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, § 226 , Dec. 19, 2002 , 116 Stat. 3085 ; Pub. L. 112–166, § 2(gg)(1) , Aug. 10, 2012 , 126 Stat. 1290 ; Pub. L. 119–60, div. H, title LXXXIV, § 8401(b) , Dec. 18, 2025 , 139 Stat. 1908 .)