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Title 10 — Armed ForcesRelease 119-73not60

§8043 Commandant of the Marine Corps

Title 10 › Subtitle Subtitle C— Navy and Marine Corps › Part I— ORGANIZATION › Chapter 806— HEADQUARTERS, MARINE CORPS › § 8043

Last updated Apr 3, 2026|Official source

Summary

The President appoints the Commandant of the Marine Corps with the Senate’s approval. The Commandant is chosen from Marine Corps generals and serves a four-year term, but can be removed by the President and can be reappointed for up to four more years in war or a national emergency. To be picked, an officer must have significant joint-duty experience, including at least one full tour as a general in a joint assignment, though the President can waive that rule for national security reasons. While serving, the Commandant holds the rank of general but keeps his permanent rank. The Commandant works under and answers to the Secretary of the Navy. He runs the Headquarters, Marine Corps, sends plans and advice to the Secretary, and puts approved plans into action. He supervises Marine Corps (and some Navy) units as the Secretary directs, carries out other duties required by law, and does military tasks given by the President, the Secretary of Defense, or the Secretary of the Navy. As a member of the Joint Chiefs of Staff, he performs those joint duties, tells the Secretary of the Navy about Joint Chiefs’ military advice when it won’t affect his independence, and—under the Secretary of Defense—keeps the Secretary of the Navy informed about major military operations that affect the Navy.

Full Legal Text

Title 10, §8043

Armed Forces — Source: USLM XML via OLRC

(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) 11 See References in Text note below. 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 section 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Pub. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111.

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

2021—Subsec. (e)(5). Pub. L. 116–283, § 1847(e)(6)(B), which directed substitution of “, 3103, and 4274” for “and 2547”, was repealed by Pub. L. 117–81, § 1701(r)(1)(B). Pub. L. 116–283, § 1808(d)(3), as added by Pub. L. 117–81, § 1701(r)(2), substituted “and 3104” for “and 2547”. 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5043 of this title as this section. Subsec. (d). Pub. L. 115–232, § 809(a), substituted “section 8013(f)” for “section 5013(f)”. 2015—Subsec. (e)(5). Pub. L. 114–92 substituted “section 171 and 2547” for “section 171”. 2003—Subsec. (a)(1). Pub. L. 108–136 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”. 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

of 2018 AmendmentAmendment 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. Waiver of Qualifications for Appointment as Service ChiefFor provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of Pub. L. 99–433, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8043

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60