§166a — Title 10 Armed Forces | U.S. Code

Summary

The Chairman of the Joint Chiefs of Staff can give money from the Combatant Commander Initiative Fund to a combatant commander when that commander asks, or to an officer the Chairman picks for areas not under any commander. That money can pay for 11 kinds of activities, including force training, contingencies and selected operations, command and control, joint exercises (including some costs for foreign participants), humanitarian and civic assistance (including urgent relief), military education and training for foreign military and related civilians (including transport, translation, and admin), personnel costs for cooperation programs, force protection, joint warfighting capabilities, and incremental expenses for security cooperation programs. When deciding requests, the Chairman should put first requests that improve a commander’s warfighting ability, readiness, and sustainability; requests for activities outside a commander’s area that reduce threats or help U.S. national security; urgent and unplanned humanitarian relief and reconstruction (especially where U.S. forces are in a contingency); and incremental security cooperation costs for United States Africa Command and United States Southern Command. Money from this fund is extra to other available funds. In any year, not more than $25,000,000 may buy items that cost over $300,000 each, not more than $15,000,000 may pay foreign participants in joint exercises, and not more than $10,000,000 may fund military education and training for foreign personnel (including transport, translation, and admin). Funds cannot be used for activities Congress has denied. The Commander, United States Element, North American Aerospace Defense Command is treated as a combatant commander for these rules.

Title 10, §166a

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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)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)(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)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.

Notes & Related Subsidiaries

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), substituted “$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”. Subsec. (e)(1)(C). Pub. L. 117–81, § 1002(3), substituted “$10,000,000” for “$5,000,000”. 2016—Subsec. (e)(1)(A). Pub. L. 114–328 substituted “$250,000” for “the investment unit cost threshold in effect under section 2245a of this title”. 2009—Subsec. (b)(6). Pub. L. 111–84, § 904(b), inserted “in coordination with the relevant chief of mission to the extent practicable,” after “assistance,”. Subsec. (e)(1)(A). Pub. L. 111–84, § 904(a), substituted “$20,000,000” for “$10,000,000” and “the investment unit cost threshold in effect under section 2245a of this title” for “$15,000”. 2006—Subsec. (b)(6). Pub. L. 109–364, § 902(a), substituted “civic assistance, to include urgent and unanticipated humanitarian relief and re

Construction

assistance” for “civil assistance”. Subsec. (c)(3). Pub. L. 109–364, § 902(b), added par. (3). 2003—Subsec. (a). Pub. L. 108–136, § 902(a)(2), substituted “Combatant Commander Initiative Fund” for “CINC Initiative Fund” in heading and “Combatant Commander Initiative Fund” for “CINC Initiative Fund” in first sentence. Subsec. (b)(10). Pub. L. 108–136, § 902(b), added par. (10). Subsecs. (c), (d). Pub. L. 108–136, § 902(a)(2)(B), substituted “Combatant Commander Initiative Fund” for “CINC Initiative Fund”. Subsec. (e)(1)(A). Pub. L. 108–136, § 902(c)(1), substituted “$10,000,000” for “$7,000,000”. Subsec. (e)(1)(B). Pub. L. 108–136, § 902(c)(2), substituted “$10,000,000” for “$1,000,000”. Subsec. (e)(1)(C). Pub. L. 108–136, § 902(c)(3), substituted “$5,000,000” for “$2,000,000”. 1997—Subsec. (b)(9). Pub. L. 105–85 added par. (9). 1993—Subsec. (a). Pub. L. 103–35, § 201(a)(1), 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.” Subsec. (b)(7). Pub. L. 103–35, § 201(a)(2), struck out second of two identical parenthetical phrases at end of par. (7) which read as follows: “(including transportation, translation, and administrative expenses)”. 1992—Subsec. (a). Pub. L. 102–484, § 934(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 Pub. L. 102–396, § 9128(a). 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.” Subsec. (b)(7). Pub. L. 102–396, § 9128(b), and Pub. L. 102–484, § 934(b), both inserted before period at end “(including transportation, translation, and administrative expenses)”. Subsec. (c). Pub. L. 102–484, § 934(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) Priority.—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), inserted before period at end “(c) Priority.—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.” Subsec. (e)(1)(C). Pub. L. 102–484, § 934(d), 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), (3), Nov. 24, 2003, 117 Stat. 1558, provided that: “(1) The CINC Initiative Fund administered under section 166a of title 10, 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.”

§166a Combatant commands: funding through the Chairman of Joint Chiefs of Staff