10 U.S.C. § 8042 — Headquarters, Marine Corps: general du-

Page 3159 TITLE 10—ARMED FORCES § 8042 (i) includes key findings, recommenda- tions, and implementation plans; and (ii) indicates any additional support need- ed from other organizations of the Depart- ment, such as the Defense Contract Audit Agency and the Defense Contract Manage- ment Agency, for implementation. (Added Pub. L. 117–81, div. A, title X, § 1012(a), Dec. 27, 2021, 135 Stat. 1890.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–81, div. A, title X, § 1012(c), Dec. 27, 2021, 135 Stat. 1892, provided that: ‘‘On the date that is 30 days after the date of enactment of the [James M. Inhofe] National Defense Authorization Act for Fiscal Year 2023 [Dec. 23, 2022]— ‘‘(1) this section [enacting this section] and the amendments made by this section shall take effect; and ‘‘(2) the Secretary of the Navy shall appoint an in- dividual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair and notify the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] of such ap- pointment.’’ CHAPTER 806—HEADQUARTERS, MARINE CORPS Sec. 8041. Headquarters, Marine Corps: function; com- position. 8042. Headquarters, Marine Corps: general duties. 8043. Commandant of the Marine Corps. 8044. Assistant Commandant of the Marine Corps. 8045. Deputy Commandants. 8046. Staff Judge Advocate to the Commandant of the Marine Corps. 8047. Legislative Assistant to the Commandant. 8048. Medical Officer of the Marine Corps. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 509B(a)(2), Dec. 23, 2024, 138 Stat. 1872, added item 8048. 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(1), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 506 of this title as this chapter and items 5041 to 5047 as 8041 to 8047, respectively. 2002—Pub. L. 107–314, div. A, title V, § 504(d)(3)(B), Dec. 2, 2002, 116 Stat. 2532, added item 5047. 2000—Pub. L. 106–398, § 1 [[div. A], title IX, § 902(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–224, substituted ‘‘Dep- uty Commandants’’ for ‘‘Chief of Staff; Deputy and As- sistant Chiefs of Staff’’ in item 5045. 1986—Pub. L. 99–661, div. A, title V, § 509(a)(2), Nov. 14, 1986, 100 Stat. 3868, added item 5046. § 8041. Headquarters, Marine Corps: function; composition (a) There is in the executive part of the De- partment 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 com- posed of the following: (1) The Commandant of the Marine Corps. (2) The Assistant Commandant of the Marine Corps. (3) The Deputy Commandants. (4) The Staff Judge Advocate to the Com- mandant of the Marine Corps. (5) Other members of the Navy and Marine Corps assigned or detailed to the Head- quarters, Marine Corps. (6) Civilian employees in the Department of the Navy assigned or detailed to the Head- quarters, 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. (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1052, § 5041; amended Pub. L. 106–398, § 1 [[div. A], title IX, § 902(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–224; Pub. L. 112–239, div. A, title V, § 531(c), Jan. 2, 2013, 126 Stat. 1726; renumbered § 8041, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5041 of this title as this section. 2013—Subsec. (b)(4) to (6). Pub. L. 112–239 added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2000—Subsec. (b)(3) to (7). Pub. L. 106–398 added par. (3), redesignated pars. (6) and (7) as (4) and (5), respec- tively, and struck out former pars. (3) to (5) which read as follows: ‘‘(3) The Chief of Staff of the Marine Corps. ‘‘(4) The Deputy Chiefs of Staff. ‘‘(5) The Assistant Chiefs of Staff.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT 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. § 8042. Headquarters, Marine Corps: general du- ties (a) The Headquarters, Marine Corps, shall fur- nish professional assistance to the Secretary, the Under Secretary, and the Assistant Secre- taries 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 sec- tion 8014 of this title, prepare for such employ- ment of the Marine Corps, and for such re- cruiting, organizing, supplying, equipping (in- cluding research and development), training, servicing, mobilizing, demobilizing, admin- istering, and maintaining of the Marine Corps, as will assist in the execution of any power, duty, or function of the Secretary or the Com- mandant; (2) investigate and report upon the efficiency of the Marine Corps and its preparation to sup- port military operations by combatant com- manders; (3) prepare detailed instructions for the exe- cution of approved plans and supervise the execution of those plans and instructions; Page 3160 TITLE 10—ARMED FORCES § 8043 1 See References in Text note below. (4) as directed by the Secretary or the Com- mandant, coordinate the action of organiza- tions of the Marine Corps; and (5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary. (Added Pub. L. 99–433, title V, § 513(b), Oct. 1, 1986, 100 Stat. 1052, § 5042; renumbered § 8042 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5042 of this title as this section. Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted ‘‘section 8014’’ for ‘‘section 5014’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT 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. § 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 Com- mandant shall be appointed for a term of four years from the general officers of the Marine Corps. He serves at the pleasure of the Presi- dent. In time of war or during a national emer- gency declared by Congress, he may be re- appointed 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 de- fined in section 664(f) 1 of this title) as a gen- eral 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 with- out 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 Com- mandant performs his duties under the author- ity, direction, and control of the Secretary of the Navy and is directly responsible to the Sec- retary. (e) Subject to the authority, direction, and control of the Secretary of the Navy, the Com- mandant shall— (1) preside over the Headquarters, Marine Corps; (2) transmit the plans and recommendations of the Headquarters, Marine Corps, to the Sec- retary and advise the Secretary with regard to such plans and recommendations; (3) after approval of the plans or rec- ommendations 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 chap- ter 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 De- fense, 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 im- pair the independence of the Commandant in the performance of his duties as a member of the Joint Chiefs of Staff, the Commandant shall in- form 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 Com- mandant 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, § 513(b), Oct. 1, 1986, 100 Stat. 1052, § 5043; amended Pub. L. 100–456, div. A, title V, § 519(a)(3), Sept. 29, 1988, 102 Stat. 1972; Pub. L. 102–190, div. A, title V, § 505(b), Dec. 5, 1991, 105 Stat. 1358; Pub. L. 104–106, div. A, title V, § 502(c), Feb. 10, 1996, 110 Stat. 293; Pub. L. 108–136, div. A, title V, § 501(b), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 114–92, div. A, title VIII, § 802(d)(4)(C), Nov. 25, 2015, 129 Stat. 880; renumbered § 8043 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840; Pub. L. 116–283, div. A, title XVIII, § 1808(d)(3), as added Pub. L. 117–81, div. A, title XVII, § 1701(r)(2), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 116–283, div. A, title XVIII, § 1847(e)(6)(B), Jan. 1, 2021, 134 Stat. 4257; Pub. L. 117–81, div. A, title XVII, § 1701(r)(1)(B), Dec. 27, 2021, 135 Stat. 2149.) 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 con- tained 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