
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: 10USC5044]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
                 CHAPTER 506--HEADQUARTERS, MARINE CORPS
 
Sec. 5044. Assistant Commandant of the Marine Corps

    (a) There is an Assistant Commandant of the Marine Corps, appointed 
by the President, by and with the advice and consent of the Senate, from 
officers on the active-duty list of the Marine Corps not restricted in 
the performance of duty.
    (b) The Assistant Commandant of the Marine Corps, while so serving, 
has the grade of general without vacating his permanent grade.
    (c) The Assistant Commandant has such authority and duties with 
respect to the Marine Corps as the Commandant, with the approval of the 
Secretary of the Navy, may delegate to or prescribe for him. Orders 
issued by the Assistant Commandant in performing such duties have the 
same effect as those issued by the Commandant.
    (d) When there is a vacancy in the office of Commandant of the 
Marine Corps, or during the absence or disability of the Commandant--
        (1) the Assistant Commandant of the Marine Corps shall perform 
    the duties of the Commandant until a successor is appointed or the 
    absence or disability ceases; or
        (2) if there is a vacancy in the office of the Assistant 
    Commandant of the Marine Corps or the Assistant Commandant is absent 
    or disabled, unless the President directs otherwise, the most senior 
    officer of the Marine Corps in the Headquarters, Marine Corps, who 
    is not absent or disabled and who is not restricted in performance 
    of duty shall perform the duties of the Commandant until a successor 
    to the Commandant or the Assistant Commandant is appointed or until 
    the absence or disability of the Commandant or Assistant Commandant 
    ceases, whichever occurs first.

(Added Pub. L. 99-433, title V, Sec. 513(b), Oct. 1, 1986, 100 Stat. 
1054.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 5202 of this title prior to enactment of Pub. L. 99-433.
