10 U.S.C. § 164 — Commanders of combatant commands: assignment; powers and duties

(a) Assignment as Combatant Commander. The President can only name an officer to command a unified or specified combatant command if that officer has the "joint specialty" under section 661 and has finished a full tour as a general or flag officer in a joint duty assignment. The President can waive this rule if national interest requires it. If the President removes or transfers a combatant commander before that commander's service was expected to end, the President must tell Congress, including the defense committees, within five days, and explain why. This rule doesn't stop other lawful personnel actions. (b) Responsibilities of Combatant Commanders. A combatant commander answers to the President and the Secretary of Defense for carrying out assigned missions. The commander acts under the Secretary's authority, direction, and control, and is directly responsible to the Secretary for keeping the command ready. The commander's main jobs are: (A) planning how to use the armed forces for national defense strategy and to respond to major military situations; (B) taking steps to deter conflict; and (C) commanding U.S. forces as the Secretary directs and the President approves. (c) Command Authority of Combatant Commanders. Unless the President or Secretary says otherwise, a commander's authority over the forces assigned includes: (A) giving binding orders to subordinate commands on operations, training, and logistics; (B) setting the chain of command within the command; (C) organizing the command as needed; (D) deciding how to use assigned forces; (E) assigning duties to subordinate commanders; (F) approving administration, support, resources, and discipline matters needed for the mission; and (G) exercising authority over choosing subordinate commanders and staff, suspending subordinates, and convening courts-martial, as described elsewhere in this section. The Secretary of Defense must make sure each commander has enough authority to command effectively, consulting the Chairman of the Joint Chiefs of Staff. The Secretary must also periodically review and, after consulting the military department secretaries, the Chairman, and the commander, decide which administration and support matters to hand to the commander. If a commander ever feels they don't have enough authority to command effectively, they must promptly tell the Secretary of Defense. (d) Authority Over Subordinate Commanders. Unless directed otherwise: (1) commanders of forces assigned to a combatant command answer to that combatant commander on matters within the commander's assigned authority; (2) those subordinate commanders must follow the combatant commander's procedures when communicating with other parts of the Department of Defense on those matters; (3) other parts of the Department of Defense must do the same; and (4) if the combatant commander orders it, subordinate commanders must report to the combatant commander on any communications about matters outside the combatant commander's assigned authority. (e) Selection of Subordinate Commanders. An officer can only be assigned — or recommended to the President for assignment, if the position is one of special importance — as commander of a unit directly under a combatant command if the combatant commander agrees and the Secretary of Defense's procedures are followed. The Secretary can waive the need for the combatant commander's agreement if national interest requires it. The combatant commander must evaluate each subordinate commander's performance and send that evaluation to the relevant military department secretary and the Chairman of the Joint Chiefs of Staff. For the combatant command whose area covers the United States, at least one deputy commander must be a qualified reserve officer eligible for promotion to lieutenant general (or vice admiral in the Navy), or a qualified Space Force officer meeting similar conditions — unless the command's own commander already is a reserve officer or that kind of Space Force officer. (f) Combatant Command Staff. Each combatant command must have a staff to help the commander, filled with officers from each armed force that has significant forces in the command. An officer can only be assigned to — or recommended to the President for — a staff position, including an especially important one, with the commander's agreement and following the Secretary's procedures. The Secretary can waive the need for the commander's agreement if national interest requires it. (g) Authority to Suspend Subordinates. Following Secretary of Defense procedures, a combatant commander may suspend an officer from duty and recommend that the officer be reassigned. (h) Support to Chairman of the Joint Chiefs of Staff. A combatant commander must give the Chairman of the Joint Chiefs of Staff whatever information the Chairman needs to do the Chairman's job under section 153.