Reading Room Document

Attorney General's authority to administer oath to appointee to position of Ambassador

The document discusses the Attorney General's authority to administer oaths to appointees to the position of Ambassador. It points out that Section 2903 of Title 5, U.S. Code, is the operative provision governing the authority to administer oaths within the Executive branch, but paragraph (b) of that section is ambiguous and might limit the authority of the head of an Executive branch to administer oaths to persons in his own department. The document also mentions that it is a frequent practice for ceremonial oaths to be administered without regard to this ambiguity, as long as the oath is also given by the appropriate official when the appropriate papers are signed. The questions presented for review include the interpretation of Section 2903 of Title 5, U.S. Code, and the practice of administering ceremonial oaths without written authorization.

April 29, 1981