
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: 10USC154]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 5--JOINT CHIEFS OF STAFF
 
Sec. 154. Vice Chairman

    (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 
term of two years and 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.
    (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) 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.

(Added Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100 Stat. 1008; 
amended Pub. L. 100-456, div. A, title V, Sec. 519(a)(1), Sept. 29, 
1988, 102 Stat. 1972; Pub. L. 102-484, div. A, title IX, Sec. 911(b)(1), 
Oct. 23, 1992, 106 Stat. 2473.)


                               Amendments

    1992--Subsec. (c). Pub. L. 102-484, Sec. 911(b)(1)(A), substituted 
``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, Sec. 911(b)(1)(B), (C), 
redesignated subsec. (g) as (f) and struck out former subsec. (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 assignment (as defined in section 
664(f) of this title)'' for ``served in at least one joint duty 
assignment (as defined under section 668(b) of this title)''.


  Extension of Term of Office of Vice Chairman of Joint Chiefs of Staff

    Pub. L. 100-526, title I, Sec. 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

    Section 204(c) of Pub. L. 99-433 authorized President, until Oct. 1, 
1990, to waive certain requirements otherwise applicable for appointment 
of an officer as Vice Chairman of Joint Chiefs of Staff.
