10 U.S.C. §§ 151–166

(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.)

Editorial Notes

Amendments

2025—Subsec. (h). Pub. L. 119–60 added subsec. (h).

2019—Subsec. (a)(8). Pub. L. 116–92 added par. (8).

2016—Subsec. (b)(2). Pub. L. 114–328, § 921(a)(2)(A), substituted “subsection (d)” for “subsections (d) and (e)”.

Subsec. (c)(1). Pub. L. 114–328, § 921(a)(1), substituted “as necessary” for “as he considers appropriate” in introductory provisions.

Subsec. (d). Pub. L. 114–328, § 921(a)(2)(B), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Subsec. (e). Pub. L. 114–328, § 921(a)(2)(C), struck out subsec. (e) which required members of the Joint Chiefs of Staff to provide advice on request to the President, the National Security Council, the Homeland Security Council, or the Secretary of Defense.

2011—Subsec. (a)(7). Pub. L. 112–81 added par. (7).

2006—Subsecs. (b), (c)(2), (d), (e). Pub. L. 109–163 inserted “the Homeland Security Council,” after “the National Security Council,” wherever appearing.

1992—Subsec. (a)(2) to (6). Pub. L. 102–484 added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title IX, § 953(c), Dec. 20, 2019, 133 Stat. 1564, provided that the amendment made by section 953(c) is effective on the date that is one year after Dec. 20, 2019.

(Added Pub. L. 99–433, title II, § 201, Oct. 1, 1986, 100 Stat. 1006; amended Pub. L. 100–180, div. A, title XIII, § 1314(b)(1)(A), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 114–328, div. A, title IX, § 921(b)(1), Dec. 23, 2016, 130 Stat. 2351; Pub. L. 116–283, div. A, title IX, § 924(b)(7)(A), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–159, div. A, title V, § 521(a), Dec. 23, 2024, 138 Stat. 1880.)

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–159 substituted “general or, in the case of the Navy, admiral” for “general, in the case of the Navy, admiral, or, in the case of an officer of the Space Force, the equivalent grade”.

2021—Subsec. (b)(1)(B). Pub. L. 116–283, § 924(b)(7)(A)(i), which directed substitution of “the Commandant of the Marine Corps, or the Chief of Space Operations” for “or the Commandant of the Marine Corps” in subpar. (C), was executed by making the substitution in subpar. (B), to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 116–283, § 924(b)(7)(A)(ii), which directed substitution of “, in the case of the Navy, admiral, or, in the case of an officer of the Space Force, the equivalent grade,” for “or, in the case of the Navy, admiral”, was executed by making the substitution for “or, in the case of an officer of the Navy, admiral”, to reflect the probable intent of Congress.

2016—Subsec. (a)(1). Pub. L. 114–328, § 921(b)(1)(A), substituted “four years, beginning on October 1 of an odd-numbered year. The limitation does not apply in time of war.” for “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.”

Subsec. (a)(3). Pub. L. 114–328, § 921(b)(1)(B), added par. (3) and struck out former par. (3) which read as follows: “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.”

1987—Pub. L. 100–180 substituted “grade and rank” for “rank” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title IX, § 921(b)(2), Dec. 23, 2016, 130 Stat. 2351, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect on January 1, 2019, and shall apply to individuals appointed as Chairman of the Joint Chiefs of Staff on or after that date.”

(Added Pub. L. 99–433, title II, § 201, Oct. 1, 1986, 100 Stat. 1007; amended Pub. L. 106–65, div. A, title X, § 1033, Oct. 5, 1999, 113 Stat. 751; Pub. L. 106–398, § 1 [[div. A], title IX, § 905], Oct. 30, 2000, 114 Stat. 1654, 1654A–226; Pub. L. 107–107, div. A, title IX, § 921(b), Dec. 28, 2001, 115 Stat. 1198; Pub. L. 107–314, div. A, title X, § 1062(a)(1), Dec. 2, 2002, 116 Stat. 2649; Pub. L. 108–136, div. A, title IX, § 903, title X, § 1043(b)(2), Nov. 24, 2003, 117 Stat. 1558, 1610; Pub. L. 112–81, div. A, title VIII, § 820(b), title IX, § 941, Dec. 31, 2011, 125 Stat. 1501, 1548; Pub. L. 112–239, div. A, title VIII, § 845(b), title IX, §§ 951(a), 952, Jan. 2, 2013, 126 Stat. 1848, 1891, 1892; Pub. L. 113–66, div. A, title IX, § 905, Dec. 26, 2013, 127 Stat. 817; Pub. L. 113–291, div. A, title X, § 1071(c)(2), (g)(3), Dec. 19, 2014, 128 Stat. 3508, 3511; Pub. L. 114–92, div. A, title IX, § 901, title X, § 1081(a)(3), Nov. 25, 2015, 129 Stat. 956, 1000; Pub. L. 114–328, div. A, title IX, §§ 921(c), 943, title X, § 1064(c), Dec. 23, 2016, 130 Stat. 2351, 2369, 2409; Pub. L. 115–91, div. A, title X, § 1081(a)(8), (d)(10), Dec. 12, 2017, 131 Stat. 1594, 1600; Pub. L. 115–232, div. A, title IX, §§ 912, 913, Aug. 13, 2018, 132 Stat. 1923; Pub. L. 117–81, div. A, title III, § 311(c), Dec. 27, 2021, 135 Stat. 1626; Pub. L. 118–31, div. A, title X, § 1041(c), Dec. 22, 2023, 137 Stat. 388.)

Editorial Notes

Amendments

2023—Subsec. (d). Pub. L. 118–31 added subsec. (d).

2021—Subsec. (b)(2)(B)(vii). Pub. L. 117–81 added cl. (vii).

2018—Subsec. (a)(6)(D). Pub. L. 115–232, § 912, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “formulating policies for concept development and experimentation for the joint employment of the armed forces;”.

Subsec. (b)(1)(D)(iii). Pub. L. 115–232, § 913(1), substituted “military risk” for “military strategic and operational risks”.

Subsec. (b)(2)(B)(ii). Pub. L. 115–232, § 913(2), substituted “military strategic risks to United States interests and military risks in executing the National Military Strategy (or update)” for “military strategic and operational risks to United States interests and the military strategic and operational risks in executing the National Military Strategy (or update)”.

2017—Subsec. (a). Pub. L. 115–91, § 1081(d)(10), made technical amendment to directory language of Pub. L. 114–328, § 921(c). See 2016 Amendment note below.

Pub. L. 115–91, § 1081(a)(8), in introductory provisions, inserted colon after “the following”.

2016—Subsec. (a). Pub. L. 114–328, § 921(c), as amended by Pub. L. 115–91, § 1081(d)(10), amended the text of subsec. (a) generally. Prior to amendment, subsec. (a) related to Chairman’s functions of planning, advice, and policy formulation.

Subsec. (b)(1). Pub. L. 114–328, § 943(a), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) to (F) and related to national military strategy.

Subsec. (b)(2)(A). Pub. L. 114–328, § 943(b)(1), substituted “in the report” for “of the report” in third sentence.

Subsec. (b)(2)(B). Pub. L. 114–328, § 943(b)(2)(A), inserted “(or update)” after “National Military Strategy” wherever appearing.

Subsec. (b)(2)(B)(ii). Pub. L. 114–328, § 943(b)(2)(B), substituted “military strategic and operational risks to United States interests and the military strategic and operational risks in executing the National Military Strategy (or update).” for “strategic risks to United States interests and the military risks in executing the missions of the National Military Strategy (or update).”

Subsec. (b)(2)(B)(iii). Pub. L. 114–328, § 943(b)(2)(C), struck out “distinguishing between the concepts of probability and consequences” after “levels of risk”.

Subsec. (b)(2)(B)(iv)(II). Pub. L. 114–328, § 943(b)(2)(D), struck out “most” before “current future-years defense program”.

Subsec. (b)(2)(B)(v). Pub. L. 114–328, § 943(b)(2)(E), substituted “of external support, as appropriate.” for “or support of—

“(I) other departments and agencies of the United States Government (including their capabilities and availability);

“(II) alliances, allies, and other friendly nations (including their capabilities, availability, and interoperability); and

“(III) contractors.”

Subsec. (b)(3)(C). Pub. L. 114–328, § 943(c), added subpar. (C).

Subsec. (c)(1). Pub. L. 114–328, § 1064(c), substituted “Not later than 25 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31” for “At or about the time that the budget is submitted to Congress for a fiscal year under section 1105(a) of title 31”.

2015—Subsec. (a)(5). Pub. L. 114–92, § 1081(a)(3), substituted “Joint Force Development Activities” for “Joint force development activities” in heading.

Subsec. (a)(5)(F). Pub. L. 114–92, § 901, added subpar. (F).

2014—Subsec. (a)(5). Pub. L. 113–291, § 1071(g)(3), amended Pub. L. 113–66, § 905(b). See 2013 Amendment note below.

Subsec. (b)(1)(C)(i). Pub. L. 113–291, § 1071(c)(2), substituted “(50 U.S.C. 3043)” for “(50 U.S.C. 404a)”.

2013—Subsec. (a)(3)(F). Pub. L. 112–239, § 845(b), added subpar. (F).

Subsec. (a)(4)(F), (G). Pub. L. 112–239, § 951(a), added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: “Assessing military requirements for defense acquisition programs.”

Subsec. (a)(5). Pub. L. 113–66, § 905(b), as amended by Pub. L. 113–291, § 1071(g)(3), which directed substitution of “Joint force development activities” for “Doctrine, Training, and education” in heading, was executed by making the substitution for “Doctrine, Training, and Education” to reflect the probable intent of Congress.

Subsec. (a)(5)(B). Pub. L. 113–66, § 905(a)(1), inserted “and technical standards, and executing actions,” after “policies”.

Subsec. (a)(5)(C). Pub. L. 113–66, § 905(a)(2), struck out “and training” after “education”.

Subsec. (a)(5)(D), (E). Pub. L. 113–66, § 905(a)(3), added subpars. (D) and (E).

Subsec. (b). Pub. L. 112–239, § 952(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to risks under National Military Strategy.

Subsec. (d). Pub. L. 112–239, § 952(b), struck out subsec. (d) which related to biennial review of National Military Strategy.

2011—Subsec. (a)(3)(C) to (E). Pub. L. 112–81, § 820(b)(1), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

Subsec. (a)(4)(E). Pub. L. 112–81, § 820(b)(2), inserted “and contractor support” after “area of manpower”.

Subsec. (b)(1). Pub. L. 112–81, § 941(1), substituted “assessment of—” for “assessment of the nature and magnitude of the strategic and military risks associated with executing the missions called for under the current National Military Strategy.” and added subpars. (A) and (B).

Subsec. (b)(2). Pub. L. 112–81, § 941(2), inserted “or that critical deficiencies in force capabilities exist for a contingency plan,” after “National Military Strategy is significant,” and “or deficiency” before period at end.

Subsec. (d)(2)(I). Pub. L. 112–81, § 820(b)(3)(A), added subpar. (I).

Subsec. (d)(3)(B). Pub. L. 112–81, § 820(b)(3)(B), substituted “the levels of support from allies and other friendly nations, and the levels of contractor support” for “and the levels of support from allies and other friendly nations”.

2003—Subsec. (b)(1). Pub. L. 108–136, § 903(b), substituted “of each odd-numbered year” for “each year”.

Subsec. (c). Pub. L. 108–136, § 1043(b)(2), in par. (1), substituted “congressional defense committees” for “committees of Congress named in paragraph (2)”, designated the second sentence of par. (1) as par. (2), in par. (2), substituted “Each report under paragraph (1)” for “The report”, and struck out former par. (2) which read as follows: “The committees of Congress referred to in paragraph (1) are the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.”

Subsec. (d). Pub. L. 108–136, § 903(a), added subsec. (d).

2002—Pub. L. 107–314 inserted subsec. (a) heading and redesignated subsecs. (c) and (d) as (b) and (c), respectively.

2001—Subsec. (a). Pub. L. 107–107, § 921(b)(1), struck out “(a) Planning; Advice; Policy Formulation.—” before “Subject to the authority”.

Subsec. (b). Pub. L. 107–107, § 921(b)(2), struck out heading and text of subsec. (b) which read as follows:

“(b) Report on Assignment of Roles and Missions.—(1) Not less than once every three years, or upon the request of the President or the Secretary of Defense, the Chairman shall submit to the Secretary of Defense a report containing such recommendations for changes in the assignment of functions (or roles and missions) to the armed forces as the Chairman considers necessary to achieve maximum effectiveness of the armed forces. In preparing each such report, the Chairman shall consider (among other matters) the following:

“(A) Changes in the nature of the threats faced by the United States.

“(B) Unnecessary duplication of effort among the armed forces.

“(C) Changes in technology that can be applied effectively to warfare.

“(2) The Chairman shall include in each such report recommendations for such changes in policies, directives, regulations, and legislation as may be necessary to achieve the changes in the assignment of functions recommended by the Chairman.”

2000—Subsec. (d)(1). Pub. L. 106–398, § 1 [[div. A], title IX, § 905(b)], substituted “At or about the time that the budget is submitted to Congress for a fiscal year under section 1105(a) of title 31,” for “Not later than August 15 of each year,” in introductory provisions.

Subsec. (d)(1)(C), (D). Pub. L. 106–398, § 1 [[div. A], title IX, § 905(a)], added subpars. (C) and (D).

1999—Subsecs. (c), (d). Pub. L. 106–65 added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(10) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted.

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title X, § 1071(g), Dec. 19, 2014, 128 Stat. 3511, provided that the amendment made by section 1071(g)(3) is effective as of Dec. 26, 2013, and as if included in Pub. L. 113–66 as enacted.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Inclusion of Assessment of Joint Military Training and Force Allocations in Quadrennial Defense Review and National Military Strategy

Pub. L. 112–81, div. A, title III, § 348, Dec. 31, 2011, 125 Stat. 1375, provided that: “The assessments of the National Military Strategy conducted by the Chairman of the Joint Chiefs of Staff under section 153(b) of this title [sic; probably means Title 10, Armed Forces], and the quadrennial roles and missions review pursuant to [former] section 118b of this title [sic], shall include an assessment of joint military training and force allocations to determine— the compliance of the military departments with the joint training, doctrine, and resource allocation recommendations promulgated by the Joint Chiefs of Staff; and the effectiveness of the Joint Staff in carrying out the missions of planning and experimentation formerly accomplished by Joint Forces Command.”

Common Measurement of Operations Tempo and Personnel Tempo

Pub. L. 105–85, div. A, title III, § 326, Nov. 18, 1997, 111 Stat. 1679, provided that: Means for Measurement.—The Chairman of the Joint Chiefs of Staff shall, to the maximum extent practicable, develop (1) a common means of measuring the operations tempo (OPTEMPO) of each of the Armed Forces, and (2) a common means of measuring the personnel tempo (PERSTEMPO) of each of the Armed Forces. The Chairman shall consult with the other members of the Joint Chiefs of Staff in developing those common means of measurement. PERSTEMPO Measurement.—The measurement of personnel tempo developed by the Chairman shall include a means of identifying the rate of deployment for individual members of the Armed Forces in addition to the rate of deployment for units.”

Annual Assessment of Force Readiness

Pub. L. 103–160, div. A, title III, § 376, Nov. 30, 1993, 107 Stat. 1637, provided for an annual assessment of readiness and capability of the Armed Forces by the Chairman of the Joint Chiefs of Staff to be submitted to Congress not later than March 1 of each of 1994, 1995, and 1996 and for interim assessments between annual submissions in the event of a significant change in readiness or capability of the Armed Forces.

Report of Chairman of Joint Chiefs of Staff on Roles and Missions of Armed Forces

Pub. L. 102–484, div. A, title IX, § 901, Oct. 23, 1992, 106 Stat. 2469, provided for the Secretary of Defense to transmit to Congress a copy of the first report relating to the roles and missions of the Armed Forces that was submitted by the Chairman of the Joint Chiefs of Staff under subsec. (b) of this section after Jan. 1, 1992, and directed the Chairman to include in the report comments and recommendations.

Transition Provisions

Pub. L. 99–433, title II, § 204(a), (b), Oct. 1, 1986, 100 Stat. 1011, provided dates for establishment of the uniform system of evaluating the preparedness of each unified and specified combatant command and for submission of the first report.

(Added Pub. L. 99–433, title II, § 201, Oct. 1, 1986, 100 Stat. 1008; amended Pub. L. 100–456, div. A, title V, § 519(a)(1), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102–484, div. A, title IX, § 911(b)(1), Oct. 23, 1992, 106 Stat. 2473; Pub. L. 114–328, div. A, title IX, § 921(d)(1), (2), Dec. 23, 2016, 130 Stat. 2354.)

Editorial Notes

References in Text

Section 664(f) of this title, referred to in subsec. (b)(1)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111.

Amendments

2016—Subsec. (a)(3). Pub. L. 114–328, § 921(d)(1), substituted “for a single term of four years, beginning on October 1 of an odd-numbered year, except that the term may not begin in the same year as the term of a Chairman. In time of war, there is no limit on the number of reappointments.” for “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.”

Subsec. (a)(4). Pub. L. 114–328, § 921(d)(2), added par. (4).

1992—Subsec. (c). Pub. L. 102–484, § 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, § 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)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title IX, § 921(d)(3), Dec. 23, 2016, 130 Stat. 2354, provided that: “The amendments made by this subsection [amending this section] shall take effect on January 1, 2021, and shall apply to individuals appointed as Vice Chairman of the Joint Chiefs of Staff on or after that date.”

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

Pub. L. 100–526, title I, § 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

Pub. L. 99–433, title II, § 204(c), Oct. 1, 1986, 100 Stat. 1011, 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.

(Added Pub. L. 99–433, title II, § 201, Oct. 1, 1986, 100 Stat. 1009; amended Pub. L. 100–180, div. A, title XIII, § 1314(b)(2), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101–510, div. A, title IX, § 902, Nov. 5, 1990, 104 Stat. 1620; Pub. L. 102–484, div. A, title IX, § 911(b)(2), Oct. 23, 1992, 106 Stat. 2473; Pub. L. 103–35, title II, § 202(a)(8), May 31, 1993, 107 Stat. 101; Pub. L. 113–291, div. A, title X, § 1071(c)(1), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–328, div. A, title IX, § 903(b)(1), Dec. 23, 2016, 130 Stat. 2344; Pub. L. 116–92, div. A, title IX, § 901(a)(2)(A), Dec. 20, 2019, 133 Stat. 1541; Pub. L. 116–283, div. A, title IX, § 924(b)(7)(B), Jan. 1, 2021, 134 Stat. 3822.)

Editorial Notes

Amendments

2021—Subsec. (a)(2)(C). Pub. L. 116–283 inserted “and the Space Force” after “the Air Force”.

2019—Subsec. (h)(1). Pub. L. 116–92 substituted “2,250” for “2,069”.

2016—Subsec. (h). Pub. L. 114–328 added subsec. (h).

2014—Subsec. (d). Pub. L. 113–291 substituted “(50 U.S.C. 3002)” for “(50 U.S.C. 401)” in introductory provisions.

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, § 1314(b)(2)(A), inserted “or Congress” after “by the President”.

Subsec. (g)(2)(B). Pub. L. 100–180, § 1314(b)(2)(B), inserted “the President or” after “declared by”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title IX, § 901(a)(2)(B), Dec. 20, 2019, 133 Stat. 1541, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect on December 31, 2019, immediately after the coming into effect of the amendment made by section 903(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2344) [amending this section], to which such amendments relate[.]”

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title IX, § 903(b)(2), Dec. 23, 2016, 130 Stat. 2344, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on December 31, 2019.”

Effective Date of 1993 Amendment

Pub. L. 103–35, title II, § 202(b), May 31, 1993, 107 Stat. 102, 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).”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Establishment of Chairman’s Controlled Activity Within Joint Staff for Intelligence, Surveillance, and Reconnaissance

Pub. L. 115–91, div. A, title XVI, § 1627, Dec. 12, 2017, 131 Stat. 1734, provided that: Chairman’s Controlled Activity.—The Chairman of the Joint Chiefs of Staff shall— undertake the roles, missions, and responsibilities of, and preserve an equal or greater number of personnel billets than the amount of such billets previously prescribed for, the Joint Functional Component Command for Intelligence, Surveillance, and Reconnaissance of the United States Strategic Command; and not later than 30 days after the date of the enactment of this Act [Dec. 12, 2017], establish an organization within the Joint Staff— that is designated as the Joint Staff Intelligence, Surveillance, and Reconnaissance Directorate and Supporting Chairman’s Controlled Activity; for which the Chairman of the Joint Chiefs of Staff shall serve as the joint functional manager; and that shall synchronize cross-combatant command intelligence, surveillance, and reconnaissance plans and develop strategies integrating all intelligence, surveillance, and reconnaissance capabilities provided by joint services, the National Reconnaissance Office, combat support intelligence agencies of the Department of Defense, and allies, to satisfy the intelligence needs of the combatant commands for the Department of Defense. Lead Agent.—The Secretary of Defense shall designate the Secretary of the Air Force as the lead agent and sponsor for funding for the organization established under subsection (a)(2). Data Collection and Analysis to Support ISR Allocation and Synchronization Processes.—In coordination with the Director of Cost Analysis and Program Evaluation, the Chairman of the Joint Chiefs of Staff shall issue guidance to the commanders of the geographical combatant commands that requires the commanders to collect sufficient and relevant data regarding the effectiveness of intelligence, surveillance, and reconnaissance measures in a manner that will— enable the standardized, objective evaluation and analysis of that data with respect to the use and effectiveness of the intelligence, surveillance, and reconnaissance capabilities provided to the commanders; and support recommendations made by the organization established under subsection (a)(2) to the Secretary of Defense regarding the allocation of intelligence, surveillance, and reconnaissance resources of the Department of Defense.”

Increased Flexibility in Use of Funds for Joint Staff Exercises

Pub. L. 109–364, div. A, title X, § 1052, Oct. 17, 2006, 120 Stat. 2396, provided that: In General.—Amounts available to the Chairman of the Joint Chiefs of Staff for joint staff exercises may be available for any expenses as follows: Expenses of the Armed Forces in connection with such exercises, including expense relating to self-deploying watercraft under the jurisdiction of a military department. Expenses relating to the costs of port support activities in connection with such exercises, including transportation and port handling. Expenses relating to the breakout and operation of prepositioned watercraft and lighterage for joint logistics and over the shore exercises in connection with such exercises. Supplement Not Supplant.—Any amounts made available by the Chairman of the Joint Chiefs of Staff under subsection (a) for expenses covered by that subsection are in addition to any other amounts available under law for such expenses.”

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, § 901, Nov. 18, 1997, 111 Stat. 1853, as amended by Pub. L. 109–163, div. A, title V, § 515(h), Jan. 6, 2006, 119 Stat. 3237, which established the positions of Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters and Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters within the Joint Staff, was repealed and restated as former section 155a of this title by Pub. L. 112–239, § 511(a), (c), Jan. 2, 2013, 126 Stat. 1717, 1718.

Section, added Pub. L. 112–239, div. A, title V, § 511(a), Jan. 2, 2013, 126 Stat. 1717, related to Assistants to the Chairman of the Joint Chiefs of Staff for National Guard matters and Reserve matters.

Editorial Notes

Prior Provisions

Provisions similar to those formerly contained in this section were contained in Pub. L. 105–85, div. A, title IX, § 901, Nov. 18, 1997, 111 Stat. 1853, which was set out as a note under section 155 of this title, prior to repeal by Pub. L. 112–239, § 511(c).

Statutory Notes and Related Subsidiaries

Retention of Grade of Incumbents in Positions on Effective Date

Pub. L. 114–328, div. A, title V, § 502(tt), as added by Pub. L. 115–91, div. A, title V, § 506(a)(1), Dec. 12, 2017, 131 Stat. 1374, provided that: “The grade of service of an officer serving as of the date of the enactment of this Act [Dec. 23, 2016, see below] in a position whose statutory grade is affected by an amendment made by this section [see Tables for classification] may not be reduced after that date by reason of such amendment as long as the officer remains in continuous service in such position after that date.”

[Pub. L. 115–91, div. A, title V, § 506(a)(2), Dec. 12, 2017, 131 Stat. 1374, provided that: “The amendment made by paragraph (1) [enacting section 502(tt) of Pub. L. 114–328, set out above] shall take effect as of December 23, 2016, and be treated as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).” ]

(Added Pub. L. 110–181, div. A, title V, § 543(e)(1), Jan. 28, 2008, 122 Stat. 115; amended Pub. L. 110–417, [div. A], title V, § 591, Oct. 14, 2008, 122 Stat. 4474; Pub. L. 111–84, div. A, title V, § 501(a), Oct. 28, 2009, 123 Stat. 2272; Pub. L. 114–328, div. A, title V, § 502(b), Dec. 23, 2016, 130 Stat. 2102.)

Editorial Notes

Amendments

2016—Subsecs. (c), (d). Pub. L. 114–328 redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “An officer appointed to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall be appointed in the regular grade of brigadier general or rear admiral (lower half).”

2009—Subsec. (c). Pub. L. 111–84 substituted “be appointed in the regular” for “, while so serving, hold the”.

2008—Subsec. (d). Pub. L. 110–417 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title V, § 501(b), Oct. 28, 2009, 123 Stat. 2272, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 28, 2009], and shall apply with respect to individuals appointed as Legal Counsel to the Chairman of the Joint Chiefs of Staff on or after that date.”

(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1012; amended Pub. L. 117–263, div. A, title IX, § 912, Dec. 23, 2022, 136 Stat. 2751.)

Editorial Notes

Amendments

2022—Subsec. (b)(2). Pub. L. 117–263 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except during time of hostilities or imminent threat of hostilities, the President shall notify Congress not more than 60 days after—

“(A) establishing a new combatant command; or

“(B) significantly revising the missions, responsibilities, or force structure of an existing combatant command.”

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 115–232, div. A, title XII, § 1251(a), Aug. 13, 2018, 132 Stat. 2053, provided that: “The combatant command known as the United States Pacific Command shall be known as the ‘United States Indo-Pacific Command’. Any reference to the United States Pacific Command in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the United States Indo-Pacific Command.”

Establishment of Joint Force Headquarters in Area of Operations of United States Indo-Pacific Command

Pub. L. 117–263, div. A, title X, § 1087, Dec. 23, 2022, 136 Stat. 2802, provided that: Establishment.—Not later than October 1, 2024, the Secretary of Defense shall establish a joint force headquarters in the area of operations of United States Indo-Pacific Command, in accordance with the implementation plan required under subsection (b).Implementation Plan and Establishment of Joint Force Headquarters.— Implementation plan.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an implementation plan for the establishment of a joint force headquarters in the area of operations of United States Indo-Pacific Command to serve as an operational command. Such plan shall include— the integration of joint all domain command and control effects chains and mission command and control, including in conflicts that arise with minimal warning; the integration of the capabilities of Assault Breaker II, developed by the Defense Advanced Research Projects Agency, and related developmental efforts as they transition to operational deployment; the exercise of other joint all domain command and control capabilities and functions; and such other missions and operational tasks as the Secretary determines appropriate. Elements.—The plan required by paragraph (1) shall include each of the following with respect to the joint force headquarters to be established: A description of the operational chain of command. An identification of the manning and resourcing required, relative to assigned missions, particularly the sources of personnel required. A description of the mission and lines of effort. A description of the relationship with existing entities in United States Indo-Pacific Command, including an assessment of complementary and duplicative activities with such entities and the joint force headquarters. An identification of supporting infrastructure required. Such other matters as the Secretary considers appropriate. Support for Joint Force Headquarters.—The commander of the joint force headquarters established under this section shall be supported by the United States Indo-Pacific Command subordinate unified commands, subordinate component commands, standing joint task force, and the Armed Forces.Annual Report Required.— In general.—Not later than one year after the date of the establishment of the joint force headquarters required under subsection (a), and not less frequently than once each year thereafter until December 31, 2028, the Secretary of Defense shall submit to the congressional defense committees an annual report on the joint force headquarters established under this section. Contents.—Each report submitted under paragraph (1) shall include the following: A description of the mission and lines of effort of the joint force headquarters. An accounting of the personnel and other resources supporting the joint force headquarters, including support external to the headquarters. A description of the operational chain of command of the joint force headquarters. An assessment of the manning and resourcing of the joint force headquarters, relative to assigned missions. A description of the relationship with existing entities in Indo-Pacific Command, including an assessment of complementary and duplicative activities with such entities and the joint force headquarters. Form.—Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.”

Matters To Be Considered in Next Assessment of Current Missions, Responsibilities, and Force Structure of Unified Combatant Commands

Pub. L. 104–201, div. A, title IX, § 905, Sept. 23, 1996, 110 Stat. 2619, required the Chairman of the Joint Chiefs of Staff to consider, as part of the next periodic review after Sept. 23, 1996, pursuant to subsec. (b) of this section: (1) whether there was an adequate distribution of responsibilities among the regional unified combatant commands; (2) whether fewer or differently configured commands would permit the United States to better execute warfighting plans; (3) whether any assets or activities were redundant; (4) whether warfighting requirements were adequate to justify current commands; (5) whether exclusion of certain nations from the Areas of Responsibility presented difficulties with respect to national security objectives in those areas; and (6) whether the boundary between the United States Central and European Commands could create command conflicts in the context of a major regional conflict in the Middle East.

Initial Review of Combatant Commands

Pub. L. 99–433, title II, § 212, Oct. 1, 1986, 100 Stat. 1017, set out 10 areas to be covered in first review of missions, responsibilities, and force structure of unified combatant commands under subsec. (b) of this section, and directed that first report to President be made not later than Oct. 1, 1987.

Executive Documents

Disestablishment of United States Joint Forces Command

Memorandum of President of the United States, Jan. 6, 2011, 76 F.R. 1977, provided:

Memorandum for the Secretary of Defense

Pursuant to my authority as Commander in Chief and under 10 U.S.C. 161, I hereby accept the recommendations of the Secretary of Defense and Chairman of the Joint Chiefs of Staff and approve the disestablishment of United States Joint Forces Command, effective on a date to be determined by the Secretary of Defense. I direct this action be reflected in the 2010 Unified Command Plan.

Pursuant to 10 U.S.C. 161(b)(2) and 3 U.S.C. 301, you are directed to notify the Congress on my behalf.

You are authorized and directed to publish this memorandum in the Federal Register.

Revisions to Unified Command Plan

The following presidential memoranda approved and directed the implementation of a revised Unified Command Plan and directed notification to Congress consistent with subsec. (b)(2) of this section:

Memorandum of President of the United States, Mar. 14, 2025, 90 F.R. 13045.

Memorandum of President of the United States, Apr. 25, 2023, 88 F.R. 26219.

Memorandum of President of the United States, May 24, 2019, 84 F.R. 24977.

Memorandum of President of the United States, Apr. 6, 2011, 76 F.R. 19893.

Establishment of United States Space Command as a Unified Combatant Command

Memorandum of President of the United States, Dec. 18, 2018, 83 F.R. 65483, provided:

Memorandum for the Secretary of Defense

Pursuant to my authority as the Commander in Chief and under section 161 of title 10, United States Code, and in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, I direct the establishment, consistent with United States law, of United States Space Command as a functional Unified Combatant Command. I also direct the Secretary of Defense to recommend officers for my nomination and Senate confirmation as Commander and Deputy Commander of the new United States Space Command.

I assign to United States Space Command: (1) all the general responsibilities of a Unified Combatant Command; (2) the space-related responsibilities previously assigned to the Commander, United States Strategic Command; and (3) the responsibilities of Joint Force Provider and Joint Force Trainer for Space Operations Forces. The comprehensive list of authorities and responsibilities for United States Space Command will be included in the next update to the Unified Command Plan.

Consistent with section 161(b)(2) of title 10, United States Code, and section 301 of title 3, United States Code, you are directed to notify the Congress on my behalf.

You are authorized and directed to publish this memorandum in the Federal Register.

(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1012; amended Pub. L. 100–180, div. A, title XIII, § 1313, Dec. 4, 1987, 101 Stat. 1175; Pub. L. 100–456, div. A, title VII, § 711, Sept. 29, 1988, 102 Stat. 1997; Pub. L. 104–201, div. A, title X, § 1073(a), Sept. 23, 1996, 110 Stat. 2657; Pub. L. 114–328, div. A, title IX, § 924, Dec. 23, 2016, 130 Stat. 2358; Pub. L. 115–91, div. A, title X, § 1081(a)(9), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)

Editorial Notes

Amendments

2018—Subsec. (a)(2). Pub. L. 115–232 substituted “section 7013, 8013, or 9013” for “section 3013, 5013, or 8013”.

2017—Subsec. (a)(4). Pub. L. 115–91 struck out comma after “command of”.

2016—Subsec. (a)(1). Pub. L. 114–328, § 924(1), substituted “As directed by the Secretary of Defense” for “Except as provided in paragraph (2)” and “specified forces” for “all forces” and struck out “Such assignments shall be made as directed by the Secretary of Defense, including direction as to the command to which forces are to be assigned.” before “The Secretary of Defense”.

Subsec. (a)(2). Pub. L. 114–328, § 924(2), added par. (2) and struck out former par. (2) which read as follows: “Except as otherwise directed by the Secretary of Defense, forces to be assigned by the Secretaries of the military departments to the combatant commands or to the United States element of the North American Aerospace Defense Command under paragraph (1) do not include forces assigned to carry out functions of the Secretary of a military department listed in sections 3013(b), 5013(b), and 8013(b) of this title or forces assigned to multinational peacekeeping organizations.”

Subsec. (a)(4). Pub. L. 114–328, § 924(3)(B), struck out “assigned to, and” before “under the command”.

Pub. L. 114–328, § 924(3)(A), which directed striking out “operating with the geographic area”, was executed by striking out “operating within the geographic area” after “all forces” to reflect the probable intent of Congress.

1996—Subsec. (a)(1) to (3). Pub. L. 104–201 substituted “North American Aerospace Defense Command” for “North American Air Defense Command”.

1988—Subsec. (a)(1) to (3). Pub. L. 100–456 inserted “or to the United States element of the North American Air Defense Command”.

1987—Subsec. (a)(2). Pub. L. 100–180 inserted before period at end “or forces assigned to multinational peacekeeping organizations”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Implementation of Assignment of Forces to Combatant Commands

Pub. L. 99–433, title II, § 214(a), Oct. 1, 1986, 100 Stat. 1018, provided that section 162(a) of this title shall be implemented not later than 90 days after Oct. 1, 1986.

(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1013.)

(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1013; amended Pub. L. 100–456, div. A, title V, § 519(a)(2), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 110–181, div. A, title XVIII, § 1824(b), Jan. 28, 2008, 122 Stat. 501; Pub. L. 114–328, div. A, title V, § 516, title IX, § 921(e), Dec. 23, 2016, 130 Stat. 2113, 2354; Pub. L. 115–91, div. A, title X, § 1081(a)(10), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 118–31, div. A, title XVII, § 1722(a)(3), Dec. 22, 2023, 137 Stat. 667; Pub. L. 119–60, div. A, title IX, § 911(b), Dec. 18, 2025, 139 Stat. 1015.)

Editorial Notes

Amendments

2025—Subsec. (a)(3). Pub. L. 119–60 added par. (3).

2023—Subsec. (e)(4). Pub. L. 118–31 designated existing provisions as subpar. (A), substituted “shall be—” and cls. (i) and (ii) for “shall be a qualified officer of a reserve component of the armed forces who is eligible for promotion to the grade of O–9, unless a reserve component officer is serving as commander of that combatant command.”, and added subpar. (B).

2017—Subsec. (a)(1)(B). Pub. L. 115–91 substituted “section 664(d)” for “section 664(f)”.

2016—Subsec. (b)(3). Pub. L. 114–328, § 921(e)(1), added par. (3).

Subsec. (e)(4). Pub. L. 114–328, § 516, substituted “a reserve component of the armed forces” for “the National Guard” and “a reserve component officer” for “a National Guard officer”.

Subsec. (h). Pub. L. 114–328, § 921(e)(2), added subsec. (h).

2008—Subsec. (e)(4). Pub. L. 110–181 added par. (4).

1988—Subsec. (a)(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)”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–433, title II, § 214(c), Oct. 1, 1986, 100 Stat. 1019, provided that: “Subsections (e), (f), and (g) of section 164 of title 10, United States Code (as added by section 211 of this Act), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act [Oct. 1, 1986], or on such earlier date as may be prescribed by the Secretary of Defense.”

Consideration of Reserve Component Officers for Appointment to Certain Command Positions

Pub. L. 112–81, div. A, title V, § 518, Dec. 31, 2011, 125 Stat. 1397, provided that: “Whenever officers of the Armed Forces are considered for appointment to the position of Commander, Army North Command or Commander, Air Force North Command, fully qualified officers of the National Guard and the Reserves shall be considered for appointment to such position.”

Sense of Congress

Pub. L. 110–181, div. A, title XVIII, § 1824(a), Jan. 28, 2008, 122 Stat. 501, provided that: “It is the sense of Congress that, whenever officers of the Armed Forces are considered for promotion to the grade of lieutenant general, or vice admiral in the case of the Navy, on the active duty list, officers in the reserve components of the Armed Forces who are eligible for promotion to such grade should be considered for promotion to such grade.”

Waiver of Qualifications for Assignment as Combatant Commander

Pub. L. 99–433, title II, § 214(b), Oct. 1, 1986, 100 Stat. 1018, authorized President, until Oct. 1, 1990, to waive, on a case-by-case basis, certain requirements provided for in subsec. (a) of this section relating to assignment of commanders of combatant commands.

(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1016.)

(Added Pub. L. 99–433, title II, § 211(a), Oct. 1, 1986, 100 Stat. 1016; amended Pub. L. 102–190, div. A, title X, § 1052(b), Dec. 5, 1991, 105 Stat. 1471; Pub. L. 115–91, div. A, title X, § 1081(a)(11), Dec. 12, 2017, 131 Stat. 1594.)

Editorial Notes

Amendments

2017—Subsec. (c). Pub. L. 115–91 substituted “section 322” for “section 2011”.

1991—Subsec. (c). Pub. L. 102–190 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–433, title II, § 214(d), Oct. 1, 1986, 100 Stat. 1019, provided that: “Section 166 of title 10, United States Code (as added by section 211 of this Act), shall take effect with budget proposals for fiscal year 1989.”