(a) An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation. (b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation. ( Pub. L. 89–554 , Sept. 6, 1966 , 80 Stat. 379 ; Pub. L. 94–213 , Feb. 13, 1976 , 90 Stat. 179 .) Historical and Revision Notes Derivation U.S. Code Revised Statutes and Statutes at Large 5 U.S.C. 93 . R.S. § 183. Mar. 2, 1901, ch. 809, § 3 , 31 Stat. 951 . Feb. 13, 1911, ch. 43 , 36 Stat. 898 . The word “employee” is substituted for “officer or clerk” in view of the definition in section 2105. The words “Executive department” are substituted for “departments” as the definition of “department” applicable to this section is coextensive with the definition of “Executive department” in section 101. So much as related to the Armed Forces is omitted as superseded by section 636 of title 14 and section 936(b) of title 10 . This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (formerly 5 U.S.C. 171–1 ), which provides “Except to the extent inconsistent with the provisions of this Act [ National Security Act of 1947 ], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense ” is omitted from this title but is not repealed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes Amendments 1976— Pub. L. 94–213 designated existing provisions as subsec. (a) and added subsec. (b). CFR Title Parts 10 1010 18 388 20 658 29 290 30 590 , 1202 , 1206 , 1207 , 1208 , 1210 , 1212 , 1218 , 1243 , 1290 31 251 43 50 45 88 48 3406 , 3408 , 3409 , 3412 , 3439