Chairman: appointment; grade and rank.
Legal Counsel to the Chairman of the Joint Chiefs of Staff.
Section 141, acts Aug. 10, 1956, ch. 1041, 70A Stat. 6; Aug. 6, 1958, Pub. L. 85–599, §7, 72 Stat. 519; Sept. 7, 1962, Pub. L. 87–651, title II, §204, 76 Stat. 519; Oct. 20, 1978, Pub. L. 95–485, title VIII, §807, 92 Stat. 1622, provided for composition and functions of Joint Chiefs. See section 151 of this title.
Section 142, acts Aug. 10, 1956, ch. 1041, 70A Stat. 7; Sept. 7, 1962, Pub. L. 87–649, §14c(1), 76 Stat. 501; Oct. 19, 1984, Pub. L. 98–525, title XIII, §1301(b), 98 Stat. 2611, provided for appointment and duties of Chairman of Joint Chiefs. See sections 152 and 153 of this title.
Section 143, acts Aug. 10, 1956, ch. 1041, 70A Stat. 7; Aug. 6, 1958, Pub. L. 85–599, §5(a), 72 Stat. 517; Oct. 19, 1984, Pub. L. 98–525, title XIII, §1301(c), 98 Stat. 2611, provided for a Joint Staff. See section 155 of this title.
2016—Pub. L. 114–328, div. A, title V, §502(a)(2), Dec. 23, 2016, 130 Stat. 2102, struck out item 155a "Assistants to the Chairman of the Joint Chiefs of Staff for National Guard matters and Reserve matters".
2013—Pub. L. 112–239, div. A, title V, §511(b), Jan. 2, 2013, 126 Stat. 1718, added item 155a.
2008—Pub. L. 110–417, [div. A], title X, §1061(a)(2), Oct. 14, 2008, 122 Stat. 4612, inserted period at end of item 156.
Pub. L. 110–181, div. A, title V, §543(e)(2), Jan. 28, 2008, 122 Stat. 115, added item 156.
1987—Pub. L. 100–180, div. A, title XIII, §1314(b)(1)(B), Dec. 4, 1987, 101 Stat. 1175, substituted "grade and rank" for "rank" in item 152.
1986—Pub. L. 99–433, title II, §201, Oct. 1, 1986, 100 Stat. 1005, amended chapter 5 heading and analysis generally, substituting items 151–155 for items 141–143.
(7) The Chief of the National Guard Bureau.
(b) Function as Military Advisers.—(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).
(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) Advice and Opinions of Members Other Than Chairman.—(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.
(f) Recommendations to Congress.—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) Meetings of JCS.—(1) The Chairman shall convene regular meetings of the Joint Chiefs of Staff.
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.
(a) Appointment; Term of Office.—(1) There is a 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. The Chairman serves at the pleasure of the President for a term of four years, beginning on October 1 of an odd-numbered year. The limitation does not apply in time of war.
(3) The President may extend to eight years the combined period of service of an officer as Chairman and Vice Chairman if the President determines that such action is in the national interest. The limitation in this paragraph does not apply in time of war.
(c) Grade and Rank.—The 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. However, he may not exercise military command over the Joint Chiefs of Staff or any of the armed forces.
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.
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."
(1) Strategic direction.—Assisting the President and the Secretary in providing for the strategic direction of the armed forces.
(E) preparing joint logistic and mobility plans to support national defense strategies and recommending the assignment of responsibilities to the armed forces in accordance with such plans.
(B) advising the Secretary on the allocation and transfer of forces among geographic and functional combatant commands, as necessary, to address transregional, multi-domain, and multifunctional threats.
(E) establishing and maintaining, after consultation with the commanders of the unified and specified combatant commands, a uniform system of evaluating the preparedness of each such command, and groups of commands collectively, to carry out missions assigned to the command or commands.
(G) recommending to the Secretary appropriate trade-offs among life-cycle cost, schedule, performance, and procurement quantity objectives in the acquisition of materiel and equipment to support the strategic and contingency plans required by this paragraph in the most effective and efficient manner.
(F) advising the Secretary on development of joint command, control, communications, and cybercapability, including integration and interoperability of such capability, through requirements, integrated architectures, data standards, and assessments.
(C) performing such other duties as may be prescribed by law or by the President or the Secretary.
(1) National military strategy.—(A) The Chairman shall determine each even-numbered year whether to prepare a new National Military Strategy in accordance with this paragraph or to update a strategy previously prepared in accordance with this paragraph. The Chairman shall provide such National Military Strategy or update to the Secretary of Defense in time for transmittal to Congress pursuant to paragraph (3), including in time for inclusion in the report of the Secretary of Defense, if any, under paragraph (4).
(B) Each National Military Strategy (or update) under this paragraph shall be based on a comprehensive review conducted by the Chairman in conjunction with the other members of the Joint Chiefs of Staff and the commanders of the unified and specified combatant commands. Each update shall address only those parts of the most recent National Military Strategy for which the Chairman determines, on the basis of the review, that a modification is needed.
(v) any other national security or defense strategic guidance issued by the President or the Secretary of Defense.
(vi) establish military guidance for the development of the joint force and the total force building on guidance by the President and the Secretary of Defense as referred to in subparagraph (C).
(2) Risk assessment.—(A) The Chairman shall prepare each year an assessment of the risks associated with the most current National Military Strategy (or update) under paragraph (1). The risk assessment shall be known as the "Risk Assessment of the Chairman of the Joint Chiefs of Staff". The Chairman shall complete preparation of the Risk Assessment in time for transmittal to Congress pursuant to paragraph (3), including in time for inclusion in the report of the Secretary of Defense, if any, under paragraph (4).
(i) As the Chairman considers appropriate, update any changes to the strategic environment, threats, objectives, force planning and sizing constructs, assessments, and assumptions that informed the National Military Strategy (or update) required by this section.
(ii) Identify and define the military strategic risks to United States interests and military risks in executing the National Military Strategy (or update).
(iii) Identify and define levels of risk, including an identification of what constitutes "significant" risk in the judgment of the Chairman.
(II) for each category of risk, assess the extent to which current or future risk increases, decreases, or is stable as a result of budgetary priorities, tradeoffs, or fiscal constraints or limitations as currently estimated and applied in the current future-years defense program under section 221 of this title.
(v) Identify and assess risk associated with the assumptions or plans of the National Military Strategy (or update) about the contributions of external support, as appropriate.
(vi) Identify and assess the critical deficiencies and strengths in force capabilities (including manpower, logistics, intelligence, and mobility support) identified during the preparation and review of the contingency plans of each unified combatant command, and identify and assess the effect of such deficiencies and strengths for the National Military Strategy (or update).
(3) Submittal of national military strategy and risk assessment to congress.—(A) Not later than February 15 of each even-numbered year, the Chairman shall, through the Secretary of Defense, submit to the Committees on Armed Services of the Senate and the House of Representatives the National Military Strategy or update, if any, prepared under paragraph (1) in such year.
(B) Not later than February 15 each year, the Chairman shall, through the Secretary of Defense, submit to the Committees on Armed Services of the Senate and the House of Representatives the Risk Assessment prepared under paragraph (2) in such year.
(C) The National Military Strategy (or update) and Risk Assessment submitted under this subsection shall be classified in form, but shall include an unclassified summary.
(4) Secretary of defense reports to congress.—(A) In transmitting a National Military Strategy (or update) or Risk Assessment to Congress pursuant to paragraph (3), the Secretary of Defense shall include in the transmittal such comments of the Secretary thereon, if any, as the Secretary considers appropriate.
(ii) specify, for each risk addressed, the extent of, and a schedule for expected mitigation of, such risk, and an assessment of the potential for residual risk, if any, after mitigation.
(c) Annual Report on Combatant Command Requirements.—(1) 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, the Chairman shall submit to the congressional defense committees a report on the requirements of the combatant commands established under section 161 of this title.
(A) A consolidation of the integrated priority lists of requirements of the combatant commands.
(B) The Chairman's views on the consolidated lists.
(C) A description of the extent to which the most recent future-years defense program (under section 221 of this title) addresses the requirements on the consolidated lists.
(D) A description of the funding proposed in the President's budget for the next fiscal year, and for the subsequent fiscal years covered by the most recent future-years defense program, to address each deficiency in readiness identified during the joint readiness review conducted under section 117 of this title for the first quarter of the current fiscal year.
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)(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".
"(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).
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.
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.
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.
"(2) the effectiveness of the Joint Staff in carrying out the missions of planning and experimentation formerly accomplished by Joint Forces Command."
"(a) 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.
"(b) 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."
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.
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.
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.
(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.
(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.
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.
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."
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)".
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."
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.
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.
(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.
(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.
(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.
(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).
(h) Personnel Limitations.—(1) The total number of members of the armed forces and civilian employees assigned or detailed to permanent duty for the Joint Staff may not exceed 2,069.
(2) Not more than 1,500 members of the armed forces on the active-duty list may be assigned or detailed to permanent duty for the Joint Staff.
(3) The limitations in paragraphs (1) and (2) do not apply in time of war.
(4) Each limitation in paragraphs (1) and (2) may be exceeded by a number equal to 15 percent of such limitation in time of national emergency.
See 2016 Amendment note below.
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.
"(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".
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."
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)."
"(C) 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.
"(b) 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).
"(2) 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."
"(1) Expenses of the Armed Forces in connection with such exercises, including expense relating to self-deploying watercraft under the jurisdiction of a military department.
"(2) Expenses relating to the costs of port support activities in connection with such exercises, including transportation and port handling.
"(3) 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.
"(b) 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."
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.
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).
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."
(a) In General.—There is a Legal Counsel to the Chairman of the Joint Chiefs of Staff.
(b) Selection for Appointment.—Under regulations prescribed by the Secretary of Defense, the officer selected for appointment to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall be recommended by a board of officers convened by the Secretary of Defense that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
(c) Duties.—(1) The Legal Counsel of the Chairman of the Joint Chiefs of Staff shall perform such legal duties in support of the responsibilities of the Chairman of the Joint Chiefs of Staff as the Chairman may prescribe.
(2) No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.
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).
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."


text:
Rutherford, Constance. American Water Spaniel. A Complete and Reliable Handbook. Neptune City. T.F.H. nd. 94 pps. Octavo. Hardcover. First edition. Illustrated in color and black & white. Fine copy in near fine dust jacket (in mylar).
Rutherford, Ward. The Druids & Their Heritage. Photo available. London. Gordon & Cremonesi. 1978. Octavo. Hard cover. First edition. Illustrated. Fine copy in fine dust jacket (in mylar).
Rutstein, Nathan. Racism. Unraveling the Fear. Washington. Global Classroom. 1997. Octavo. Soft cover. First edition. Fine copy.
Ruuth, Marianne. Cruel City. The Dark Side of Hollywood's Rich & Famous. Malibu. Roundtable. 1991. 190 pps. Octavo. Hardcover. First edition. Illustrated. Fine copy in near fine dust jacket (in mylar).
Ryback, Timothy W. Hitler's Private Library: The Books that Shaped His Life. New York. Alfred A. Knopf. 2008. 278 pps. Octavo. Hardcover. First edition. Fine copy in fine dust jacket (in mylar).
Rybczynski, Witold. City Life. New York. Simon and Schuster. 1995. Octavo. Soft cover. First edition. Fine copy.
Saari, Jon L. Black Ties and Miners' Boots: Inventing Finnish-American Philanthropy. A History of Finlandia Foundation National. 1953-2003. Solvang. Finlandia Foundation. 2003. 184 pps. Octavo. Soft cover. First edition. Illustrated. Fine copy.
Saba, Michael. The Armageddon Network. Brattleboro. Amana. 1984. Octavo. Soft cover. First edition. Fine copy (owner blind stamp).
Sabljak, Mark. A Bloody Legacy. Chronicles of American Murder. New York. Gramercy. 1992. 182 pps. Octavo. Hardcover. First edition. Illustrated. Fine copy in near fine dust jacket (in mylar).
Sabljak, Mark. Most Wanted. A History of the FBI's Ten Most Wanted List. New York. Bonanza Books. 1990. Octavo. Hardcover. First edition. Illustrated. Fine copy in fine dust jacket (in mylar).
Sabolich, John. You're Not Alone. With the Personal Stories of 38 Amputees. Oklahoma City. Self published. 1993. 358 pps. Octavo. Soft cover. First edition. Illustrated. Fine copy.
Sabrin, B. F.- ed. Alliance for Murder. The Nazi-Ukranian Nationalist Partnership in Genocide. New York. Sarpedon. 1991. 304 pps. Octavo. Hardcover. First edition. Fine copy in fine dust jacket (in mylar).
Sachar, Abram. A History of the Jews... Thirty Centuries of Judaism... Economic, Social, and Environmental Factors... New York. Alfred A. Knopf. 1966. 478 pps. + index. Octavo. Hardcover. Reprint. Four maps. Illustrated. Fine copy in near fine (very light shelf wear) dust jacket (in mylar).
Sachar, Howard M. Diaspora. An Inquiry Into the Contemporary Jewish World. New York. Harper & Row. 1985. Octavo. Hardcover. First edition. Fine copy in fine dust jacket (in mylar).
Sack, A. J. (Arkady Joseph, 1889- ). The Birth of the Russian Democracy. New York. Russian Information Bureau. 1918. 552 pps. Octavo. Hardcover. First edition. Illustrated. Very good copy. Light shelf wear.
Sadat, Jehan. A Woman of Egypt. New York. Simon & Schuster. 1987. Octavo. Hardcover. First edition. Illustrated. Fine copy in fine dust jacket (in mylar).
Saddlemyer, Ann (ed). Letters to Molly. John Millington Synge to Maire O'Neill. 1906-1909. Cambridge. Belknap Press. 1971. 330 pps. Octavo. Soft cover. First edition. Illustrated. Near fine copy (very light shelf wear).

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text:
Believing that Jesus is the Christ makes us “born of God,” i.e., his children. How does this lead to loving others, keeping his commandments, and overcoming the world?
What might have been attractive about the false teaching that Jesus is indeed our savior, but that he never died on the cross?
 Morris, L. L. (1994). 1 John. In D. A. Carson, R. T. France, J. A. Motyer, & G. J. Wenham (Eds.), New Bible commentary: 21st century edition (4th ed., p. 1408). Leicester, England; Downers Grove, IL: Inter-Varsity Press.
What is one way of showing God to the world (v.12)?
What is the basis of my “confidence for the day of judgment”?
Reflect on v. 18. What fears does the love of God cast out of my life?
What are some ways that the love of God has caused me to love others?
 6 Morris, L. L. (1994). 1 John. In D. A. Carson, R. T. France, J. A. Motyer, & G. J. Wenham (Eds.), New Bible commentary: 21st century edition (4th ed., p. 1407). Leicester, England; Downers Grove, IL: Inter-Varsity Press.
What implications does John’s call to “test the spirits” have on my responsibility as a believer?
Is there someone I am listening to without validating what he/she is saying with the truths in the Bible?
What truths about Jesus did the false prophets deny?
How does this passage give me strength in my battle against the influences, values, and strongholds of the world?
What is the true source of love?
What are the wrong sources of love that I have been looking to and what has been the result?
Based on v. 8, what is one way in which I can come to know God better?
How does envy thwart brotherly love? What warning should I heed from the example of Cain?
Think about the two models presented here–Cain or Jesus–and evaluate how they are reflected in my life.
What do these verses teach about the nature of love?
John reassures sensitive consciences. Believers should live before God not in trembling anxiety, but in calm confidence.
How can the fact that “God is greater than my heart” encourage me in my Christian walk? Morris, L. L. (1994). 1 John. In D. A. Carson, R. T. France, J. A. Motyer, & G. J. Wenham (Eds.), New Bible commentary: 21st century edition (4th ed., p. 1405). Leicester, Englan; Downers Grove, IL: Inter-Varsity Press.
According to this passage, who are we now, and what will be become?
8 If we say we have no sin, we deceive ourselves, and the truth is not in us. …10 If we say we have not sinned, we make him a liar, and his word is not in us.
In light of our current identity and future destiny, why does it make sense that a Christian would not “make a practice of sinning” (vv.4, 8, 9)? Morris, L. L. (1994). 1 John. In D. A. Carson, R. T. France, J. A. Motyer, & G. J. Wenham (Eds.), New Bible commentary: 21st century edition (4th ed., p. 1404). Leicester, England; Downers Grove, IL: Inter-Varsity Press.
From v. 22, what was the reason the false teachers (or “the antichrists”) left the fellowship of believers?
What do v. 19 and v. 22 show about the basis of Christian fellowship?
What is the antidote to false teaching?
To what extent have I been abiding in the basic gospel message that I “heard from the beginning”?
Since John’s reference to “children” refers to all believers, what are two things that are common among all believers, according to vv. 12-13? What does this say about what is central to being a Christian?
Reflect on the fact that if I “[love] the world, the love of the Father is not in [me].” How do my actions show where my allegiance lies? What are the things that keep me from doing the will of God?
Reflect on the description of the world. Do I agree that these things are “not from the Father”?
Think about the words “passing away” and “forever” in v.17. How do these realities affect my attachment to the world?
What is Jesus called in v.1?
Imagine what Jesus would say on my behalf when I sin, and write down what he would say based on this passage, as well as on 1:9.
1 John 1:9 (ESV): If we confess our sins, he is faithful and just to forgive us our sins and to cleanse us from all unrighteousness.
What is the relationship between growing in our knowledge of Jesus and keeping his commandments (v.3-6)?
How does Christian joy become complete?
What does John mean by the expression “walking in the light” vs. “walking in darkness”? In other words, what specific conduct is the text talking about through this imagery of light and darkness?
The text tells us that walking in the light leads to “fellowship with one another” (v.7). Think about the state of my relationships. Are some relationships distant because I have not walked in the light?
Reflect on the promise of v.9. How is it “just” for God to “forgive us our sins” based on our confession?
Are there some sins that I need to confess today and claim v. 9?

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Any and all court papers, briefs, transcripts of proceedings, attorney work product, or court records (except reported judicial decisions) that have been filed in any case addressing the issues raised in this case.
Any and all law review articles, bar journal articles, or similar publications that analyze the issues raised in this case and which are not yet publicly available through publication either in print, on Lexis or Westlaw, or on the Internet. In the event that a team or one of its members has already had access to such a publication, disclosure of the title and author of the publication and the circumstances in which it was accessed must be made to the Ames Competition Case Writers, Julie Barton, HLS ‘92 (jbarton@law.harvard.edu) and Meryl Kessler, HLS ‘93 (mkessler@law.harvard.edu) and to the opposing team. In such circumstances, arrangements will be made to afford the opposing team access to the publication in question, and both teams will be required to treat the publication in question as confidential unless the author or copyright owner of the publication agrees otherwise. Publications by practitioners and students are included in this prohibition; however, no team member is required to disclose his or her own related scholarship.
Any studies or surveys beyond those explicitly included in the Record. Nor may any team member use any material external to the record to undermine, support, or elaborate on any studies or surveys referred to in the Record.
Promptly direct any questions about this policy for Off-Limits Materials to Julie Barton or Meryl Kessler.
Plaintiffs bring this action pursuant to the Fourth and Fourteenth Amendments of the United States Constitution and 42 U.S.C. §1983. Plaintiffs seek declaratory and injunctive relief to challenge the constitutionality and prohibit the enforcement of the Ames Juvenile Curfew Act (the “Ames Curfew”), Ames Gen. L. ch. 87, §1 et seq., on the grounds that the Ames Curfew violates the Equal Protection rights of minors. Plaintiffs further bring this action for damages and other relief appropriate under 42 U.S.C. §1983 for violation of Plaintiffs’ civil rights by Defendant Amesville Playland under color of state law.
This action is brought pursuant to 42 U.S.C. §1983 to redress the deprivation, under color of state law, of rights secured by the United States Constitution.
This Court has jurisdiction pursuant to 28 U.S.C. §1331.
Plaintiffs’ claims for declaratory and injunctive relief are authorized by 28 U.S.C. §§2201 and 2202, Rules 57 and 65 of the Federal Rules of Civil Procedure, and by the general legal and equitable powers of this Court.
Venue is appropriate in this Court under 28 U.S.C. §1391(b) because the events giving rise to Plaintiffs’ claims occurred within the State of Ames.
Plaintiff Spencer McNeil (“McNeil”) is a minor who is now, and at all times mentioned was, a resident of the town of Amesville located in the State of Ames. McNeil sues by and through his mother and next of friend, Vanessa McNeil.
Plaintiff Juan Perez (“Perez”) is a minor who is now, and at all times mentioned was, a resident of the town of Amesville located in the State of Ames. Perez sues by and through his father and next of friend, Jose Perez.
Defendant Sam Lu (“Lu”) is now, and at all times mentioned was, the Chief of Police of the Town of Amesville located in the State of Ames. The Amesville Police Department, under the control of Defendant Lu, enforces the law in Amesville.
Defendant Sarah Jackson (“Jackson”) is now, and at all times mentioned was, the duly elected prosecutor of Amesly County located in the State of Ames. Defendant Jackson determines whether to prosecute persons in Amesley County. The Town of Amesville is located in Amesly County within the State of Ames.
Defendant Amesville Playland (“Playland”) is now, and at all times mentioned was, an enterprise owned and operated by Stanley Yaznetz and located in Amesville, Ames.
In pertinent part, the Ames Curfew makes it unlawful for minors, defined as persons under the age of eighteen (18), “to remain, idle, wander, stroll or play in any public place or establishment in the State of Ames during curfew hours.” Ames Gen. L. ch. 87, §4(A). Curfew hours are defined as “between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. of the following day; and 12:01 a.m. until 5:00 a.m. on any Saturday or Sunday.” Ames Gen. L. ch. 87, §3(A).
The Ames Curfew makes it “unlawful for the owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.” Ames Gen. L. ch. 87, §4(C). An “establishment” is defined under the Ames Curfew as “any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.” Ames Gen. L. ch. 87, §(3)(C).
Under the Ames Curfew, “[u]pon probable cause, the owner, operator, or any employee of an establishment may question any person suspected of being a minor and take reasonable steps to prevent minors from entering or remaining on the premises during curfew hours.” Ames Gen. L. ch. 87, §4(C).
On or about Friday, July 25, 2003, at approximately 9 p.m., McNeil and Perez, both age fifteen (15), arrived at Playland, an amusement park and arcade located in Amesville, Ames.
At approximately 12:15 a.m. on Saturday, July 26, 2003, Stanley Yaznetz (“Yaznetz”), the owner and operator of Playland, approached McNeil and Perez while they were playing video games in the arcade.
Yaznetz asked McNeil and Perez if they were under the age of 18, but McNeil and Perez refused to respond to Yaznetz’s inquiry.
Yaznetz asked McNeil and Perez to leave the Playland premises, but they indicated that they wanted to continue playing video games with the tokens they had already purchased.
Yaznetz called over two Playland employees and together they forcibly escorted McNeil and Perez to Yaznetz’s office on the Playland premises where Yaznetz called the Amesville police.
Yaznetz and his employees forcibly detained McNeil and Perez in Yaznetz’s office for at least 45 minutes while they waited for the Amesville police to arrive. During this time, Yaznetz denied McNeil and Perez’s various requests to call their parents, use the bathroom, and go home.
At approximately 1:10 a.m., Officer John Garrity (“Garrity”), an Amesville police lieutenant, arrived at Yaznetz’s Playland office where Yaznetz delivered McNeil and Perez into Garrity’s custody.
On information and belief, since the enactment of the Ames Curfew, Yaznetz has previously detained at least eight (8) other minors and delivered them to the Amesville police at Playland.
Using Yaznetz’s office, Garrity questioned McNeil and Perez and determined that they were minors within the definition of the Ames Curfew.
Garrity issued McNeil and Perez each a citation instructing them to appear in Juvenile Court and, if found to be without a defense for this violation, to be fined $250.
At their hearings, McNeil and Perez each testified that they had permission from their parents to stay out past 12:01 a.m. on Saturdays and Sundays during the school summer vacation. Furthermore, Vanessa McNeil and Jose Perez also testified at their sons’ hearings that both boys had their permission to stay out past 12:01 a.m. on Saturdays and Sundays during the summer school vacation.
Noting that the Ames Curfew contains no exception for minors who are out after curfew hours even with a parent’s permission, the Juvenile Court judge imposed the fine of $250 on both McNeil and Perez.
Plaintiffs reallege and incorporate by reference each and every allegation contained in the preceding paragraphs as if set forth fully herein.
The Ames Curfew deprives the Plaintiffs of their fundamental right to free movement within the State of Ames.
The State of Ames has no compelling interest in restricting the movement of all minors within the State of Ames after curfew hours.
Even if the State of Ames has a compelling interest in restricting the movement of all minors in the State of Ames after curfew hours, the Ames Curfew is not narrowly tailored to accomplish its goals.
Defendants Lu and Jackson are charged with enforcing the Ames Curfew.
Denying minor Plaintiffs the fundamental right to move freely in the State of Ames violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
The owner and operator of Playland, as well as Playland employees, acting under color of the Ames Curfew, forcibly and unreasonably detained Plaintiffs in violation of the Fourth Amendment of the United States Constitution.
The forcible detention of Plaintiffs constituted a customary plan followed by Playland and the Amesville police.
Playland acted in concert with the Amesville police to deprive Plaintiffs of their civil rights.
As a result of the actions set forth above, Plaintiffs were damaged by Playland and are entitled to damages and other appropriate relief.
Granting such other relief as the Court may deem just and proper.
1. Defendants are entitled to summary judgment if no material facts remain in dispute.
2. The parties have stipulated to all of the material facts together with certain third-party sources of data.
3. The Ames Juvenile Curfew Act (“Ames Curfew”), Ames Gen. L. ch. 87, §1 et seq., does not deprive Plaintiffs of a fundamental right and therefore does not merit review under a standard of strict scrutiny.
4. The Ames Curfew survives either intermediate or rational-basis scrutiny.
5. Even if the Ames Curfew does merit strict scrutiny, it serves the State of Ames’s compelling interest and is narrowly tailored to accomplish the goal of preventing minors from participating in or being victims of crime.
6. Accordingly, the Ames Curfew does not violate Plaintiffs’ Fourteenth Amendment Equal Protection Rights and Defendants Lu and Jackson are entitled to summary judgment as a matter of law.
1. Defendant Playland is entitled to summary judgment if no material facts remain in dispute.
3. Defendant Playland is not a state actor acting under color of state law and therefore cannot be held liable for a deprivation of Plaintiffs’ constitutional rights under 42 U.S.C. §1983.
4. Therefore, Defendant Playland is entitled to summary judgment as a matter of law.


53-171. Licenses; issuance of more than one kind to same person; when unlawful; craft brewery, manufacturer, or microdistillery licensee; limitations.
No person licensed as a wholesaler of alcoholic liquor shall be permitted to receive any retail license at the same time. No person licensed as a manufacturer shall be permitted to receive any retail license at the same time except as set forth in subsection (2) of section 53-123.01 with respect to the manufacture, distribution, and retail sale of beer, and the Nebraska Liquor Control Act shall not be construed to permit the holder of a manufacturer’s license issued pursuant to such subsection to engage in the wholesale distribution of alcoholic liquor. No person licensed as a retailer of alcoholic liquor shall be permitted to receive any manufacturer's or wholesale license at the same time. This section shall not apply to the holder of a farm winery license. The holder of a craft brewery license shall have the privileges and duties listed in section 53-123.14 with respect to the manufacture, distribution, and retail sale of beer, and the Nebraska Liquor Control Act shall not be construed to permit the holder of a craft brewery license to engage in the wholesale distribution of beer. The holder of a microdistillery license shall have the privileges and duties listed in section 53-123.16 with respect to the manufacture of alcoholic liquor, and the Nebraska Liquor Control Act shall not be construed to permit the holder of a microdistillery license to engage in the wholesale distribution of alcoholic liquor.
Source:Laws 1935, c. 116, § 30, p. 397; C.S.Supp.,1941, § 53-330; R.S.1943, § 53-171; Laws 1953, c. 182, § 1, p. 573; Laws 1969, c. 441, § 4, p. 1478; Laws 1985, LB 279, § 12; Laws 1988, LB 1089, § 25; Laws 1991, LB 344, § 56; Laws 1996, LB 750, § 12; Laws 2007, LB549, § 18; Laws 2016, LB1105, § 26.