republic-os/legal/us/code/title-05/chapter-29/section-2902.md

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LegalText	5 U.S.C. § 2902	Commission; where recorded	us	united_states_code	code_section	5	GOVERNMENT ORGANIZATION AND EMPLOYEES	29	COMMISSIONS, OATHS, RECORDS, AND REPORTS	2902	5 U.S.C. § 2902	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip	/us/usc/t5/s2902	data/legal/raw/us/code/title-05/usc05.xml	f600a2f7783a8bd47e96fa7e9beb3c8abdcbd1ad15613fa0e4f631a7620d9c12	719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540	1ddf7162267b336f2509c1aa55e8fcf009bf85877938d0b23674114fe4e86911	2026-07-04	official	legal us-code

5 U.S.C. § 2902 - Commission; where recorded

Text

(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.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 411; Pub. L. 94–183, § 2(3), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 109–241, title IX, § 902(a)(2), July 11, 2006, 120 Stat. 566.)

Notes

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 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, § 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

Amendments2006—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”.