§2902 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Secretary of State must prepare and record a President’s commission and attach the United States seal only after the President has signed it. If the officer will serve under Agriculture, Commerce, Defense (including military departments), Interior, Homeland Security, or Treasury, that department instead prepares and records the commission under its seal, which also must wait until after the President signs. Judicial officers, U.S. attorneys, and marshals appointed with Senate approval, and certain commissions that used to be prepared at State before August 8, 1888, are prepared and recorded at the Department of Justice under its seal and must also be signed by the Attorney General.

Title 5, §2902

Government Organization and Employees — Source: USLM XML via OLRC

(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, the Secretary of Homeland Security, 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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)4 U.S.C. 42 (as applicable to civil commissions).[None.] (b)5 U.S.C. 11.Mar. 3, 1875, ch. 131, § 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 section 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, § 305(a), 61 Stat. 508, and Aug. 10, 1949, ch. 412, § 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, § 205, 61 Stat. 501. “Secretary of the Air Force” is included on authority of the Act of

July 26, 1947, ch. 343, § 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, § 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.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–241 inserted “the Secretary of Homeland Security,” after “the Secretary of the Interior,”. 1975—Subsec. (b). Pub. L. 94–183 struck out “the Postmaster General,” after “under the control of”.

§2902 Commission; where recorded