Laws: Cases and Codes : U.S. Code : Title 10 : Section 5044


   
U.S. Code as of: 01/19/04
Section 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.



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