabilities.

(11)

section 301(5) of this title section 301(7) of this title Incremental expenses (as such term is defined in ) related to security cooperation programs and activities of the Department of Defense (as such term is defined in ).

(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 activities that would enhance the war fighting capability, readiness, and sustainability of the forces assigned to the commander requesting the funds;

(2)

the provision of funds to be used for activities with respect to an area or areas not within the area of responsibility of a commander 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 urgent 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 Department of Defense, as authorized by subsection (b)(11), for United States Africa Command 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 participating 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 (including transportation, translation, and administrative expenses) to military and related civilian personnel of foreign countries as authorized by subsection (b)(7).

(2)

Funds may not be provided under this section for any activity that has been denied authorization by Congress.

(f)

Inclusion of NORAD .—

For purposes of this section, the Commander, United States Element, North American Aerospace Defense Command shall be considered to be a commander of a combatant command.

Pub. L. 102–190, div. A, title IX, § 902(a)Dec. 5, 1991105 Stat. 1450 Pub. L. 102–396, title IX, § 9128Oct. 6, 1992106 Stat. 1935 Pub. L. 102–484, div. A, title IX, § 934Oct. 23, 1992106 Stat. 2477 Pub. L. 103–35, title II, § 201(a)May 31, 1993107 Stat. 97 Pub. L. 105–85, div. A, title IX, § 902Nov. 18, 1997111 Stat. 1854 Pub. L. 108–136, div. A, title IX, § 902(a)(2)Nov. 24, 2003117 Stat. 1558 Pub. L. 109–364, div. A, title IX, § 902Oct. 17, 2006120 Stat. 2351 Pub. L. 111–84, div. A, title IX, § 904Oct. 28, 2009123 Stat. 2424 Pub. L. 114–328, div. A, title VIII, § 833(b)(1)(C)Dec. 23, 2016130 Stat. 2284 Pub. L. 117–81, div. A, title X, § 1002Dec. 27, 2021135 Stat. 1883 Pub. L. 118–31, div. A, title XII, § 1202(a)Dec. 22, 2023137 Stat. 441(Added , , ; amended , , ; , , ; , , ; , , ; , (b), (c), , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–31, § 1202(a)(1)2023—Subsec. (b)(11). , added par. (11).

Pub. L. 118–31, § 1202(a)(2)Subsec. (c)(4). , added par. (4).

Pub. L. 117–81, § 1002(1)2021—Subsec. (e)(1)(A). , substituted “$25,000,000” for “$20,000,000” and “$300,000” for “$250,000”.

Pub. L. 117–81, § 1002(2)Subsec. (e)(1)(B). , substituted “$15,000,000” for “$10,000,000”.

Pub. L. 117–81, § 1002(3)Subsec. (e)(1)(C). , substituted “$10,000,000” for “$5,000,000”.

Pub. L. 114–328 section 2245a of this title2016—Subsec. (e)(1)(A). substituted “$250,000” for “the investment unit cost threshold in effect under ”.

Pub. L. 111–84, § 904(b)2009—Subsec. (b)(6). , inserted “in coordination with the relevant chief of mission to the extent practicable,” after “assistance,”.

Pub. L. 111–84, § 904(a)section 2245a of this titleSubsec. (e)(1)(A). , substituted “$20,000,000” for “$10,000,000” and “the investment unit cost threshold in effect under ” for “$15,000”.

Pub. L. 109–364, § 902(a)2006—Subsec. (b)(6). , substituted “civic assistance, to include urgent and unanticipated humanitarian relief and reconstruction assistance” for “civil assistance”.

Pub. L. 109–364, § 902(b)Subsec. (c)(3). , added par. (3).

Pub. L. 108–136, § 902(a)(2)Combatant Commander Initiative FundCINC Initiative Fund2003—Subsec. (a). , substituted “” for “” in heading and “Combatant Commander Initiative Fund” for “CINC Initiative Fund” in first sentence.

Pub. L. 108–136, § 902(b)Subsec. (b)(10). , added par. (10).

Pub. L. 108–136, § 902(a)(2)(B)Subsecs. (c), (d). , substituted “Combatant Commander Initiative Fund” for “CINC Initiative Fund”.

Pub. L. 108–136, § 902(c)(1)Subsec. (e)(1)(A). , substituted “$10,000,000” for “$7,000,000”.

Pub. L. 108–136, § 902(c)(2)Subsec. (e)(1)(B). , substituted “$10,000,000” for “$1,000,000”.

Pub. L. 108–136, § 902(c)(3)Subsec. (e)(1)(C). , substituted “$5,000,000” for “$2,000,000”.

Pub. L. 105–851997—Subsec. (b)(9). added par. (9).

Pub. L. 103–35, § 201(a)(1)1993—Subsec. (a). , substituted “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 responsibility of a commander of a combatant command, to an officer designated by the Chairman of the Joint Chiefs of Staff for such purpose” for “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 to the Director of the Joint Staff with respect to an area or areas not within the area of responsibility of a commander of a combatant command.”

Pub. L. 103–35, § 201(a)(2)Subsec. (b)(7). , struck out second of two identical parenthetical phrases at end of par. (7) which read as follows: “(including transportation, translation, and administrative expenses)”.

Pub. L. 102–484, § 934(a)Pub. L. 102–396, § 9128(a)1992—Subsec. (a). , which directed substitution of “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 responsibility of a commander of a combatant command, to an officer designated by the Chairman of the Joint Chiefs of Staff for such purpose.” for “funds, upon request,” and all that follows through the period, could not be executed because the words did not appear subsequent to the amendment by . See below.

Pub. L. 102–396, § 9128(a), substituted “funds to the commander of a combatant command, upon the request of the commander, or to the Director of the Joint Staff with respect to an area or areas not within the area of responsibility of a commander of a combatant command.” for “funds, upon request, to the commanders of the combatant commands.”

Pub. L. 102–396, § 9128(b)Pub. L. 102–484, § 934(b)Subsec. (b)(7). , and , both inserted before period at end “(including transportation, translation, and administrative expenses)”.

Pub. L. 102–484, § 934(c)PrioritySubsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the CINC Initiative Fund, should give priority consideration to requests for funds to be used for activities that would enhance the war fighting capability, readiness, and sustainability of the forces assigned to the commander requesting the funds (c) .—The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the CINC Initiative Fund or the provision of funds to the Director of the Joint Staff under subsection (a), should give priority consideration to—

“(1) requests for funds to be used for activities that would enhance the war fighting capability, readiness, and sustainability of the forces assigned to the commander requesting the funds; and

“(2) the provision of funds to be used for activities with respect to an area or areas not within the area of responsibility of a commander of a combatant command that would reduce the threat to, or otherwise increase, the national security of the United States..[sic]”

Pub. L. 102–396, § 9128(c)Priority, inserted before period at end “(c) .—The Chairman of the Joint Chiefs of Staff, in considering requests for funds in the CINC Initiative Fund or the provision of funds to the Director of the Joint Staff under subsection (a), should give priority consideration to—

“(1) requests for funds to be used for activities that would enhance the war fighting capability, readiness, and sustainability of the forces assigned to the commander requesting the funds; and

Pub. L. 102–484, § 934(d)Subsec. (e)(1)(C). , amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “not more than $5,000,000 may be used to provide military education and training (including transportation, translation, and administrative expenses) to military and related civilian personnel of foreign countries as authorized by subsection (b)(7).”

Pub. L. 102–396, § 9128(d), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “not more than $500,000 may be used to provide military education and training to military and related civilian personnel of foreign countries as authorized by subsection (b)(7).”

Statutory Notes and Related Subsidiaries

Redesignation of CINC Initiative Fund

Pub. L. 108–136, div. A, title IX, § 902(a)(1)Nov. 24, 2003117 Stat. 1558

“(1)

section 166a of title 10 The CINC Initiative Fund administered under , United States Code, is redesignated as the ‘Combatant Commander Initiative Fund’.

“(3)

Any reference to the CINC Initiative Fund in any other provision of law or in any regulation, document, record, or other paper of the United States shall be considered to be a reference to the Combatant Commander Initiative Fund.”

, (3), , , provided that: