
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2903]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
          CHAPTER 29--COMMISSIONS, OATHS, RECORDS, AND REPORTS
 
              SUBCHAPTER I--COMMISSIONS, OATHS, AND RECORDS
 
Sec. 2903. Oath; authority to administer

    (a) The oath of office required by section 3331 of this title may be 
administered by an individual 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 designated in writing by the 
head of the Executive agency, or the Secretary of a military department 
with respect to an employee of his department, may administer--
        (1) the oath of office required by section 3331 of this title, 
    incident to entrance into the executive branch; or
        (2) any other oath required by law in connection 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 territory 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
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 18.                  R.S. Sec.  1758.
(b)................  5 U.S.C. 16a(a) (less 1st 9   June 26, 1943, ch.
                      words after last comma).      145, Sec.  206 (less
                                                    1st 9 words after
                                                    last comma), 57
                                                    Stat. 196.
(c)................  5 U.S.C. 16a(b).              Sept. 30, 1961, Pub.
                                                    L. 87-322 (par.
                                                    under ``General
                                                    Provision''), 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 ``Executive 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 agency'' 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 Security Act Amendments of 1949 (63 Stat. 578), the 
Department of the Army, the Department of the Navy, and the Department 
of the Air Force were Executive departments. The National Security Act 
Amendments of 1949 established the Department of Defense as an Executive 
Department including the Department of the Army, the Department of the 
Navy, and the Department 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 applicable 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 subsection (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 substituted 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 definitions applicable 
and the style of this title as outlined in the preface to the report.

                  Section Referred to in Other Sections

    This section is referred to in title 39 section 1011.
