Public Law 119-73 (01/23/2026)

33 U.S.C. § 3026

Appointments and promotions to permanent grades

(a)

In general

Appointments in and promotions to all permanent grades, other than a grade described in subsection (b), shall be made by the President.

(b)

Flag Officers

Appointments in and promotions to the grade of rear admiral (upper half) or above shall be made by the President, by and with the advice and consent of the Senate.

Pub. L. 107–372, title II, § 226116 Stat. 3085Pub. L. 112–166, § 2(gg)(1)126 Stat. 1290Pub. L. 119–60, div. H, title LXXXIV, § 8401(b)139 Stat. 1908(, , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 853i(a) of this titlePub. L. 107–372Provisions similar to those in this section were contained in prior to repeal by .

Amendments

Pub. L. 119–602025— designated existing provisions as subsec. (a) and inserted heading, inserted “, other than a grade described in subsection (b),” after “all permanent grades” and added subsec. (b).

Pub. L. 112–1662012— struck out “, by and with the advice and consent of the Senate” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–166section 6(a) of Pub. L. 112–166section 113 of Title 6Amendment by effective 60 days after , and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see , set out as a note under , Domestic Security.