
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC155]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 5--JOINT CHIEFS OF STAFF
 
Sec. 155. Joint Staff

    (a) Appointment of Officers to Joint Staff.--(1) There is a Joint 
Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff 
assists the Chairman and, subject to the authority, direction, and 
control of the Chairman, the other members of the Joint Chiefs of Staff 
in carrying out their responsibilities.
    (2) Officers of the armed forces (other than the Coast Guard) 
assigned to serve on the Joint Staff shall be selected by the Chairman 
in approximately equal numbers from--
        (A) the Army;
        (B) the Navy and the Marine Corps; and
        (C) the Air Force.

    (3) Selection of officers of an armed force to serve on the Joint 
Staff shall be made by the Chairman from a list of officers submitted by 
the Secretary of the military department having jurisdiction over that 
armed force. Each officer whose name is submitted shall be among those 
officers considered to be the most outstanding officers of that armed 
force. The Chairman may specify the number of officers to be included on 
any such list.
    (b) Director.--The Chairman of the Joint Chiefs of Staff, after 
consultation with the other members of the Joint Chiefs of Staff and 
with the approval of the Secretary of Defense, may select an officer to 
serve as Director of the Joint Staff.
    (c) Management of Joint Staff.--The Chairman of the Joint Chiefs of 
Staff manages the Joint Staff and the Director of the Joint Staff. The 
Joint Staff shall perform such duties as the Chairman prescribes and 
shall perform such duties under such procedures as the Chairman 
prescribes.
    (d) Operation of Joint Staff.--The Secretary of Defense shall ensure 
that the Joint Staff is independently organized and operated so that the 
Joint Staff supports the Chairman of the Joint Chiefs of Staff in 
meeting the congressional purpose set forth in the last clause of 
section 2 of the National Security Act of 1947 (50 U.S.C. 401) to 
provide--
        (1) for the unified strategic direction of the combatant forces;
        (2) for their operation under unified command; and
        (3) for their integration into an efficient team of land, naval, 
    and air forces.

    (e) Prohibition of Function as Armed Forces General Staff.--The 
Joint Staff shall not operate or be organized as an overall Armed Forces 
General Staff and shall have no executive authority. The Joint Staff may 
be organized and may operate along conventional staff lines.
    (f) Tour of Duty of Joint Staff Officers.--(1) An officer who is 
assigned or detailed to permanent duty on the Joint Staff may not serve 
for a tour of duty of more than four years. However, such a tour of duty 
may be extended with the approval of the Secretary of Defense.
    (2) In accordance with procedures established by the Secretary of 
Defense, the Chairman of the Joint Chiefs of Staff may suspend from duty 
and recommend the reassignment of any officer assigned to the Joint 
Staff. Upon receipt of such a recommendation, the Secretary concerned 
shall promptly reassign the officer.
    (3) An officer completing a tour of duty with the Joint Staff may 
not be assigned or detailed to permanent duty on the Joint Staff within 
two years after relief from that duty except with the approval of the 
Secretary.
    (4) Paragraphs (1) and (3) do not apply--
        (A) in time of war; or
        (B) during a national emergency declared by the President or 
    Congress.

    (g) Composition of Joint Staff.--(1) The Joint Staff is composed of 
all members of the armed forces and civilian employees assigned or 
detailed to permanent duty in the executive part of the Department of 
Defense to perform the functions and duties prescribed under subsections 
(a) and (c).
    (2) The Joint Staff does not include members of the armed forces or 
civilian employees assigned or detailed to permanent duty in a military 
department.

(Added Pub. L. 99-433, title II, Sec. 201, Oct. 1, 1986, 100 Stat. 1009; 
amended Pub. L. 100-180, div. A, title XIII, Sec. 1314(b)(2), Dec. 4, 
1987, 101 Stat. 1175; Pub. L. 101-510, div. A, title IX, Sec. 902, Nov. 
5, 1990, 104 Stat. 1620; Pub. L. 102-484, div. A, title IX, 
Sec. 911(b)(2), Oct. 23, 1992, 106 Stat. 2473; Pub. L. 103-35, title II, 
Sec. 202(a)(8), May 31, 1993, 107 Stat. 101.)


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-35 made technical amendment to 
directory language of Pub. L. 102-484. See 1992 Amendment note below.
    1992--Subsec. (a)(1). Pub. L. 102-484, as amended by Pub. L. 103-35, 
struck out ``and the Vice Chairman'' before ``in carrying out''.
    1990--Subsecs. (g), (h). Pub. L. 101-510 redesignated subsec. (h) as 
(g) and struck out former subsec. (g) which read as follows: 
``Limitation on Size of Joint Staff.--(1) Effective on October 1, 1988, 
the total number of members of the armed forces and civilian personnel 
assigned or detailed to permanent duty on the Joint Staff may not exceed 
1,627.
    ``(2) Paragraph (1) does not apply--
        ``(A) in time of war; or
        ``(B) during a national emergency declared by the President or 
    Congress.''
    1987--Subsec. (f)(4)(B). Pub. L. 100-180, Sec. 1314(b)(2)(A), 
inserted ``or Congress'' after ``by the President''.
    Subsec. (g)(2)(B). Pub. L. 100-180, Sec. 1314(b)(2)(B), inserted 
``the President or'' after ``declared by''.


                    Effective Date of 1993 Amendment

    Section 202(b) of Pub. L. 103-35 provided that: ``The amendments 
made by this section [amending this section, sections 1079, 1086a, 
1174a, 1463, 2323, 2347, 2391, and 2410d of this title, and sections 
5013 and 5113 of [former] Title 36, Patriotic Societies and Observances, 
and amending provisions set out as notes under sections 664, 2350a, 
2431, 2501, 2505, 10105, and 12681 of this title and section 5611 of 
Title 15, Commerce and Trade] shall apply as if included in the 
enactment of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484).''


 Assistants to Chairman of the Joint Chiefs of Staff for National Guard 
                     Matters and for Reserve Matters

    Pub. L. 105-85, div. A, title IX, Sec. 901, Nov. 18, 1997, 111 Stat. 
1853, provided that:
    ``(a) Establishment of Positions.--The Secretary of Defense shall 
establish the following positions within the Joint Staff:
        ``(1) Assistant to the Chairman of the Joint Chiefs of Staff for 
    National Guard Matters.
        ``(2) Assistant to the Chairman of the Joint Chiefs of Staff for 
    Reserve Matters.
    ``(b) Selection.--(1) The Assistant to the Chairman of the Joint 
Chiefs of Staff for National Guard Matters shall be selected by the 
Chairman from officers of the Army National Guard of the United States 
or the Air Guard of the United States who--
        ``(A) are recommended for such selection by their respective 
    Governors or, in the case of the District of Columbia, the 
    commanding general of the District of Columbia National Guard;
        ``(B) have had at least 10 years of federally recognized 
    commissioned service in the National Guard; and
        ``(C) are in a grade above the grade of colonel.
    ``(2) The Assistant to the Chairman of the Joint Chiefs of Staff for 
Reserve Matters shall be selected by the Chairman from officers of the 
Army Reserve, the Naval Reserve, the Marine Corps Reserve, or the Air 
Force Reserve who--
        ``(A) are recommended for such selection by the Secretary of the 
    military department concerned;
        ``(B) have had at least 10 years of commissioned service in 
    their reserve component; and
        ``(C) are in a grade above the grade of colonel or, in the case 
    of the Naval Reserve, captain.
    ``(c) Term of Office.--Each Assistant to the Chairman under 
subsection (a) serves at the pleasure of the Chairman for a term of two 
years and may be continued in that assignment in the same manner for one 
additional term. However, in time of war there is no limit on the number 
of terms.
    ``(d) Grade.--Each Assistant to the Chairman, while so serving, 
holds the grade of major general or, in the case of the Naval Reserve, 
rear admiral. Each such officer shall be considered to be serving in a 
position external to that officer's Armed Force for purposes of section 
721 of title 10, United States Code, as added by section 501(a).
    ``(e) Duties.--The Assistant to the Chairman for National Guard 
Matters is an adviser to the Chairman on matters relating to the 
National Guard and performs the duties prescribed for that position by 
the Chairman. The Assistant to the Chairman for Reserve Matters is an 
adviser to the Chairman on matters relating to the reserves and performs 
the duties prescribed for that position by the Chairman.
    ``(f) Other Reserve Component Representation on Joint Staff.--(1) 
The Secretary of Defense, in consultation with the Chairman of the Joint 
Chiefs, shall develop appropriate policy guidance to ensure that, to the 
maximum extent practicable, the level of reserve component officer 
representation within the Joint Staff is commensurate with the 
significant role of the reserve components within the Total Force.
    ``(2) Not later than March 1, 1998, the Secretary shall submit to 
the Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives a report describing 
the steps taken and being taken to implement this subsection.
    ``(g) Effective Date.--The positions specified in subsection (a) 
shall be established by the Secretary of Defense not later than 60 days 
after the date of the enactment of this Act [Nov. 18, 1997].''

                  Section Referred to in Other Sections

    This section is referred to in sections 525, 664 of this title.
