33 USC § 3026 - Appointments and promotions to permanent grades

---
identifier: "/us/usc/t33/s3026"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 3026 - Appointments and promotions to permanent grades"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "3026"
section_name: "Appointments and promotions to permanent grades"
chapter_number: 43
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS"
subchapter_number: "II"
subchapter_name: "APPOINTMENT AND PROMOTION OF OFFICERS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 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.

---

**Source Credit**: (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.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in  prior to repeal by .

### Amendments

2025— 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).

2012— 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

Amendment 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.