
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC152]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 5--JOINT CHIEFS OF STAFF
 
Sec. 152. Chairman: appointment; grade and rank

    (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.

(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.)


                               Amendments

    1987--Pub. L. 100-180 substituted ``grade and rank'' for ``rank'' in 
section catchline.

                  Section Referred to in Other Sections

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