---
kind: "section"
citation: "10 U.S.C. § 604"
title: "10"
title_heading: "Armed Forces"
number: "604"
heading: "Senior joint officer positions: recommendations to the Secretary of Defense"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/604"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 35 — Temporary Appointments in Officer Grades"
---

# §604. Senior joint officer positions: recommendations to the Secretary of Defense

- (a) **Joint 4-Star Officer Positions.—**
  - (1) Whenever a vacancy occurs, or is anticipated to occur, in a position specified in [subsection (b)](#b)—
    - (A) the [Secretary](/usc/10/4951.md?p=3) of Defense shall require the [Secretary](/usc/10/4951.md?p=3) of the Army to submit the name of at least one Army [officer](/usc/10/101.md?p=b-1), the [Secretary](/usc/10/4951.md?p=3) of the Navy to submit the name of at least one Navy [officer](/usc/10/101.md?p=b-1) and the name of at least one Marine Corps [officer](/usc/10/101.md?p=b-1), and the [Secretary](/usc/10/4951.md?p=3) of the Air Force to submit the name of at least one Air Force [officer](/usc/10/101.md?p=b-1) and the name of at least one Space Force [officer](/usc/10/101.md?p=b-1) for consideration by the [Secretary](/usc/10/4951.md?p=3) for recommendation to the President for appointment to that position; and
    - (B) the Chairman of the Joint Chiefs of Staff may submit to the [Secretary](/usc/10/4951.md?p=3) of Defense the name of one or more [officers](/usc/10/101.md?p=b-1) (in addition to the [officers](/usc/10/101.md?p=b-1) whose names are submitted pursuant to [subparagraph (A)](#a-1-A)) for consideration by the [Secretary](/usc/10/4951.md?p=3) for recommendation to the President for appointment to that position.
  - (2) Whenever the [Secretaries](/usc/10/4951.md?p=3) of the [military departments](/usc/10/101.md?p=a-8) are required to submit the names of [officers](/usc/10/101.md?p=b-1) under [paragraph (1)(A)](#a-1-A), the Chairman of the Joint Chiefs of Staff shall submit to the [Secretary](/usc/10/4951.md?p=3) of Defense the Chairman’s evaluation of the performance of each [officer](/usc/10/101.md?p=b-1) whose name is submitted under that paragraph (and of any [officer](/usc/10/101.md?p=b-1) whose name the Chairman submits to the [Secretary](/usc/10/4951.md?p=3) under [paragraph (1)(B)](#a-1-B) for consideration for the same vacancy). The Chairman’s evaluation shall primarily consider the performance of the [officer](/usc/10/101.md?p=b-1) as a member of the Joint Staff and in other [joint duty assignments](/usc/10/668.md?p=b-1), but may include consideration of other aspects of the [officer](/usc/10/101.md?p=b-1)’s performance as the Chairman considers appropriate.
- (b) **Covered Positions.—** [Subsection (a)](#a) applies to the following positions:
  - (1) Commander of a combatant command.
  - (2) Commander, [United States](/usc/10/101.md?p=a-1) Forces, Korea.

## Source credit

(Added Pub. L. 103–337, div. A, title IV, § 405(c)(1), Oct. 5, 1994, 108 Stat. 2745; amended Pub. L. 104–201, div. A, title IV, § 404(a), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 106–65, div. A, title V, § 509(a), Oct. 5, 1999, 113 Stat. 592; Pub. L. 107–314, div. A, title IV, § 405(a), Dec. 2, 2002, 116 Stat. 2526; Pub. L. 108–136, div. A, title V, § 504(a), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 114–328, div. A, title V, § 502(e), Dec. 23, 2016, 130 Stat. 2102; Pub. L. 116–283, div. A, title IX, § 924(b)(15), Jan. 1, 2021, 134 Stat. 3823.)

## Notes

### Editorial Notes

### Amendments

2021—Subsec. (a)(1)(A). Pub. L. 116–283 inserted “and the name of at least one Space Force officer” after “Air Force officer”.

2016—Subsec. (b)(3). Pub. L. 114–328 struck out par. (3) which read as follows: “Deputy commander, United States European Command, but only if the commander of that command is also the Supreme Allied Commander, Europe.”

2003—Subsec. (c). Pub. L. 108–136 struck out heading and text of subsec. (c). Text read as follows: “This section shall cease to be effective at the end of December 31, 2004.”

2002—Subsec. (c). Pub. L. 107–314 substituted “December 31, 2004” for “September 30, 2003”.

1999—Subsec. (c). Pub. L. 106–65 substituted “September 30, 2003” for “September 30, 2000”.

1996—Subsec. (c). Pub. L. 104–201 substituted “September 30, 2000” for “September 30, 1997”.