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10 U.S.C. § 154Vice Chairman

submitted 40 years ago by Pub. L. 99-433 to r/title-10-ARMED-FORCES · 534 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President appoints a Vice Chairman of the Joint Chiefs of Staff for a four-year term. The Vice Chairman must meet certain requirements and can act as Chairman when needed. The Vice Chairman ranks below only the Chairman and cannot command troops directly.

(a) Appointment. The President appoints the Vice Chairman of the Joint Chiefs of Staff, and the Senate must confirm this appointment. The Vice Chairman must come from the regular armed forces. The Chairman and Vice Chairman cannot be from the same branch of the military, but the President can waive this rule for a short time during a transition. The Vice Chairman serves at the President's pleasure for one four-year term. The term starts October 1 of an odd-numbered year, and it cannot start the same year as a Chairman's term. During a war, there is no limit on how many times someone can be reappointed. The Vice Chairman cannot be promoted to Chairman or any other armed forces position, unless the President waives this rule because it is necessary for the national interest. (b) Requirement for Appointment. The President can only appoint an officer as Vice Chairman if that officer has the "joint specialty" under section 661 and has completed a full tour as a general or flag officer in a joint duty assignment. The President can waive this requirement if necessary for the national interest. (c) Duties. The Vice Chairman does the duties of a Joint Chiefs of Staff member. The Chairman can also assign other duties, with the Secretary of Defense's approval. (d) Function as Acting Chairman. If the Chairman's office is vacant, or the Chairman is absent or unable to serve, the Vice Chairman acts as Chairman and does the Chairman's duties until a new Chairman is appointed or the Chairman returns. (e) Succession After Chairman and Vice Chairman. If both the Chairman and Vice Chairman positions are vacant, or both officers are absent or unable to serve, or one position is vacant while the other officer is absent or unable to serve, the President must pick a Joint Chiefs of Staff member to act as Chairman until someone fills the role again. (f) Grade and Rank. While serving, the Vice Chairman holds the rank of general, or admiral if from the Navy. The Vice Chairman outranks every other officer in the armed forces except the Chairman. The Vice Chairman cannot command the Joint Chiefs of Staff or any part of the armed forces.
the actual law source: uscode.house.gov ↗public domain
(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 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 reappointments.

(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 necessary in the national interest.

(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) 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 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 credit: (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.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-433 · 100 Stat. 1008
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 1972
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2473
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2354

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-433 on 1986-10-01.

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