10 U.S.C. § 154 — Vice Chairman

Page 231 TITLE 10—ARMED FORCES § 154 1 See References in Text note below. tives, 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, § 1 [[div. A], title IX, § 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, § 1 [[div. A], title IX, § 905(a)], added subpars. (C) and (D). 1999—Subsecs. (c), (d). Pub. L. 106–65 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(10) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted. EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. A, title X, § 1071(g), Dec. 19, 2014, 128 Stat. 3511, provided that the amendment made by section 1071(g)(3) is effective as of Dec. 26, 2013, and as if included in Pub. L. 113–66 as enacted. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. INCLUSION OF ASSESSMENT OF JOINT MILITARY TRAIN- ING AND FORCE ALLOCATIONS IN QUADRENNIAL DE- FENSE REVIEW AND NATIONAL MILITARY STRATEGY Pub. L. 112–81, div. A, title III, § 348, Dec. 31, 2011, 125 Stat. 1375, provided that: ‘‘The assessments of the Na- tional Military Strategy conducted by the Chairman of the Joint Chiefs of Staff under section 153(b) of this title [sic; probably means Title 10, Armed Forces], and the quadrennial roles and missions review pursuant to [former] section 118b of this title [sic], shall include an assessment of joint military training and force alloca- tions to determine— ‘‘(1) the compliance of the military departments with the joint training, doctrine, and resource alloca- tion recommendations promulgated by the Joint Chiefs of Staff; and ‘‘(2) the effectiveness of the Joint Staff in carrying out the missions of planning and experimentation formerly accomplished by Joint Forces Command.’’ COMMON MEASUREMENT OF OPERATIONS TEMPO AND PERSONNEL TEMPO Pub. L. 105–85, div. A, title III, § 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 per- sonnel 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 in- clude 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, § 376, Nov. 30, 1993, 107 Stat. 1637, provided for an annual assessment of readi- ness and capability of the Armed Forces by the Chair- man of the Joint Chiefs of Staff to be submitted to Con- gress not later than March 1 of each of 1994, 1995, and 1996 and for interim assessments between annual sub- missions in the event of a significant change in readi- ness 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, § 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 com- ments and recommendations. TRANSITION PROVISIONS Pub. L. 99–433, title II, § 204(a), (b), Oct. 1, 1986, 100 Stat. 1011, provided dates for establishment of the uni- form system of evaluating the preparedness of each unified and specified combatant command and for sub- mission of the first report. § 154. Vice Chairman (a) APPOINTMENT.—(1) There is a Vice Chair- man of the Joint Chiefs of Staff, appointed by the President, by and with the advice and con- sent of the Senate, from the officers of the reg- ular 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 single term of four years, beginning on October 1 of an odd-numbered year, except that the term may not begin in the same year as the term of a Chairman. In time of war, there is no limit on the number of reappoint- ments. (4)(A) The Vice Chairman shall not be eligible for promotion to the position of Chairman or any other position in the armed forces. (B) The President may waive subparagraph (A) if the President determines such action is nec- essary in the national interest. (b) REQUIREMENT FOR APPOINTMENT.—(1) The President may appoint an officer as Vice Chair- man of the Joint Chiefs of Staff only if the offi- cer— (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) 1 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 ap- proval 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. Page 232 TITLE 10—ARMED FORCES § 155 (e) SUCCESSION AFTER CHAIRMAN AND VICE CHAIRMAN.—When there is a vacancy in the of- fices 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 va- cancy 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 Chair- man or Vice Chairman is appointed or the ab- sence 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. (Added Pub. L. 99–433, title II, § 201, Oct. 1, 1986, 100 Stat. 1008; amended Pub. L. 100–456, div. A, title V, § 519(a)(1), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102–484, div. A, title IX, § 911(b)(1), Oct. 23, 1992, 106 Stat. 2473; Pub. L. 114–328, div. A, title IX, § 921(d)(1), (2), Dec. 23, 2016, 130 Stat. 2354.) Editorial Notes REFERENCES IN TEXT Section 664(f) of this title, referred to in subsec. (b)(1)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111. AMENDMENTS 2016—Subsec. (a)(3). Pub. L. 114–328, § 921(d)(1), sub- stituted ‘‘for a single term of four years, beginning on October 1 of an odd-numbered year, except that the term may not begin in the same year as the term of a Chairman. In time of war, there is no limit on the num- ber of reappointments.’’ for ‘‘for a term of two years and may be reappointed in the same manner for two ad- ditional terms. However, in time of war there is no limit on the number of reappointments.’’ Subsec. (a)(4). Pub. L. 114–328, § 921(d)(2), added par. (4). 1992—Subsec. (c). Pub. L. 102–484, § 911(b)(1)(A), sub- stituted ‘‘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, § 911(b)(1)(B), (C), re- designated subsec. (g) as (f) and struck out former sub- sec. (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 assign- ment (as defined in section 664(f) of this title)’’ for ‘‘served in at least one joint duty assignment (as de- fined under section 668(b) of this title)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title IX, § 921(d)(3), Dec. 23, 2016, 130 Stat. 2354, provided that: ‘‘The amendments made by this subsection [amending this section] shall take effect on January 1, 2021, and shall apply to indi- viduals appointed as Vice Chairman of the Joint Chiefs of Staff on or after that date.’’ EXTENSION OF TERM OF OFFICE OF VICE CHAIRMAN OF JOINT CHIEFS OF STAFF Pub. L. 100–526, title I, § 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 Pub. L. 99–433, title II, § 204(c), Oct. 1, 1986, 100 Stat. 1011, authorized President, until Oct. 1, 1990, to waive certain requirements otherwise applicable for appoint- ment of an officer as Vice Chairman of Joint Chiefs of Staff. § 155. Joint Staff (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 Chair- man, 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 ap- proximately equal numbers from— (A) the Army; (B) the Navy and the Marine Corps; and (C) the Air Force and the Space 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 Chair- man 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 du- ties under such procedures as the Chairman pre- scribes. (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 congres- sional purpose set forth in the last clause of sec- tion 2 of the National Security Act of 1947 (50 U.S.C. 3002) to provide— (1) for the unified strategic direction of the combatant forces; (2) for their operation under unified com- mand; 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 oper- ate or be organized as an overall Armed Forces