-CITE-

10 USC CHAPTER 5 - JOINT CHIEFS OF STAFF 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 5 - JOINT CHIEFS OF STAFF

.

-HEAD-

CHAPTER 5 - JOINT CHIEFS OF STAFF

-MISC1-

Sec.

151. Joint Chiefs of Staff: composition; functions.

152. Chairman: appointment; grade and rank.

153. Chairman: functions.

154. Vice Chairman.

155. Joint Staff.

PRIOR PROVISIONS

A prior chapter 5 related to Joint Chiefs of Staff, prior to the

general revision of this chapter by Pub. L. 99-433, title II, Sec.

201, Oct. 1, 1986, 100 Stat. 1004, consisted of sections 141 to 143

as follows:

Section 141, acts Aug. 10, 1956, ch. 1041, 70A Stat. 6; Aug. 6,

1958, Pub. L. 85-599, Sec. 7, 72 Stat. 519; Sept. 7, 1962, Pub. L.

87-651, title II, Sec. 204, 76 Stat. 519; Oct. 20, 1978, Pub. L.

95-485, title VIII, Sec. 807, 92 Stat. 1622, provided for

composition and functions of Joint Chiefs. See section 151 of this

title.

Section 142, acts Aug. 10, 1956, ch. 1041, 70A Stat. 7; Sept. 7,

1962, Pub. L. 87-649, Sec. 14c(1), 76 Stat. 501; Oct. 19, 1984,

Pub. L. 98-525, title XIII, Sec. 1301(b), 98 Stat. 2611, provided

for appointment and duties of Chairman of Joint Chiefs. See

sections 152 and 153 of this title.

Section 143, acts Aug. 10, 1956, ch. 1041, 70A Stat. 7; Aug. 6,

1958, Pub. L. 85-599, Sec. 5(a), 72 Stat. 517; Oct. 19, 1984, Pub.

L. 98-525, title XIII, Sec. 1301(c), 98 Stat. 2611, provided for a

Joint Staff. See section 155 of this title.

AMENDMENTS

1987 - Pub. L. 100-180, div. A, title XIII, Sec. 1314(b)(1)(B),

Dec. 4, 1987, 101 Stat. 1175, substituted ''grade and rank'' for

''rank'' in item 152.

1986 - Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100

Stat. 1005, amended chapter 5 heading and analysis generally,

substituting items 151-155 for items 141-143.

-CITE-

10 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 5 - JOINT CHIEFS OF STAFF

-HEAD-

Sec. 151. Joint Chiefs of Staff: composition; functions

-STATUTE-

(a) Composition. - There are in the Department of Defense the

Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs

of Staff. The Joint Chiefs of Staff consist of the following:

(1) The Chairman.

(2) The Vice Chairman.

(3) The Chief of Staff of the Army.

(4) The Chief of Naval Operations.

(5) The Chief of Staff of the Air Force.

(6) The Commandant of the Marine Corps.

(b) Function as Military Advisers. - The Chairman of the Joint

Chiefs of Staff is the principal military adviser to the President,

the National Security Council, and the Secretary of Defense.

(2) The other members of the Joint Chiefs of Staff are military

advisers to the President, the National Security Council, and the

Secretary of Defense as specified in subsections (d) and (e).

(c) Consultation by Chairman. - (1) In carrying out his

functions, duties, and responsibilities, the Chairman shall, as he

considers appropriate, consult with and seek the advice of -

(A) the other members of the Joint Chiefs of Staff; and

(B) the commanders of the unified and specified combatant

commands.

(2) Subject to subsection (d), in presenting advice with respect

to any matter to the President, the National Security Council, or

the Secretary of Defense, the Chairman shall, as he considers

appropriate, inform the President, the National Security Council,

or the Secretary of Defense, as the case may be, of the range of

military advice and opinion with respect to that matter.

(d) Advice and Opinions of Members Other Than Chairman. - (1) A

member of the Joint Chiefs of Staff (other than the Chairman) may

submit to the Chairman advice or an opinion in disagreement with,

or advice or an opinion in addition to, the advice presented by the

Chairman to the President, the National Security Council, or the

Secretary of Defense. If a member submits such advice or opinion,

the Chairman shall present the advice or opinion of such member at

the same time he presents his own advice to the President, the

National Security Council, or the Secretary of Defense, as the case

may be.

(2) The Chairman shall establish procedures to ensure that the

presentation of his own advice to the President, the National

Security Council, or the Secretary of Defense is not unduly delayed

by reason of the submission of the individual advice or opinion of

another member of the Joint Chiefs of Staff.

(e) Advice on Request. - The members of the Joint Chiefs of

Staff, individually or collectively, in their capacity as military

advisers, shall provide advice to the President, the National

Security Council, or the Secretary of Defense on a particular

matter when the President, the National Security Council, or the

Secretary requests such advice.

(f) Recommendations to Congress. - After first informing the

Secretary of Defense, a member of the Joint Chiefs of Staff may

make such recommendations to Congress relating to the Department of

Defense as he considers appropriate.

(g) Meetings of JCS. - (1) The Chairman shall convene regular

meetings of the Joint Chiefs of Staff.

(2) Subject to the authority, direction, and control of the

President and the Secretary of Defense, the Chairman shall -

(A) preside over the Joint Chiefs of Staff;

(B) provide agenda for the meetings of the Joint Chiefs of

Staff (including, as the Chairman considers appropriate, any

subject for the agenda recommended by any other member of the

Joint Chiefs of Staff);

(C) assist the Joint Chiefs of Staff in carrying on their

business as promptly as practicable; and

(D) determine when issues under consideration by the Joint

Chiefs of Staff shall be decided.

-SOURCE-

(Added Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100 Stat.

1005; amended Pub. L. 102-484, div. A, title IX, Sec. 911(a), Oct.

23, 1992, 106 Stat. 2473.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(2) to (6). Pub. L. 102-484 added par. (2) and

redesignated former pars. (2) to (5) as (3) to (6), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3033, 5033, 5043, 8033 of

this title.

-CITE-

10 USC Sec. 152 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 5 - JOINT CHIEFS OF STAFF

-HEAD-

Sec. 152. Chairman: appointment; grade and rank

-STATUTE-

(a) Appointment; Term of Office. - (1) There is a Chairman of the

Joint Chiefs of Staff, appointed by the President, by and with the

advice and consent of the Senate, from the officers of the regular

components of the armed forces. The Chairman serves at the

pleasure of the President for a term of two years, beginning on

October 1 of odd-numbered years. Subject to paragraph (3), an

officer serving as Chairman may be reappointed in the same manner

for two additional terms. However, in time of war there is no

limit on the number of reappointments.

(2) In the event of the death, retirement, resignation, or

reassignment of the officer serving as Chairman before the end of

the term for which the officer was appointed, an officer appointed

to fill the vacancy shall serve as Chairman only for the remainder

of the original term, but may be reappointed as provided in

paragraph (1).

(3) An officer may not serve as Chairman or Vice Chairman of the

Joint Chiefs of Staff if the combined period of service of such

officer in such positions exceeds six years. However, the

President may extend to eight years the combined period of service

an officer may serve in such positions if he determines such action

is in the national interest. The limitations of this paragraph do

not apply in time of war.

(b) Requirement for Appointment. - (1) The President may appoint

an officer as Chairman of the Joint Chiefs of Staff only if the

officer has served as -

(A) the Vice Chairman of the Joint Chiefs of Staff;

(B) the Chief of Staff of the Army, the Chief of Naval

Operations, the Chief of Staff of the Air Force, or the

Commandant of the Marine Corps; or

(C) the commander of a unified or specified combatant command.

(2) The President may waive paragraph (1) in the case of an

officer if the President determines such action is necessary in the

national interest.

(c) Grade and Rank. - The Chairman, while so serving, holds the

grade of general or, in the case of an officer of the Navy, admiral

and outranks all other officers of the armed forces. However, he

may not exercise military command over the Joint Chiefs of Staff or

any of the armed forces.

-SOURCE-

(Added Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100 Stat.

1006; amended Pub. L. 100-180, div. A, title XIII, Sec.

1314(b)(1)(A), Dec. 4, 1987, 101 Stat. 1175.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-180 substituted ''grade and rank'' for

''rank'' in section catchline.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 163 of this title.

-CITE-

10 USC Sec. 153 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 5 - JOINT CHIEFS OF STAFF

-HEAD-

Sec. 153. Chairman: functions

-STATUTE-

(a) Planning; Advice; Policy Formulation. - Subject to the

authority, direction, and control of the President and the

Secretary of Defense, the Chairman of the Joint Chiefs of Staff

shall be responsible for the following:

(1) Strategic Direction. - Assisting the President and the

Secretary of Defense in providing for the strategic direction of

the armed forces.

(2) Strategic Planning. - (A) Preparing strategic plans,

including plans which conform with resource levels projected by

the Secretary of Defense to be available for the period of time

for which the plans are to be effective.

(B) Preparing joint logistic and mobility plans to support

those strategic plans and recommending the assignment of logistic

and mobility responsibilities to the armed forces in accordance

with those logistic and mobility plans.

(C) Performing net assessments to determine the capabilities of

the armed forces of the United States and its allies as compared

with those of their potential adversaries.

(3) Contingency Planning; Preparedness. - (A) Providing for the

preparation and review of contingency plans which conform to

policy guidance from the President and the Secretary of Defense.

(B) Preparing joint logistic and mobility plans to support

those contingency plans and recommending the assignment of

logistic and mobility responsibilities to the armed forces in

accordance with those logistic and mobility plans.

(C) Advising the Secretary on critical deficiencies and

strengths in force capabilities (including manpower, logistic,

and mobility support) identified during the preparation and

review of contingency plans and assessing the effect of such

deficiencies and strengths on meeting national security

objectives and policy and on strategic plans.

(D) Establishing and maintaining, after consultation with the

commanders of the unified and specified combatant commands, a

uniform system of evaluating the preparedness of each such

command to carry out missions assigned to the command.

(4) Advice on Requirements, Programs, and Budget. - (A)

Advising the Secretary, under section 163(b)(2) of this title, on

the priorities of the requirements identified by the commanders

of the unified and specified combatant commands.

(B) Advising the Secretary on the extent to which the program

recommendations and budget proposals of the military departments

and other components of the Department of Defense for a fiscal

year conform with the priorities established in strategic plans

and with the priorities established for the requirements of the

unified and specified combatant commands.

(C) Submitting to the Secretary alternative program

recommendations and budget proposals, within projected resource

levels and guidance provided by the Secretary, in order to

achieve greater conformance with the priorities referred to in

clause (B).

(D) Recommending to the Secretary, in accordance with section

166 of this title, a budget proposal for activities of each

unified and specified combatant command.

(E) Advising the Secretary on the extent to which the major

programs and policies of the armed forces in the area of manpower

conform with strategic plans.

(F) Assessing military requirements for defense acquisition

programs.

(5) Doctrine, Training, and Education. - (A) Developing

doctrine for the joint employment of the armed forces.

(B) Formulating policies for the joint training of the armed

forces.

(C) Formulating policies for coordinating the military

education and training of members of the armed forces.

(6) Other Matters. - (A) Providing for representation of the

United States on the Military Staff Committee of the United

Nations in accordance with the Charter of the United Nations.

(B) Performing such other duties as may be prescribed by law or

by the President or the Secretary of Defense.

(b) Risks Under National Military Strategy. - (1) Not later than

January 1 each year, the Chairman shall submit to the Secretary of

Defense a report providing the Chairman's assessment of the nature

and magnitude of the strategic and military risks associated with

executing the missions called for under the current National

Military Strategy.

(2) The Secretary shall forward the report received under

paragraph (1) in any year, with the Secretary's comments thereon

(if any), to Congress with the Secretary's next transmission to

Congress of the annual Department of Defense budget justification

materials in support of the Department of Defense component of the

budget of the President submitted under section 1105 of title 31

for the next fiscal year. If the Chairman's assessment in such

report in any year is that risk associated with executing the

missions called for under the National Military Strategy is

significant, the Secretary shall include with the report as

submitted to Congress the Secretary's plan for mitigating that

risk.

(c) Annual Report on Combatant Command Requirements. - (1) At or

about the time that the budget is submitted to Congress for a

fiscal year under section 1105(a) of title 31, the Chairman shall

submit to the committees of Congress named in paragraph (2) a

report on the requirements of the combatant commands established

under section 161 of this title. The report shall contain the

following:

(A) A consolidation of the integrated priority lists of

requirements of the combatant commands.

(B) The Chairman's views on the consolidated lists.

(C) A description of the extent to which the most recent

future-years defense program (under section 221 of this title)

addresses the requirements on the consolidated lists.

(D) A description of the funding proposed in the President's

budget for the next fiscal year, and for the subsequent fiscal

years covered by the most recent future-years defense program, to

address each deficiency in readiness identified during the joint

readiness review conducted under section 117 of this title for

the first quarter of the current fiscal year.

(2) The committees of Congress referred to in paragraph (1) are

the Committees on Armed Services and the Committees on

Appropriations of the Senate and House of Representatives.

-SOURCE-

(Added Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100 Stat.

1007; amended Pub. L. 106-65, div. A, title X, Sec. 1033, Oct. 5,

1999, 113 Stat. 751; Pub. L. 106-398, Sec. 1 ((div. A), title IX,

Sec. 905), Oct. 30, 2000, 114 Stat. 1654, 1654A-226; Pub. L.

107-107, div. A, title IX, Sec. 921(b), Dec. 28, 2001, 115 Stat.

1198; Pub. L. 107-314, div. A, title X, Sec. 1062(a)(1), Dec. 2,

2002, 116 Stat. 2649.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314 inserted subsec. (a) heading and

redesignated subsecs. (c) and (d) as (b) and (c), respectively.

2001 - Subsec. (a). Pub. L. 107-107, Sec. 921(b)(1), struck out

''(a) Planning; Advice; Policy Formulation. - '' before ''Subject

to the authority''.

Subsec. (b). Pub. L. 107-107, Sec. 921(b)(2), struck out heading

and text of subsec. (b) which read as follows:

''(b) Report on Assignment of Roles and Missions. - (1) Not less

than once every three years, or upon the request of the President

or the Secretary of Defense, the Chairman shall submit to the

Secretary of Defense a report containing such recommendations for

changes in the assignment of functions (or roles and missions) to

the armed forces as the Chairman considers necessary to achieve

maximum effectiveness of the armed forces. In preparing each such

report, the Chairman shall consider (among other matters) the

following:

''(A) Changes in the nature of the threats faced by the United

States.

''(B) Unnecessary duplication of effort among the armed forces.

''(C) Changes in technology that can be applied effectively to

warfare.

''(2) The Chairman shall include in each such report

recommendations for such changes in policies, directives,

regulations, and legislation as may be necessary to achieve the

changes in the assignment of functions recommended by the

Chairman.''

2000 - Subsec. (d)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

IX, Sec. 905(b)), substituted ''At or about the time that the

budget is submitted to Congress for a fiscal year under section

1105(a) of title 31,'' for ''Not later than August 15 of each

year,'' in introductory provisions.

Subsec. (d)(1)(C), (D). Pub. L. 106-398, Sec. 1 ((div. A), title

IX, Sec. 905(a)), added subpars. (C) and (D).

1999 - Subsecs. (c), (d). Pub. L. 106-65 added subsecs. (c) and

(d).

COMMON MEASUREMENT OF OPERATIONS TEMPO AND PERSONNEL TEMPO

Pub. L. 105-85, div. A, title III, Sec. 326, Nov. 18, 1997, 111

Stat. 1679, provided that:

''(a) Means for Measurement. - The Chairman of the Joint Chiefs

of Staff shall, to the maximum extent practicable, develop (1) a

common means of measuring the operations tempo (OPTEMPO) of each of

the Armed Forces, and (2) a common means of measuring the personnel

tempo (PERSTEMPO) of each of the Armed Forces. The Chairman shall

consult with the other members of the Joint Chiefs of Staff in

developing those common means of measurement.

''(b) PERSTEMPO Measurement. - The measurement of personnel tempo

developed by the Chairman shall include a means of identifying the

rate of deployment for individual members of the Armed Forces in

addition to the rate of deployment for units.''

ANNUAL ASSESSMENT OF FORCE READINESS

Pub. L. 103-160, div. A, title III, Sec. 376, Nov. 30, 1993, 107

Stat. 1637, provided for an annual assessment of readiness and

capability of the Armed Forces by the Chairman of the Joint Chiefs

of Staff to be submitted to Congress not later than March 1 of each

of 1994, 1995, and 1996 and for interim assessments between annual

submissions in the event of a significant change in readiness or

capability of the Armed Forces.

REPORT OF CHAIRMAN OF JOINT CHIEFS OF STAFF ON ROLES AND MISSIONS

OF ARMED FORCES

Pub. L. 102-484, div. A, title IX, Sec. 901, Oct. 23, 1992, 106

Stat. 2469, provided for the Secretary of Defense to transmit to

Congress a copy of the first report relating to the roles and

missions of the Armed Forces that was submitted by the Chairman of

the Joint Chiefs of Staff under subsec. (b) of this section after

Jan. 1, 1992, and directed the Chairman to include in the report

comments and recommendations.

TRANSITION PROVISIONS

Pub. L. 99-433, title II, Sec. 204(a), (b), Oct. 1, 1986, 100

Stat. 1011, provided dates for establishment of the uniform system

of evaluating the preparedness of each unified and specified

combatant command and for submission of the first report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2464 of this title.

-CITE-

10 USC Sec. 154 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 5 - JOINT CHIEFS OF STAFF

-HEAD-

Sec. 154. Vice Chairman

-STATUTE-

(a) Appointment. - (1) There is a Vice Chairman of the Joint

Chiefs of Staff, appointed by the President, by and with the advice

and consent of the Senate, from the officers of the regular

components of the armed forces.

(2) The Chairman and Vice Chairman may not be members of the same

armed force. However, the President may waive the restriction in

the preceding sentence for a limited period of time in order to

provide for the orderly transition of officers appointed to serve

in the positions of Chairman and Vice Chairman.

(3) The Vice Chairman serves at the pleasure of the President for

a term of two years and may be reappointed in the same manner for

two additional terms. However, in time of war there is no limit on

the number of reappointments.

(b) Requirement for Appointment. - (1) The President may appoint

an officer as Vice Chairman of the Joint Chiefs of Staff only if

the officer -

(A) has the joint specialty under section 661 of this title;

and

(B) has completed a full tour of duty in a joint duty

assignment (as defined in section 664(f) of this title) as a

general or flag officer.

(2) The President may waive paragraph (1) in the case of an

officer if the President determines such action is necessary in the

national interest.

(c) Duties. - The Vice Chairman performs the duties prescribed

for him as a member of the Joint Chiefs of Staff and such other

duties as may be prescribed by the Chairman with the approval of

the Secretary of Defense.

(d) Function as Acting Chairman. - When there is a vacancy in the

office of Chairman or in the absence or disability of the Chairman,

the Vice Chairman acts as Chairman and performs the duties of the

Chairman until a successor is appointed or the absence or

disability ceases.

(e) Succession After Chairman and Vice Chairman. - When there is

a vacancy in the offices of both Chairman and Vice Chairman or in

the absence or disability of both the Chairman and the Vice

Chairman, or when there is a vacancy in one such office and in the

absence or disability of the officer holding the other, the

President shall designate a member of the Joint Chiefs of Staff to

act as and perform the duties of the Chairman until a successor to

the Chairman or Vice Chairman is appointed or the absence or

disability of the Chairman or Vice Chairman ceases.

(f) Grade and Rank. - The Vice Chairman, while so serving, holds

the grade of general or, in the case of an officer of the Navy,

admiral and outranks all other officers of the armed forces except

the Chairman. The Vice Chairman may not exercise military command

over the Joint Chiefs of Staff or any of the armed forces.

-SOURCE-

(Added Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100 Stat.

1008; amended Pub. L. 100-456, div. A, title V, Sec. 519(a)(1),

Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102-484, div. A, title IX,

Sec. 911(b)(1), Oct. 23, 1992, 106 Stat. 2473.)

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-484, Sec. 911(b)(1)(A),

substituted ''the duties prescribed for him as a member of the

Joint Chiefs of Staff and such other'' for ''such''.

Subsecs. (f), (g). Pub. L. 102-484, Sec. 911(b)(1)(B), (C),

redesignated subsec. (g) as (f) and struck out former subsec. (f)

which read as follows: ''Participation in JCS Meetings. - The Vice

Chairman may participate in all meetings of the Joint Chiefs of

Staff, but may not vote on a matter before the Joint Chiefs of

Staff except when acting as Chairman.''

1988 - Subsec. (b)(1)(B). Pub. 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(b) of this title)''.

EXTENSION OF TERM OF OFFICE OF VICE CHAIRMAN OF JOINT CHIEFS OF

STAFF

Pub. L. 100-526, title I, Sec. 107, Oct. 24, 1988, 102 Stat.

2625, authorized President to extend until June 1, 1989, term of

office of officer serving as Vice Chairman of Joint Chiefs of Staff

for term which began on Feb. 6, 1987.

WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS VICE CHAIRMAN OF JOINT

CHIEFS OF STAFF

Section 204(c) of Pub. L. 99-433 authorized President, until Oct.

1, 1990, to waive certain requirements otherwise applicable for

appointment of an officer as Vice Chairman of Joint Chiefs of

Staff.

-CITE-

10 USC Sec. 155 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 5 - JOINT CHIEFS OF STAFF

-HEAD-

Sec. 155. Joint Staff

-STATUTE-

(a) Appointment of Officers to Joint Staff. - (1) There is a

Joint Staff under the Chairman of the Joint Chiefs of Staff. The

Joint Staff assists the Chairman and, subject to the authority,

direction, and control of the Chairman, the other members of the

Joint Chiefs of Staff in carrying out their responsibilities.

(2) Officers of the armed forces (other than the Coast Guard)

assigned to serve on the Joint Staff shall be selected by the

Chairman in approximately equal numbers from -

(A) the Army;

(B) the Navy and the Marine Corps; and

(C) the Air Force.

(3) Selection of officers of an armed force to serve on the Joint

Staff shall be made by the Chairman from a list of officers

submitted by the Secretary of the military department having

jurisdiction over that armed force. Each officer whose name is

submitted shall be among those officers considered to be the most

outstanding officers of that armed force. The Chairman may specify

the number of officers to be included on any such list.

(b) Director. - The Chairman of the Joint Chiefs of Staff, after

consultation with the other members of the Joint Chiefs of Staff

and with the approval of the Secretary of Defense, may select an

officer to serve as Director of the Joint Staff.

(c) Management of Joint Staff. - The Chairman of the Joint Chiefs

of Staff manages the Joint Staff and the Director of the Joint

Staff. The Joint Staff shall perform such duties as the Chairman

prescribes and shall perform such duties under such procedures as

the Chairman prescribes.

(d) Operation of Joint Staff. - The Secretary of Defense shall

ensure that the Joint Staff is independently organized and operated

so that the Joint Staff supports the Chairman of the Joint Chiefs

of Staff in meeting the congressional purpose set forth in the last

clause of section 2 of the National Security Act of 1947 (50 U.S.C.

401) to provide -

(1) for the unified strategic direction of the combatant

forces;

(2) for their operation under unified command; and

(3) for their integration into an efficient team of land,

naval, and air forces.

(e) Prohibition of Function as Armed Forces General Staff. - The

Joint Staff shall not operate or be organized as an overall Armed

Forces General Staff and shall have no executive authority. The

Joint Staff may be organized and may operate along conventional

staff lines.

(f) Tour of Duty of Joint Staff Officers. - (1) An officer who is

assigned or detailed to permanent duty on the Joint Staff may not

serve for a tour of duty of more than four years. However, such a

tour of duty may be extended with the approval of the Secretary of

Defense.

(2) In accordance with procedures established by the Secretary of

Defense, the Chairman of the Joint Chiefs of Staff may suspend from

duty and recommend the reassignment of any officer assigned to the

Joint Staff. Upon receipt of such a recommendation, the Secretary

concerned shall promptly reassign the officer.

(3) An officer completing a tour of duty with the Joint Staff may

not be assigned or detailed to permanent duty on the Joint Staff

within two years after relief from that duty except with the

approval of the Secretary.

(4) Paragraphs (1) and (3) do not apply -

(A) in time of war; or

(B) during a national emergency declared by the President or

Congress.

(g) Composition of Joint Staff. - (1) The Joint Staff is composed

of all members of the armed forces and civilian employees assigned

or detailed to permanent duty in the executive part of the

Department of Defense to perform the functions and duties

prescribed under subsections (a) and (c).

(2) The Joint Staff does not include members of the armed forces

or civilian employees assigned or detailed to permanent duty in a

military department.

-SOURCE-

(Added Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100 Stat.

1009; amended Pub. L. 100-180, div. A, title XIII, Sec.

1314(b)(2), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101-510, div. A,

title IX, Sec. 902, Nov. 5, 1990, 104 Stat. 1620; Pub. L. 102-484,

div. A, title IX, Sec. 911(b)(2), Oct. 23, 1992, 106 Stat. 2473;

Pub. L. 103-35, title II, Sec. 202(a)(8), May 31, 1993, 107 Stat.

101.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-35 made technical amendment to

directory language of Pub. L. 102-484. See 1992 Amendment note

below.

1992 - Subsec. (a)(1). Pub. L. 102-484, as amended by Pub. L.

103-35, struck out ''and the Vice Chairman'' before ''in carrying

out''.

1990 - Subsecs. (g), (h). Pub. L. 101-510 redesignated subsec.

(h) as (g) and struck out former subsec. (g) which read as follows:

''Limitation on Size of Joint Staff. - (1) Effective on October 1,

1988, the total number of members of the armed forces and civilian

personnel assigned or detailed to permanent duty on the Joint Staff

may not exceed 1,627.

''(2) Paragraph (1) does not apply -

''(A) in time of war; or

''(B) during a national emergency declared by the President or

Congress.''

1987 - Subsec. (f)(4)(B). Pub. L. 100-180, Sec. 1314(b)(2)(A),

inserted ''or Congress'' after ''by the President''.

Subsec. (g)(2)(B). Pub. L. 100-180, Sec. 1314(b)(2)(B), inserted

''the President or'' after ''declared by''.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 202(b) of Pub. L. 103-35 provided that: ''The amendments

made by this section (amending this section, sections 1079, 1086a,

1174a, 1463, 2323, 2347, 2391, and 2410d of this title, and

sections 5013 and 5113 of (former) Title 36, Patriotic Societies

and Observances, and amending provisions set out as notes under

sections 664, 2350a, 2431, 2501, 2505, 10105, and 12681 of this

title and section 5611 of Title 15, Commerce and Trade) shall apply

as if included in the enactment of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102-484).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

ASSISTANTS TO CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR NATIONAL

GUARD MATTERS AND FOR RESERVE MATTERS

Pub. L. 105-85, div. A, title IX, Sec. 901, Nov. 18, 1997, 111

Stat. 1853, provided that:

''(a) Establishment of Positions. - The Secretary of Defense

shall establish the following positions within the Joint Staff:

''(1) Assistant to the Chairman of the Joint Chiefs of Staff

for National Guard Matters.

''(2) Assistant to the Chairman of the Joint Chiefs of Staff

for Reserve Matters.

''(b) Selection. - (1) The Assistant to the Chairman of the Joint

Chiefs of Staff for National Guard Matters shall be selected by the

Chairman from officers of the Army National Guard of the United

States or the Air Guard of the United States who -

''(A) are recommended for such selection by their respective

Governors or, in the case of the District of Columbia, the

commanding general of the District of Columbia National Guard;

''(B) have had at least 10 years of federally recognized

commissioned service in the National Guard; and

''(C) are in a grade above the grade of colonel.

''(2) The Assistant to the Chairman of the Joint Chiefs of Staff

for Reserve Matters shall be selected by the Chairman from officers

of the Army Reserve, the Naval Reserve, the Marine Corps Reserve,

or the Air Force Reserve who -

''(A) are recommended for such selection by the Secretary of

the military department concerned;

''(B) have had at least 10 years of commissioned service in

their reserve component; and

''(C) are in a grade above the grade of colonel or, in the case

of the Naval Reserve, captain.

''(c) Term of Office. - Each Assistant to the Chairman under

subsection (a) serves at the pleasure of the Chairman for a term of

two years and may be continued in that assignment in the same

manner for one additional term. However, in time of war there is

no limit on the number of terms.

''(d) Grade. - Each Assistant to the Chairman, while so serving,

holds the grade of major general or, in the case of the Naval

Reserve, rear admiral. Each such officer shall be considered to be

serving in a position external to that officer's Armed Force for

purposes of section 721 of title 10, United States Code, as added

by section 501(a).

''(e) Duties. - The Assistant to the Chairman for National Guard

Matters is an adviser to the Chairman on matters relating to the

National Guard and performs the duties prescribed for that position

by the Chairman. The Assistant to the Chairman for Reserve Matters

is an adviser to the Chairman on matters relating to the reserves

and performs the duties prescribed for that position by the

Chairman.

''(f) Other Reserve Component Representation on Joint Staff. -

(1) The Secretary of Defense, in consultation with the Chairman of

the Joint Chiefs, shall develop appropriate policy guidance to

ensure that, to the maximum extent practicable, the level of

reserve component officer representation within the Joint Staff is

commensurate with the significant role of the reserve components

within the Total Force.

''(2) Not later than March 1, 1998, the Secretary shall submit to

the Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives a report

describing the steps taken and being taken to implement this

subsection.

''(g) Effective Date. - The positions specified in subsection (a)

shall be established by the Secretary of Defense not later than 60

days after the date of the enactment of this Act (Nov. 18, 1997).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 525, 664 of this title.

-CITE-