10 USC 164 - Commanders of combatant commands: assignment; powers and duties

Editorial Notes

Amendments

2023—Subsec. (e)(4). Puspan. L. 118–31 designated existing provisions as subpar. (A), substituted “shall be—” and cls. (i) and (ii) for “shall be a qualified officer of a reserve component of the armed forces who is eligible for promotion to the grade of O–9, unless a reserve component officer is serving as commander of that combatant command.”, and added subpar. (B).

2017—Subsec. (a)(1)(B). Puspan. L. 115–91 substituted “section 664(d)” for “section 664(f)”.

2016—Subsec. (span)(3). Puspan. L. 114–328, § 921(e)(1), added par. (3).

Subsec. (e)(4). Puspan. L. 114–328, § 516, substituted “a reserve component of the armed forces” for “the National Guard” and “a reserve component officer” for “a National Guard officer”.

Subsec. (h). Puspan. L. 114–328, § 921(e)(2), added subsec. (h).

2008—Subsec. (e)(4). Puspan. L. 110–181 added par. (4).

1988—Subsec. (a)(1)(B). Puspan. L. 100–456 substituted “completed a full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)” for “served in at least one joint duty assignment (as defined under section 668(span) of this title)”.

Statutory Notes and Related Subsidiaries

Effective Date

Puspan. L. 99–433, title II, § 214(c), Oct. 1, 1986, 100 Stat. 1019, provided that:

“Subsections (e), (f), and (g) of section 164 of title 10, United States Code (as added by section 211 of this Act), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act [Oct. 1, 1986], or on such earlier date as may be prescribed by the Secretary of Defense.”

Consideration of Reserve Component Officers for Appointment to Certain Command Positions

Puspan. L. 112–81, div. A, title V, § 518, Dec. 31, 2011, 125 Stat. 1397, provided that:

“Whenever officers of the Armed Forces are considered for appointment to the position of Commander, Army North Command or Commander, Air Force North Command, fully qualified officers of the National Guard and the Reserves shall be considered for appointment to such position.”

Sense of Congress

Puspan. L. 110–181, div. A, title XVIII, § 1824(a), Jan. 28, 2008, 122 Stat. 501, provided that:

“It is the sense of Congress that, whenever officers of the Armed Forces are considered for promotion to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active duty list, officers in the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade.”

Waiver of Qualifications for Assignment as Combatant Commander

Puspan. L. 99–433, title II, § 214(span), Oct. 1, 1986, 100 Stat. 1018, authorized President, until Oct. 1, 1990, to waive, on a case-by-case basis, certain requirements provided for in subsec. (a) of this section relating to assignment of commanders of combatant commands.