Appointments and promotions to permanent grades

33 U.S.C. § 3026
in effect
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(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.

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