If you look at the notes
https://www.law.cornell.edu/uscode/text/5/3110
This was after JFK/RFK the first date I saw was 1967.
Why Trump makes this unlawful appointment is interesting. Maybe, he expects a "Trump Amendment" on the Emperor's desk by February 1? Maybe, this is just a cover appointment expected to be refused then used as a smokescreen of other questionable cabinet appoints Trump is making.
Trump pulls the diversionary scam over and over like a cheap stage magician. Trump is peeing with the big dogs now -- and he seems a bit downwind.