Public Law 119-83 (04/13/2026)

10 U.S.C. § 8043

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 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)
1
1 See References in Text note below.
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)
Pub. L. 104–106, div. A, title V, § 502(c)110 Stat. 293 Repealed. , , .]
(d)
section 8013(f) of this title Except as otherwise prescribed by law and subject to , 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)
section 151 of this title The Commandant shall also perform the duties prescribed for him as a member of the Joint Chiefs of Staff under .
(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.

Pub. L. 99–433, title V, § 513(b)100 Stat. 1052 Pub. L. 100–456, div. A, title V, § 519(a)(3)102 Stat. 1972 Pub. L. 102–190, div. A, title V, § 505(b)105 Stat. 1358 Pub. L. 104–106, div. A, title V, § 502(c)110 Stat. 293 Pub. L. 108–136, div. A, title V, § 501(b)117 Stat. 1456 Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(C)129 Stat. 880 Pub. L. 115–232, div. A, title VIII132 Stat. 1834 Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3)Pub. L. 117–81, div. A, title XVII, § 1701(r)(2)135 Stat. 2149 Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B)134 Stat. 4257 Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B)135 Stat. 2149 (Added , , , § 5043; amended , , ; , , ; , , ; , , ; , , ; renumbered § 8043 and amended , §§ 807(a)(1), 809(a), , , 1840; , as added , , ; , , ; , , .)

Editorial Notes

References in Text

Section 664(f) of this titlesection 664(d) of this titlePub. L. 114–328, div. A, title V, § 510(g)(1)130 Stat. 2111 , referred to in subsec. (a)(2)(B), was redesignated as by , , .

Prior Provisions

section 5201 of this titlePub. L. 99–433Provisions similar to those in this section were contained in prior to enactment of .

Amendments

Pub. L. 116–283, § 1847(e)(6)(B)Pub. L. 117–81, § 1701(r)(1)(B)2021—Subsec. (e)(5). , which directed substitution of “, 3103, and 4274” for “and 2547”, was repealed by .

Pub. L. 116–283, § 1808(d)(3)Pub. L. 117–81, § 1701(r)(2), as added by , substituted “and 3104” for “and 2547”.

Pub. L. 115–232, § 807(a)(1)section 5043 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (d). , substituted “section 8013(f)” for “section 5013(f)”.

Pub. L. 114–922015—Subsec. (e)(5). substituted “sections 171 and 2547” for “section 171”.

Pub. L. 108–1362003—Subsec. (a)(1). 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”.

Pub. L. 104–1061996—Subsec. (c). 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.”

Pub. L. 102–1901991—Subsec. (c). inserted “and by and with the advice and consent of the Senate” after “President”.

Pub. L. 100–456section 664(f) of this title1988—Subsec. (a)(2)(B). substituted “full tour of duty in a joint duty assignment (as defined in )” for “joint duty assignment”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2018 Amendment

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

Waiver of Qualifications for Appointment as Service Chief

section 532(c) of Pub. L. 99–433100 Stat. 1063 section 3033 of this titleFor provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see , title V, , , which was formerly set out as a note under .