---
kind: "section"
citation: "33 U.S.C. § 3026"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3026"
heading: "Appointments and promotions to permanent grades"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3026"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter II — Appointment and Promotion of Officers"
---

# §3026. Appointments and promotions to permanent grades

- (a) **In general—** Appointments in and promotions to all permanent [grades](/usc/33/3002.md?p=b-2), other than a [grade](/usc/33/3002.md?p=b-2) described in [subsection (b)](#b), shall be made by the President.
- (b) **Flag Officers—** Appointments in and promotions to the [grade](/usc/33/3002.md?p=b-2) 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.)

## Notes

### Editorial Notes

### Prior Provisions

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

### Amendments

2025—Pub. L. 119–60 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—Pub. L. 112–166 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 Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.