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10 U.S.C. § 8043Commandant of the Marine Corps

submitted 40 years ago by Pub. L. 99-433 to r/title-10-ARMED-FORCES · 524 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President appoints a Commandant of the Marine Corps for a four-year term. This officer must have significant joint duty experience. The Commandant leads Headquarters, Marine Corps and reports to the Secretary of the Navy.

(a) (1) There's a Commandant of the Marine Corps, appointed by the President with Senate approval, for a four-year term, chosen from Marine Corps general officers. The Commandant serves at the President's pleasure. During a war or a national emergency Congress declares, the Commandant can be reappointed for another term of up to four years. (2) The President can only appoint an officer as Commandant if (A) the officer has significant joint duty experience, and (B) that includes at least one full tour in a joint duty assignment as a general officer. (3) The President can waive requirement (2) for an officer if the President decides it's necessary for the national interest. (b) While serving, the Commandant holds the grade of general without losing their permanent grade. (c) This subsection was repealed by Congress in 1996. (d) Unless a law says otherwise, and subject to section 8013(f) of this title, the Commandant works under the Secretary of the Navy's authority, direction, and control, and answers directly to the Secretary. (e) Under the Secretary's authority, direction, and control, the Commandant must: (1) lead Headquarters, Marine Corps; (2) pass its plans and recommendations to the Secretary and advise the Secretary on them; (3) after the Secretary approves those plans or recommendations, act as the Secretary's agent in carrying them out; (4) supervise Marine Corps and Navy members and organizations as the Secretary decides, consistent with the authority given to combatant commanders under chapter 6 of this title; (5) perform the duties set out in sections 171 and 3104 of this title and other laws; and (6) perform other military duties, not already assigned by law, that the President, the Secretary of Defense, or the Secretary of the Navy assigns. (f) (1) The Commandant also performs the duties of a Joint Chiefs of Staff member under section 151 of this title. (2) As long as it doesn't compromise the Commandant's independence as a Joint Chiefs member, the Commandant must tell the Secretary about military advice given by Joint Chiefs members on matters affecting the Department of the Navy. (3) Subject to the Secretary of Defense's authority, direction, and control, the Commandant must keep the Secretary of the Navy fully informed about major military operations that affect the Secretary's duties and responsibilities.
the actual law source: uscode.house.gov ↗public domain
(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) 1 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, § 502(c), Feb. 10, 1996, 110 Stat. 293.]

(d)

Except as otherwise prescribed by law and subject to section 8013(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 sections 171 and 3104 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 credit: (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1052, § 5043; amended Pub. L. 100–456, div. A, title V, § 519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102–190, div. A, title V, § 505(b), Dec. 5, 1991, 105 Stat. 1358; Pub. L. 104–106, div. A, title V, § 502(c), Feb. 10, 1996, 110 Stat. 293; Pub. L. 108–136, div. A, title V, § 501(b), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(C), Nov. 25, 2015, 129 Stat. 880; renumbered § 8043 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840; Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3), as added Pub. L. 117–81, div. A, title XVII, § 1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-433 · 100 Stat. 1052
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 1972
  • 1991Amended · Pub. L. 102-190 · 105 Stat. 1358
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 293
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1456
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 880
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1834, 1840
  • 2021Amended · Pub. L. 116-283 · 135 Stat. 2149
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4257
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2149

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-433 on 1986-10-01.

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