Title 33 — Navigation and Navigable Waters
Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps
§ 3026. Appointments and promotions to permanent grades
Statutory text
In general
Appointments in and promotions to all permanent grades, other than a grade described in subsection (b), shall be made by the President.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 107–372 title II § 226 · 116 Stat. 3078
Enacted · 33 U.S.C. § 3026
Pub. L. 107–372, title II, § 226, Dec. 19, 2002, 116 Stat. 3085
Source evidence
Code source credit
Pub. L. 107–372, title II, § 226, Dec. 19, 2002, 116 Stat. 3085Enacted provision · exact public law section
SEC. 226. APPOINTMENTS AND PROMOTIONS TO PERMANENT GRADES. Appointments in and promotions to all permanent grades shall be made by the President, by and with the advice and consent of the Senate.Presidential Appointment Efficiency and Streamlining Act of 2011
Pub. L. 112–166 § 2(gg)(1) · 126 Stat. 1283
Struck · 33 U.S.C. § 3026
Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end
Source evidence
Code amendment note
Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.Enacted provision · exact public law section
(1) Appointments and promotions to permanent grades.— Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended by striking “, by and with the advice and consent of the Senate”.Effective date note
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.Pub. L. 119–60 div. H title LXXXIV § 8401(b) · 139 Stat. 1908
Amended · 33 U.S.C. § 3026
Pub. L. 119–60 designated existing provisions as subsec. (a)
Inserted · 33 U.S.C. § 3026
Pub. L. 119–60 inserted heading
Inserted · 33 U.S.C. § 3026
Pub. L. 119–60 inserted “, other than a grade described in subsection (b),” after “all permanent grades”
Added · 33 U.S.C. § 3026
Pub. L. 119–60 added subsec. (b)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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).
2 of 6 references resolved to an enrolled provision · 4 unresolved
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.
Amendments2012–2025 · 2 rounds
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 , 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.