§ 8044. Assistant Commandant of the Marine Corps

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title V § 513(b) · 100 Stat. 992

   Enacted · 10 U.S.C. § 8044

   Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1054, § 5044

   Source evidence

   Code source credit
   Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1054, § 5044

   Enacted provision · exact public law section
   (b) New Chapter.— Part I of subtitle C is amended by inserting after chapter 505 (as added by section 512 of this Act) the following Ante, p. 1042. new chapter: “CHAPTER 506— HEADQUARTERS, MARINE CORPS “Sec. “5041. Headquarters, Marine Corps: function; composition. “5042. Headquarters, Marine Corps: general duties. “5043. Commandant of the Marine Corps. “5044. Assistant Commandant of the Marine Corps. “5045. Chief of Staff; Deputy and Assistant Chiefs of Staff. “§ 5041. Headquarters, Marine Corps: function; composition “(a) There is in the executive part of the Department of the Navy a Headquarters, Marine Corps. The function of the Headquarters, Marine Corps, is to assist the Secretary of the Navy in carrying out his responsibilities. “(b) The Headquarters, Marine Corps, is composed of the following: “(1) The Commandant of the Marine Corps. “(2) The Assistant Commandant of the Marine Corps. “(3) The Chief of Staff of the Marine Corps. “(4) The Deputy Chiefs of Staff. “(5) The Assistant Chiefs of Staff. “(6) Other members of the Navy and Marine Corps assigned or detailed to the Headquarters, Marine Corps. “(7) Civilian employees in the Department of the Navy assigned or detailed to the Headquarters, Marine Corps. “(c) Except as otherwise specifically prescribed by law, the Headquarters, Marine Corps, shall be organized in such manner, and its members shall perform such duties and have such titles, as the Secretary may prescribe. “§ 5042. Headquarters, Marine Corps: general duties “(a) The Headquarters, Marine Corps, shall furnish professional assistance to the Secretary, the Under Secretary, and the Assistant Secretaries of the Navy and to the Commandant of the Marine Corps. “(b) Under the authority, direction, and control of the Secretary of the Navy, the Headquarters, Marine Corps, shall— “(1) subject to subsections (c) and (d) of section 5014 of this title, prepare for such employment of the Marine Corps, and for such recruiting, organizing, supplying, equipping (including research and development), trainin , servicing, mobilizing, demobilizing, administering, and mamtaining of the Marine Corps, as will assist in the execution of any power, duty, or function of the Secretary or the Commandant; “(2) investigate and report upon the efficiency of the Marine Corps and its preparation to support military operations by combatant commanders; “(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions; “(4) asdirected by the Secretary or the Commandant, coordinate the action of organizations of the Marine Corps; and “(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. “§ 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 declazed 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 Corpsonly if— “(A) the officer has had significant experience in joint duty assignments; and “(B) such experience includes at least one joint duty assignment as a general officer. “(3) The President may waive paragraph (2) in the case of an President of U.S. 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) 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, be retired with the grade of general. “(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 intoeffect; “(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 Ante, p. 1012. 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. Ante, p. 1005. “(2) To the extent that such action does not impair the independence of the Commandant in the performance of bis 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. “§ 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 ortheabsence 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.1in 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. “§ 5045. Chief of Staff; Deputy and Assistant Chiefs of Staff “There are in the Headquarters, Marine Corps, a Chief of Staff, not more than five Deputy Chiefs of Staff, and not more than three Assistant Chiefs of Staff, detailed by the Secretary of the Navy from officers on the active-duty list of the Marine Corps.”.

2. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 807(a)(1) · 132 Stat. 1636

   Changed · 10 U.S.C. § 8044

   Pub. L. 115–232 renumbered section 5044 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 5044 of this title as this section.

   Enacted provision · exact public law section
   (1) In general.— Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is 10 USC 8001, 8011–8020, 8022–8028, 8031–8033, 8035–8038, 8041–8047, 8061–8063. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

2 of 2 references resolved to an enrolled provision