§151 — Title 10 Armed Forces | U.S. Code

Summary

Creates the Joint Chiefs of Staff inside the Department of Defense and says who is on it. The group has eight members: the Chairman, the Vice Chairman, the Army Chief of Staff, the Chief of Naval Operations, the Air Force Chief of Staff, the Commandant of the Marine Corps, the Chief of the National Guard Bureau, and the Chief of Space Operations. The Chairman is the main military adviser to the President, the National Security Council, the Homeland Security Council, and the Secretary of Defense. The other members also serve as military advisers. The Chairman must consult the other members and combatant commanders and may tell leaders about the range of military views. After first telling the Secretary of Defense and the Chairman, any member may give advice directly to the President, those councils, or the Secretary. If a member disagrees with the Chairman, the Chairman must present that member’s view at the same time he gives his own. The Chairman must keep his advice from being delayed. The Chairman must call regular meetings, set the agenda, help run the group, and decide when issues are settled. A member may recommend things to Congress after first telling the Secretary of Defense. If the President removes or moves a member before their term ends, the President must notify Congress, including the defense committees, within five days and explain why. This does not stop personnel actions allowed by other laws.

Title 10, §151

Armed Forces — Source: USLM XML via OLRC

(a)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)(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)(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)(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)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)(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)(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.

Notes & Related Subsidiaries

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.

§151 Joint Chiefs of Staff: Composition; Functions