
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2902]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
          CHAPTER 29--COMMISSIONS, OATHS, RECORDS, AND REPORTS
 
              SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS
 
Sec. 2902. Commission; where recorded

    (a) Except as provided by subsections (b) and (c) of this section, 
the Secretary of State shall make out and record, and affix the seal of 
the United States to, the commission of an officer appointed by the 
President. The seal of the United States may not be affixed to the 
commission before the commission has been signed by the President.
    (b) The commission of an officer in the civil service or uniformed 
services under the control of the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of Defense, the Secretary of a 
military department, the Secretary of the Interior, or the Secretary of 
the Treasury shall be made out and recorded in the department in which 
he is to serve under the seal of that department. The departmental seal 
may not be affixed to the commission before the commission has been 
signed by the President.
    (c) The commissions of judicial officers and United States attorneys 
and marshals, appointed by the President, by and with the advice and 
consent of the Senate, and other commissions which before August 8, 
1888, were prepared at the Department of State on the requisition of the 
Attorney General, shall be made out and recorded in the Department of 
Justice under the seal of that department and countersigned by the 
Attorney General. The departmental seal may not be affixed to the 
commission before the commission has been signed by the President.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411; Pub. L. 94-183, Sec. 2(3), 
Dec. 31, 1975, 89 Stat. 1057.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  4 U.S.C. 42 (as applicable    [None.]
                      to civil commissions).
(b)................  5 U.S.C. 11.                  Mar. 3, 1875, ch.
                                                    131, Sec.  14, 18
                                                    Stat. 420.
                     ............................  Mar. 28, 1896, ch.
                                                    73, 29 Stat. 75.
                     ............................  Mar. 3, 1905, ch.
                                                    1422, 33 Stat. 990.
(c)................  5 U.S.C. 12.                  Aug. 8, 1888, ch.
                                                    786, 25 Stat. 387.
------------------------------------------------------------------------

    In subsection (a), the words ``Except as provided by subsections (b) 
and (c) of this section,'' are added on authority of former sections 11 
and 12, which are codified in subsections (b) and (c) of this section. 
The words ``the commission of an officer'' are substituted for ``all 
civil commissions for officers of the United States'' because of the 
definition of ``officer'' in section 2104. The words ``by the 
President'' are coextensive with and substituted for ``by the President, 
by and with the advice and consent of the Senate, or by the President 
alone''.
    In subsection (b), the words ``officer in the civil service or 
uniformed services'' are substituted for ``officer'' because of the 
definition of ``officer'' in section 2104. The words ``direction and'' 
are omitted as included within ``the control''. The words ``the 
Secretary of Defense'' are added on authority of the Acts of July 26, 
1947, ch. 343, Sec. 305(a), 61 Stat. 508, and Aug. 10, 1949, ch. 412, 
Sec. 12(g), 63 Stat. 591. The words ``the Secretary of a military 
department'' are substituted for ``the Secretary of War, the Secretary 
of the Navy'' (appearing in the Act of Mar. 28, 1896) because of the 
definition of ``military department'' in section 102. The title of the 
Secretary of War was changed to Secretary of the Army by the Act of July 
26, 1947, ch. 343, Sec. 205, 61 Stat. 501. ``Secretary of the Air 
Force'' is included on authority of the Act of July 26, 1947, ch. 343, 
Sec. 207(a), (f), 61 Stat. 502. The words ``Secretary of Commerce'' are 
substituted for ``Secretary of Commerce and Labor'' on authority of the 
Act of Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736. The words ``under 
the departmental seal'' are substituted for ``and the departmental seal 
affixed thereto''. The words ``any laws to the contrary 
notwithstanding'' are omitted as unnecessary. The last sentence of 
section 14 of the Act of Mar. 3, 1875, is omitted as executed.
    In subsection (c), the words ``and shall be'' and ``any laws to the 
contrary notwithstanding'' are omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1975--Subsec. (b). Pub. L. 94-183 struck out ``the Postmaster 
General,'' after ``under the control of''.

                  Section Referred to in Other Sections

    This section is referred to in title 4 section 42.
