
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5043]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
                 CHAPTER 506--HEADQUARTERS, MARINE CORPS
 
Sec. 5043. Commandant of the Marine Corps

    (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 officers on 
the active-duty list of the Marine Corps not below the grade of colonel. 
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    [(c) Repealed.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.

(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.)


                            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

    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.
