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5 U.S.C. § 2902 — Commission; where recorded
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-5/section-2902-commission-where-recorded--ddb66357bc.md
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Source location: Title 5, Chapter 29, § 2902; chapter-029-commissions-oaths-records-and-reports.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of State shall have the custody and charge of such seal. Except as provided by [section 2902(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2902/a&num=0&edition=prelim), the seal shall not be affixed to any instrument without the special warrant of the President therefor.
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Federal law — U.S. Code and appendices · legal_authorities
Page 325
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 2902
108–458, title I, §1011(a), Dec. 17, 2004, 118 Stat. 3644, was
classified to section 403 of Title 50 prior to editorial re-
classification to section 3023 of Title 50. For complete
classification of this Act to the Code, see Tables.
The Central Intelligence Agency Act of 1949, referred
to in text, is act June 20, 1949, ch. 227, 63 Stat. 208,
which was formerly classified generally to section 403a
et seq. of Title 50, War and National Defense, prior to
editorial reclassification in Title 50, and is now classi-
fied generally to chapter 46 (§ 3501 et seq.) of Title 50.
For complete classification of this Act to the Code, see
Tables.
The Act entitled ‘‘An Act to provide certain adminis-
trative authorities for the National Security Agency,
and for other purposes’’, approved May 29, 1959, referred
to in text, is Pub. L. 86–36, May 29, 1959, 73 Stat. 63,
which was formerly set out as a note under section 402
of Title 50, War and National Defense, prior to editorial
reclassification in Title 50, and is now classified gen-
erally to chapter 47 (§ 3601 et seq.) of Title 50. For com-
plete classification of this Act to the Code, see Tables.
The Act entitled ‘‘An Act to amend the Internal Se-
curity Act of 1950’’, approved March 26, 1964, referred to
in text, is act Sept. 23, 1950, ch. 1024, title III, as added
Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 168, which is classi-
fied principally to subchapter III (§ 831 et seq.) of chap-
ter 23 of Title 50. For complete classification of this
Act to the Code, see Tables.
AMENDMENTS
2012—Pub. L. 112–199 renumbered section 2305 of this
title as this section.
[§ 2307. Repealed. Pub. L. 115–91, div. A, title X,
§ 1097(b)(1)(A), Dec. 12, 2017, 131 Stat. 161
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 2902
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