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10 U.S.C. § 151Joint Chiefs of Staff: composition; functions

submitted 40 years ago by Pub. L. 99-433 to r/title-10-ARMED-FORCES · 777 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the Joint Chiefs of Staff and lists its eight members. The Chairman is the President's main military adviser, while the other members also advise on request. The section sets rules for how the Chiefs give advice, meet, and can be removed from their posts.

(a) Composition. The Department of Defense includes the Joint Chiefs of Staff, headed by the Chairman. Its members are: the Chairman, the Vice Chairman, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, the Chief of the National Guard Bureau, and the Chief of Space Operations. (b) Function as Military Advisers. The Chairman is the principal military adviser to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense. The other members are also military advisers to those same officials, but only as specified in subsection (d). (c) Consultation by Chairman. In carrying out his duties, the Chairman must, as necessary, consult with the other Joint Chiefs and with the commanders of the unified and specified combatant commands. Subject to subsection (d), when giving advice to the President or the other named officials, the Chairman must, as he considers appropriate, inform them of the range of military advice and opinion on the matter — not just his own view. (d) Advice and Opinions of Members Other Than Chairman. After first informing the Secretary of Defense and the Chairman, any Joint Chiefs member may give the President or the other named officials advice on a matter, based on that member's own judgment. A member other than the Chairman may also submit to the Chairman a written opinion that agrees with, disagrees with, or adds to what the Chairman plans to present. If a member does this, the Chairman must present that member's advice or opinion at the same time as his own. The Chairman must set up procedures so that presenting his own advice is not unduly delayed by another member's individual submission. (e) Repealed in 2016. (f) Recommendations to Congress. After first informing the Secretary of Defense, any Joint Chiefs member may make to Congress any recommendation about the Department of Defense that the member considers appropriate. (g) Meetings of JCS. The Chairman must convene regular meetings of the Joint Chiefs. Subject to the President's and the Secretary of Defense's authority, the Chairman presides over the Joint Chiefs, sets the meeting agenda (including topics other members recommend), helps the Chiefs conduct business promptly, and decides when an issue is ready to be decided. (h) Removal of Members of Joint Chiefs of Staff. If the President removes a Joint Chiefs member from office, or transfers the member to a different position or location, before the end of that member's term, the President must — within five days after the removal or transfer takes effect — notify Congress, including the congressional defense committees, and explain the reason. This subsection does not stop any other personnel action that another law allows.
the actual law source: uscode.house.gov ↗public domain
(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.

(7)

The Chief of the National Guard Bureau.

(8)

The Chief of Space Operations.

(b)Function as Military Advisers.—
(1)

The Chairman of the Joint Chiefs of Staff is the principal military adviser to the President, the National Security Council, the Homeland 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, the Homeland Security Council, and the Secretary of Defense as specified in subsection (d).

(c)Consultation by Chairman.—
(1)

In carrying out his functions, duties, and responsibilities, the Chairman shall, as necessary, 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, the Homeland Security Council, or the Secretary of Defense, the Chairman shall, as he considers appropriate, inform the President, the National Security Council, the Homeland 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)

After first informing the Secretary of Defense and the Chairman, the members of the Joint Chiefs of Staff, individually or collectively, in their capacity as military advisors, may provide advice to the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense on a particular matter on the judgment of the military member.

(2)

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, the Homeland 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, the Homeland Security Council, or the Secretary of Defense, as the case may be.

(3)

The Chairman shall establish procedures to ensure that the presentation of his own advice to the President, the National Security Council, the Homeland 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)

Repealed. Pub. L. 114–328, div. A, title IX, § 921(a)(2)(C), Dec. 23, 2016, 130 Stat. 2351.]

(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.

(h)Removal of Members of Joint Chiefs of Staff.—
(1)

If the President removes a member of the Joint Chiefs of Staff from office or transfers a member of the Joint Chiefs of Staff to another position or location before the end of the term of the member as specified in statute, the President shall, not later than five days after the removal or transfer takes effect, submit to Congress, including the congressional defense committees, notice that the member is being removed or transferred and a statement of the reason for the removal or transfer.

(2)

Nothing in this subsection prohibits a personnel action authorized by another provision of law.

Source credit: (Added Pub. L. 99–433, title II, § 201, Oct. 1, 1986, 100 Stat. 1005; amended Pub. L. 102–484, div. A, title IX, § 911(a), Oct. 23, 1992, 106 Stat. 2473; Pub. L. 109–163, div. A, title IX, § 908(a), Jan. 6, 2006, 119 Stat. 3403; Pub. L. 112–81, div. A, title V, § 512(a), Dec. 31, 2011, 125 Stat. 1393; Pub. L. 114–328, div. A, title IX, § 921(a), Dec. 23, 2016, 130 Stat. 2351; Pub. L. 116–92, div. A, title IX, § 953(c), Dec. 20, 2019, 133 Stat. 1564; Pub. L. 119–60, div. A, title IX, § 911(a), Dec. 18, 2025, 139 Stat. 1015.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-433 · 100 Stat. 1005
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2473
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3403
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1393
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2351
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1564
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1015

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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