Reading Room Document
Authority of Special Agents to administer oaths in personnel inquiries
The document addresses the authority of FBI Special Agents to administer oaths to witnesses in personnel inquiries, particularly in cases of adverse personnel action against a veteran appealed to the Civil Service Commission. The conclusion reached is that Special Agents are authorized to administer oaths to witnesses in the course of investigating irregularities or misconduct of a federal employee, as specified in 5 U.S.C. 303. However, this authority may not apply to potential employees, and there is no other provision of law that confers authority to administer oaths on Special Agents conducting personnel inquiries. The document presents the question of whether there are any other provisions of law that could be interpreted as conferring authority to administer oaths on Special Agents conducting personnel inquiries, especially in cases involving potential employees.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit