10 U.S.C. § 167b (ARMED FORCES)
§ 167b. Unified combatant command for cyber operations
(a) Establishment.—
(1) With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under section 161 of this title a unified combatant command for cyber operations forces (hereinafter in this section referred to as the “cyber command”).
(2) The principal mission of the Cyber Command is to direct, synchronize, and coordinate military cyberspace planning and operations to defend and advance national interests in collaboration with domestic and international partners.
(b) Assignment of Forces.—
(1) Active and reserve cyber forces of the armed forces shall be assigned to the Cyber Command through the Global Force Management Process, as approved by the Secretary of Defense.
(2) Cyber forces not assigned to Cyber Command remain assigned to combatant commands or service-retained.
(c) Grade of Commander.—
The commander of the cyber command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating that officer’s permanent grade. The commander of such command shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position.
(d) Authority of Combatant Commander.—
(1) In addition to the authority prescribed in section 164(c) of this title, the commander of the cyber command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to cyber operations activities.
(2)
(A) Subject to the authority, direction, and control of the Principal Cyber Advisor, the commander of such command shall be responsible for, and shall have the authority to conduct, the following functions relating to cyber operations activities (whether or not relating to the cyber command):
(i) Developing strategy, doctrine, and tactics.
(ii) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for cyber operations forces and for other forces assigned to the cyber command.
(iii) Exercising authority, direction, and control over the expenditure of funds—
(I) for forces assigned directly to the cyber command; and
(II) for cyber operations forces assigned to unified combatant commands other than the cyber command, with respect to all matters covered by section 807 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 886; 10 U.S.C. 2224 note) and, with respect to a matter not covered by such section, to the extent directed by the Secretary of Defense.
(iv) Training and certification of assigned joint forces.
(v) Conducting specialized courses of instruction for commissioned and noncommissioned officers.
(vi) Validating requirements.
(vii) Establishing priorities for requirements.
(viii) Ensuring the interoperability of equipment and forces.
(ix) Formulating and submitting requirements for intelligence support.
(x) Monitoring the promotion of cyber operation forces and coordinating with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of cyber operation forces.
(B) The authority, direction, and control exercised by the Principal Cyber Advisor for purposes of this section is authority, direction, and control with respect to the administration and support of the cyber command, including readiness and organization of cyber operations forces, cyber operations-peculiar equipment and resources, and civilian personnel.
(C) Nothing in this section shall be construed as providing the Principal Cyber Advisor authority, direction, and control of operational matters that are subject to the operational chain of command of the combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other matters that are not cyber-operations peculiar and that are in the purview of the armed forces.
(3) The commander of the cyber command shall be responsible for—
(A) ensuring the combat readiness of forces assigned to the cyber command; and
(B) monitoring the preparedness to carry out assigned missions of cyber forces assigned to unified combatant commands other than the cyber command.
(C) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the cyber operations command and such other inspector general functions as may be assigned.
(e) Intelligence and Special Activities.—
This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).
(Added Pub. L. 114–328, div. A, title IX, § 923(a), Dec. 23, 2016, 130 Stat. 2357; amended Pub. L. 115–91, div. A, title X, § 1081(a)(12), title XVI, § 1635, Dec. 12, 2017, 131 Stat. 1595, 1741; Pub. L. 116–283, div. A, title XVII, § 1701(1), Jan. 1, 2021, 134 Stat. 4079.)
heading: Editorial Notes
heading: References in Text
text: The National Security Act of 1947, referred to in subsec. (e), 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.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 1701(1)(A), designated existing provisions as par. (1), struck out at end “The principal function of the command is to prepare cyber operations forces to carry out assigned missions.”, and added par. (2).
Subsec. (b). Pub. L. 116–283, § 1701(1)(B), amended subsec. (b) generally. Prior to amendment, text read as follows: “Unless otherwise directed by the Secretary of Defense, all active and reserve cyber operations forces of the armed forces stationed in the United States shall be assigned to the cyber command.”
2017—Subsec. (d). Pub. L. 115–91, § 1635, redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to command of activity or mission.
Subsec. (e). Pub. L. 115–91, § 1635(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (e)(2)(A)(iii)(II). Pub. L. 115–91, § 1081(a)(12), substituted “Fiscal Year 2016” for “Fiscal Year 2014”.
Subsec. (f). Pub. L. 115–91, § 1635(2), redesignated subsec. (f) as (e).
heading: Statutory Notes and Related Subsidiaries
heading: Assignment of Certain Budget Control Responsibilities to Commander of United States Cyber Command
text: Pub. L. 117–81, div. A, title XV, § 1507, Dec. 27, 2021, 135 Stat. 2030, provided that:
“(a) Assignment of Responsibilities.—
“(1) In general.—
The Commander of United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to train, equip, operate, and sustain the Cyber Mission Forces.
“(2) Effective date and applicability.—
Paragraph (1) shall take effect on the date of the enactment of this Act [Dec. 27, 2021] and apply—
“(A) on January 1, 2022, for controlling and managing budget execution; and
“(B) beginning with fiscal year 2024 and each fiscal year thereafter for directly controlling and managing the planning, programming, budgeting, and execution of resources.
“(b) Elements.—
“(1) In general.—
The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall include the following:
“(A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Forces.
“(B) Preparation of budget materials pertaining to United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code) that is separate from any other military service or component of the Department.
“(2) Responsibilities not delegated.—
The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall not include the following:
“(A) Military pay and allowances.
“(B) Funding for facility support that is provided by the military services.
“(c) Implementation Plan.—
“(1) In general.—
Not later than the date that is 30 days after the date of the enactment of this Act, the Comptroller General of the Department of Defense and the Commander of United States Cyber Command, in coordination with Chief Information Officer of the Department, the Principal Cyber Advisor, the Under Secretary of Defense for Acquisition and Sustainment, Cost Assessment and Program Evaluation, and the Secretaries of the military departments, shall jointly develop an implementation plan for the transition of responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1).
“(2) Elements.—
The implementation plan developed under paragraph (1) shall include the following:
“(A) A budgetary review to identify appropriate resources for transfer to the Commander of United States Cyber Command for carrying out responsibilities assigned pursuant to subsection (a)(1).
“(B) Definitions of appropriate roles and responsibilities.
“(C) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element for which the Commander of United States Cyber Command is responsible.
“(D) Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element relevant to or that support the Cyber Mission Force for which the Secretaries of the military departments are responsible.
“(E) Required levels of civilian and military staffing within United States Cyber Command to carry out subsection (a)(1), and an estimate of when such levels of staffing will be achieved.
“(d) Briefing.—
“(1) In general.—
Not later than the earlier of the date on which the implementation plan under subsection (c) is developed or the date that is 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the implementation plan.
“(2) Elements.—
The briefing required by paragraph (1) shall address any recommendations for when and how the Secretary of Defense should delegate to the Commander of United States Cyber Command budget authority for the Cyber Operations Forces (as such term is defined in the memorandum issued by the Secretary of Defense on December 12, 2019, relating to the definition of ‘Department of Defense Cyberspace Operations Forces (DoD COF)’), after successful implementation of the responsibilities described in subsection (a) relating to the Cyber Mission Forces.”
heading: Executive Documents
heading: Elevation of U.S. Cyber Command to a Unified Combatant Command
text: Memorandum of President of the United States, Aug. 15, 2017, 82 F.R. 39953, provided:
Memorandum for the Secretary of Defense
Pursuant to my authority as the Commander in Chief and under sections 161 and 167b of title 10, United States Code, and in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, I direct that U.S. Cyber Command be established as a Unified Combatant Command. I also direct the Secretary of Defense to recommend an officer for my nomination and Senate confirmation as commander in order to establish U.S. Cyber Command as a Unified Combatant Command.
I assign to U.S. Cyber Command: (1) all the general responsibilities of a Unified Combatant Command; (2) the cyberspace-related responsibilities previously assigned to the Commander, U.S. Strategic Command; (3) the responsibilities of Joint Force Provider and Joint Force Trainer; and (4) all other responsibilities identified in section 167b of title 10, United States Code. The comprehensive list of authorities and responsibilities for U.S. Cyber Command will be included in the next update to the Unified Command Plan.
I further direct that the Secretary of Defense, in coordination with the Director of National Intelligence, provide a recommendation and, as appropriate, a plan to me regarding the future command relationship between the U.S. Cyber Command and the National Security Agency.
Consistent with section 161(b)(2) of title 10, United States Code, and section 301 of title 3, United States Code, you are directed to notify the Congress on my behalf.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.