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-CITE-
10 USC Sec. 5043 01/03/2007-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 506 - HEADQUARTERS, MARINE CORPS-HEAD-
Sec. 5043. Commandant of the Marine Corps-STATUTE-
(a)(1) There is a Commandant of the Marine Corps, appointed by
the President, by and with the advice and consent of the Senate.
The Commandant shall be appointed for a term of four years from the
general officers of the Marine Corps. He serves at the pleasure of
the President. In time of war or during a national emergency
declared by Congress, he may be reappointed for a term of not more
than four years.
(2) The President may appoint an officer as Commandant of the
Marine Corps only if -
(A) the officer has had significant experience in joint duty
assignments; and
(B) such experience includes at least one full tour of duty in
a joint duty assignment (as defined in section 664(f) of this
title) as a general officer.(3) The President may waive paragraph (2) in the case of an
officer if the President determines such action is necessary in the
national interest.
(b) The Commandant of the Marine Corps, while so serving, has the
grade of general without vacating his permanent grade.
[(c) Repealed. Pub. L. 104-106, div. A, title V, Sec. 502(c),
Feb. 10, 1996, 110 Stat. 293.]
(d) Except as otherwise prescribed by law and subject to section
5013(f) of this title, the Commandant performs his duties under the
authority, direction, and control of the Secretary of the Navy and
is directly responsible to the Secretary.
(e) Subject to the authority, direction, and control of the
Secretary of the Navy, the Commandant shall -
(1) preside over the Headquarters, Marine Corps;
(2) transmit the plans and recommendations of the Headquarters,
Marine Corps, to the Secretary and advise the Secretary with
regard to such plans and recommendations;
(3) after approval of the plans or recommendations of the
Headquarters, Marine Corps, by the Secretary, act as the agent of
the Secretary in carrying them into effect;
(4) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant commands
under chapter 6 of this title, over such of the members and
organizations of the Marine Corps and the Navy as the Secretary
determines;
(5) perform the duties prescribed for him by section 171 of
this title and other provisions of law; and
(6) perform such other military duties, not otherwise assigned
by law, as are assigned to him by the President, the Secretary of
Defense, or the Secretary of the Navy.(f)(1) The Commandant shall also perform the duties prescribed
for him as a member of the Joint Chiefs of Staff under section 151
of this title.
(2) To the extent that such action does not impair the
independence of the Commandant in the performance of his duties as
a member of the Joint Chiefs of Staff, the Commandant shall inform
the Secretary regarding military advice rendered by members of the
Joint Chiefs of Staff on matters affecting the Department of the
Navy.
(3) Subject to the authority, direction, and control of the
Secretary of Defense, the Commandant shall keep the Secretary of
the Navy fully informed of significant military operations
affecting the duties and responsibilities of the Secretary.-SOURCE-
(Added Pub. L. 99-433, title V, Sec. 513(b), Oct. 1, 1986, 100
Stat. 1052; amended Pub. L. 100-456, div. A, title V, Sec.
519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102-190, div. A,
title V, Sec. 505(b), Dec. 5, 1991, 105 Stat. 1358; Pub. L. 104-
106, div. A, title V, Sec. 502(c), Feb. 10, 1996, 110 Stat. 293;
Pub. L. 108-136, div. A, title V, Sec. 501(b), Nov. 24, 2003, 117
Stat. 1456.)-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 5201 of this title prior to enactment of Pub. L. 99-433.AMENDMENTS
2003 - Subsec. (a)(1). Pub. L. 108-136 substituted "from the
general officers of the Marine Corps" for "from officers on the
active-duty list of the Marine Corps not below the grade of
colonel".
1996 - Subsec. (c). Pub. L. 104-106 struck out subsec. (c) which
read as follows: "An officer who is retired while serving as
Commandant of the Marine Corps, or who, after serving at least two
and one-half years as Commandant, is retired after completion of
that service while serving in a lower grade than general, may, in
the discretion of the President and by and with the advice and
consent of the Senate, be retired with the grade of general."
1991 - Subsec. (c). Pub. L. 102-190 inserted "and by and with the
advice and consent of the Senate" after "President".
1988 - Subsec. (a)(2)(B). Pub. L. 100-456 substituted "full tour
of duty in a joint duty assignment (as defined in section 664(f) of
this title)" for "joint duty assignment".WAIVER OF QUALIFICATIONS FOR APPOINTMENT AS SERVICE CHIEF
For provisions giving President temporary authority to waive
requirements in subsec. (a)(2) of this section, see section 532(c)
of Pub. L. 99-433, formerly set out as a note under section 3033 of
this title.
