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10 U.S.C. § 604 — Senior joint officer positions: recommendations to the Secretary of Defense

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 300 words · no verdicts yet

in plain englishAI-generated · not legal advice

When a covered four-star joint officer position is vacant or expected to become vacant, the military department Secretaries must submit specified officers' names for consideration. The Chairman of the Joint Chiefs of Staff may submit additional names and must evaluate the submitted officers.

(a) Joint 4-Star Officer Positions.—(1) When a position listed in subsection (b) is vacant or is expected to become vacant: (A) The Secretary of Defense must require the Secretary of the Army to submit at least one Army officer; the Secretary of the Navy to submit at least one Navy officer and at least one Marine Corps officer; and the Secretary of the Air Force to submit at least one Air Force officer and at least one Space Force officer. The Secretary of Defense considers these names when recommending someone to the President for appointment to the position. (B) The Chairman of the Joint Chiefs of Staff may submit one or more additional officers' names to the Secretary of Defense for consideration in making a recommendation to the President. (2) Whenever the military department Secretaries must submit names under paragraph (1)(A), the Chairman of the Joint Chiefs of Staff must submit to the Secretary of Defense the Chairman's evaluation of the performance of every officer submitted under that paragraph. The Chairman must also evaluate any officer whose name the Chairman submits under paragraph (1)(B) for the same vacancy. The evaluation must mainly consider the officer's performance as a member of the Joint Staff and in other joint-duty assignments, but may also consider other parts of the officer's performance that the Chairman considers appropriate. (b) Covered Positions.—Subsection (a) applies to: (1) a commander of a combatant command; and (2) the Commander, United States Forces, Korea.

the actual law source: uscode.house.gov ↗public domain
(a)Joint 4-Star Officer Positions.—
(1)

Whenever a vacancy occurs, or is anticipated to occur, in a position specified in subsection (b)—

(A)

the Secretary of Defense shall require the Secretary of the Army to submit the name of at least one Army officer, the Secretary of the Navy to submit the name of at least one Navy officer and the name of at least one Marine Corps officer, and the Secretary of the Air Force to submit the name of at least one Air Force officer and the name of at least one Space Force officer for consideration by the Secretary for recommendation to the President for appointment to that position; and

(B)

the Chairman of the Joint Chiefs of Staff may submit to the Secretary of Defense the name of one or more officers (in addition to the officers whose names are submitted pursuant to subparagraph (A)) for consideration by the Secretary for recommendation to the President for appointment to that position.

(2)

Whenever the Secretaries of the military departments are required to submit the names of officers under paragraph (1)(A), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the performance of each officer whose name is submitted under that paragraph (and of any officer whose name the Chairman submits to the Secretary under paragraph (1)(B) for consideration for the same vacancy). The Chairman’s evaluation shall primarily consider the performance of the officer as a member of the Joint Staff and in other joint duty assignments, but may include consideration of other aspects of the officer’s performance as the Chairman considers appropriate.

(b)Covered Positions.—

Subsection (a) applies to the following positions:

(1)

Commander of a combatant command.

(2)

Commander, United States Forces, Korea.

Source credit: (Added Pub. L. 103–337, div. A, title IV, § 405(c)(1), Oct. 5, 1994, 108 Stat. 2745; amended Pub. L. 104–201, div. A, title IV, § 404(a), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 106–65, div. A, title V, § 509(a), Oct. 5, 1999, 113 Stat. 592; Pub. L. 107–314, div. A, title IV, § 405(a), Dec. 2, 2002, 116 Stat. 2526; Pub. L. 108–136, div. A, title V, § 504(a), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 114–328, div. A, title V, § 502(e), Dec. 23, 2016, 130 Stat. 2102; Pub. L. 116–283, div. A, title IX, § 924(b)(15), Jan. 1, 2021, 134 Stat. 3823.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2745
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2506
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 592
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2526
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1456
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2102
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3823

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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