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

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 Repealed.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. 1616] Section, added Pub. L. 115–73, title I, § 107(b), Oct. 26, 2017, 131 Stat. 1239, related to information on whistle- blower protections and agency responsibilities. CHAPTER 29—COMMISSIONS, OATHS, RECORDS, AND REPORTS SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS Sec. 2901. Commission of an officer. 2902. Commission; where recorded. 2903. Oath; authority to administer. 2904. Oath; administered without fees. 2905. Oath; renewal. 2906. Oath; custody. SUBCHAPTER II—REPORTS 2951. Reports to the Office of Personnel Manage- ment. 2952. Time of making annual reports. 2953. Reports to Congress on additional employee requirements. 2954. Information to committees of Congress on re- quest. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, title IX, § 906(a)(16), Oct. 13, 1978, 92 Stat. 1226, substituted ‘‘Office of Personnel Manage- ment’’ for ‘‘Civil Service Commission’’ in item 2951. SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS § 2901. Commission of an officer The President may make out and deliver, after adjournment of the Senate, the commission of an officer whose appointment has been con- firmed by the Senate. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 411.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 10. R.S. § 1773. The words ‘‘confirmed by’’ are substituted for ‘‘ad- vised and consented to’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 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 commis- sion 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 Sec- retary of a military department, the Secretary of the Interior, the Secretary of Homeland Secu- rity, 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 de- partment. The departmental seal may not be af- fixed to the commission before the commission has been signed by the President. (c) The commissions of judicial officers and United States attorneys and marshals, ap- pointed by the President, by and with the advice and consent of the Senate, and other commis- sions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and re- corded 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 4 U.S.C. 42 (as appli- cable to civil com- missions). [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 au- thority 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’’ be- cause of the definition of ‘‘officer’’ in section 2104. The words ‘‘by the President’’ are coextensive with and sub- stituted for ‘‘by the President, by and with the advice and consent of the Senate, or by the President alone’’. Page 326 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2903 In subsection (b), the words ‘‘officer in the civil serv- ice 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 De- fense’’ 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 Sec- retary 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 author- ity of the Act of July 26, 1947, ch. 343, § 207(a), (f), 61 Stat. 502. The words ‘‘Secretary of Commerce’’ are sub- stituted for ‘‘Secretary of Commerce and Labor’’ on au- thority of the Act of Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736. The words ‘‘under the departmental seal’’ are sub- stituted for ‘‘and the departmental seal affixed there- to’’. The words ‘‘any laws to the contrary notwith- standing’’ are omitted as unnecessary. The last sen- tence 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 defi- nitions 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 Sec- retary of Homeland Security,’’ after ‘‘the Secretary of the Interior,’’. 1975—Subsec. (b). Pub. L. 94–183 struck out ‘‘the Post- master General,’’ after ‘‘under the control of’’. § 2903. Oath; authority to administer (a) The oath of office required by section 3331 of this title may be administered by an indi- vidual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered. (b) An employee of an Executive agency des- ignated in writing by the head of the Executive agency, or the Secretary of a military depart- ment with respect to an employee of his depart- ment, may administer— (1) the oath of office required by section 3331 of this title, incident to entrance into the ex- ecutive branch; or (2) any other oath required by law in connec- tion with employment in the executive branch. (c) An oath authorized or required under the laws of the United States may be administered by— (1) the Vice President; or (2) an individual authorized by local law to administer oaths in the State, District, or ter- ritory or possession of the United States where the oath is administered. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 411.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 18. R.S. § 1758. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large (b) ............. 5 U.S.C. 16a(a) (less 1st 9 words after last comma). June 26, 1943, ch. 145, § 206 (less 1st 9 words after last comma), 57 Stat. 196. (c) ............. 5 U.S.C. 16a(b). Sept. 30, 1961, Pub. L. 87–332 (par. under ‘‘General Pro- vision’’), 75 Stat. 743. 5 U.S.C. 92a. July 3, 1926, ch. 752, 44 Stat. 830. In subsection (b), the words ‘‘On and after June 26, 1943’’ are omitted as executed, and the word ‘‘officer’’ is omitted as included in ‘‘employee’’. The words ‘‘Execu- tive agency’’ are coextensive with and substituted for ‘‘executive departments or independent establishments, including any agency the majority of the stock of which is owned by the Government of the United States’’ because of the definition of ‘‘Executive agen- cy’’ in section 105. The words ‘‘or the Secretary of a military department with respect to an employee of his department’’ are inserted to preserve the application of the source law. Before enactment of the National Secu- rity Act Amendments of 1949 (63 Stat. 578), the Depart- ment of the Army, the Department of the Navy, and the Department of the Air Force were Executive de- partments. The National Security Act Amendments of 1949 established the Department of Defense as an Exec- utive Department including the Department of the Army, the Department of the Navy, and the Depart- ment of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained ap- plicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. The words ‘‘of the Federal Government’’ and ‘‘and to have the same force and effect as oaths administered by officers having seals’’ are omitted as unnecessary. In subsection (c), the word ‘‘Constitution’’ is omitted because ‘‘laws’’, as used in this title, encompasses the Constitution. In subsection (c)(1), the words ‘‘of the United States’’ are omitted as unnecessary. In sub- section (c)(2), the words ‘‘an individual authorized by local law to administer oaths in the State, District, or territory, or possession of the United States where the oath is administered’’ are coextensive with and sub- stituted for ‘‘notaries public duly appointed in any State, District, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, District, or Territory, by the deputies of such clerks and prothonotaries, and by all magistrates authorized by the laws of or pertaining to any such State, District, or Territory to administer oaths’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 2904. Oath; administered without fees An employee of an Executive agency who is authorized to administer the oath of office re- quired by section 3331 of this title, or any other oath required by law in connection with employ- ment in the executive branch, may not charge or receive a fee or pay for administering the oath. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 412.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 16a(a) (1st 9 words after last comma). June 26, 1943, ch. 145, § 206 (1st 9 words after last comma), 57 Stat. 196.