(a) In generalAppointments in and promotions to all permanent grades, other than a grade described in subsection (b), shall be made by the President.
(b) Flag OfficersAppointments 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.)
Editorial Notes
Prior ProvisionsProvisions similar to those in this section were contained in section 853i(a) of this title prior to repeal by Pub. L. 107–372.
Amendments2025—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 AmendmentAmendment 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.