United States Department of Agriculture

Marketing and Regulatory Programs

Agricultural Marketing Service

Animal and Plant Health Inspection Service

Mission Area Directive MRP 4311.1 10/07/2020

Distribution: APHIS & AMS Originating Office: MRPBS-HRD-HRPB

AUTHORIZATION TO ADMINISTER EMPLOYMENT OATH OF OFFICE

TABLE OF CONTENTS 

1. PURPOSE............................................................................................................................ 1

2. SPECIAL INSTRUCTIONS AND REPLACEMENT HIGHLIGHTS .............................. 1

3. AUTHORITIES AND REFERENCES ............................................................................... 2

4. SCOPE................................................................................................................................. 2

5. POLICY............................................................................................................................... 3

6. EXCEPTIONS..................................................................................................................... 3

7. ROLES & RESPONSIBILITIES......................................................................................... 3

8. PROCEDURES.................................................................................................................... 4

9. FORMS................................................................................................................................ 7

10. RECORDS MANAGEMENT ............................................................................................. 7

11. INQUIRIES AND ADDITIONAL INFORMATION......................................................... 8

APPENDIX..................................................................................................................................... 9

1. PURPOSE 

This Directive establishes delegation of authority and procedures for administering the 

employment oath of office to new appointees in the Agricultural Marketing Services 

(AMS) and Animal and Plant Health Inspection Service (APHIS). The principle purpose 

of the oath is to establish a record of acceptance of appointment.

2. SPECIAL INSTRUCTIONS AND REPLACEMENT HIGHLIGHTS

a. This Directive replaces AMS Directive 320.4 Administering Oath of Office, dated 

4/14/1993 and APHIS Directive 4311.1 Appointment Affidavits-Oath of 

Office, dated 7/20/1993.

b. This Directive is in force until cancelled or superseded. 
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3. AUTHORITIES AND REFERENCES 

This Directive must be applied in conjunction with:

a. 5 United States Code, Part I, Chapter 3, Subchapter I, Section 302, 

Delegation of Authority

b. 5 United States Code, Part III Subpart A, Chapter 29, 

(1) Subchapter I, Section 2903, Oath; Authority to administer

(2) Subchapter I, Section 2904, Oath; Administered without fees

(3) Subchapter I, Section 2905(a), Oath; Renewal

(4) Subchapter I, Section 2906, Oath; Custody

c. 5 United States Code, Part III, Subpart B, Chapter 33 

(1) Subchapter II, Section 3331, Oath of office

(2) Subchapter II, Section 3332, No consideration paid for appointment

(3) Subchapter II, Section 3333, Loyalty and striking against the Government

d. 5 United States Code, Part III, Subpart F, Chapter 73, Subchapter II Section 7311, 

Loyalty and Striking

e. 7 Code of Federal Regulations, Subtitle A, Part 2, Subpart B, Section 2.7

Authority to supervise and direct

f. 42 United States Code, Chapter 21B — Religious Freedom Restoration

g. Office of Personnel Management, Chapter 3, Subchapter 4, Oath of Office

The Guide to Processing Personnel Actions

4. SCOPE 

Appointment affidavits are required for all new appointments in AMS and APHIS,

including transfers from other departments, reinstatements, restorations, and 

reemployment.
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5. POLICY 

It is MRP policy that:

a. Appointment affidavits will be administered to each new employee on the

effective date of the employee’s appointment or the first workday following 

appointment.

b. A former employee returning to the government after a break in service is 

required to re-take the appointment oath and affidavits.

 

c. Completion of the appointment oath and affidavits are mandatory. An individual 

who refuses to swear or affirm to the oath will not be appointed or will have his 

or her appointment terminated.

6. EXCEPTIONS

Appointment affidavits are not required for reassignments within the Department or 

appointments without compensation.

7. ROLES & RESPONSIBILITIES 

a. Title 7, Code of Federal Regulations Part 2, Subpart P, establishes delegations 

of authority by the Secretary to the General Officers of the Department and 

agency heads for management of human resources authorities. This Directive 

documents delegation of authority to administer employment oaths of office to the 

incumbents of the positions listed in the Appendix.

b. If Agency officials authorized to administer the oath are not available, the oath

may be administered by:

(1) Department employees, outside of Marketing and Regulatory Programs, 

who have been granted authority to administer the oath by their Agency.

(2) In accordance with 5 U.S.C § 2903, a person authorized by the laws of 

the United States or by state or municipal law to administer oaths. The 

oath must bear the official seal of the person administering the oath or if 

the official does not use a seal, the official’s capacity to administer oaths 

must be certified to under seal by a court or other proper official.

(3) Notary public.
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8. PROCEDURES

Each new employee must take the oath or affirmation and complete the affidavits 

contained in Standard Form 61 (SF-61), Appointment Affidavits. Agency officials 

delegated authority to administer the oath and affirmations must apply the following 

process when the oath is administered on an individual or group basis:

a. The oath should be administered, if practicable, before the flags of the United 

States and USDA.

b. It is customary for the authorized official to read the oath aloud to the 

appointee(s).

c. Except with regard to any physical disability the appointee(s) may have that may 

necessitate reasonable accommodation, the appointee(s) taking the oath shall 

stand, raise his or her right hand, and repeat the oath and Affidavits 

aloud as follows:

(1) In accordance with 5 U.S.C. Chapter 33, Section 3331, each new 

appointee shall swear or affirm to the oath of Office stating: 

“I will support and defend the Constitution of the United States against all 

enemies, foreign and domestic; that I will bear true faith and allegiance to 

the same; that I take this obligation freely, without any mental reservation 

or purpose of evasion; and that I will well and faithfully discharge the 

duties of the office on which I am about to enter. So help me God.”

(2) In accordance with 5 U.S.C. Chapter 33, Section 3332 each employee 

shall execute the affidavit as part of the oath stating:

“I have not, nor has anyone acting in my behalf, given, transferred, 

promised, or paid any consideration for or in expectation or hope of 

receiving assistance in securing this appointment.” 

(3) In accordance with 5 U.S.C. Chapter 33, Section 3333 each employee

shall execute the affidavit as part of the Oath stating:

“I am not participating in any strike against the Government of the United 

States or any agency thereof, and I will not so participate while an 

employee of the Government of the United States or any agency thereof.”

d. Objection to Oath of Office 

(1) If an appointee objects to the form of the oath on religious grounds, 

certain modifications may be permitted pursuant to the Religious Freedom 

Restoration Act. 
Page 5

(2) If an appointee objects or questions the phrase in the oath ‘defend the 

Constitution’ Office of Personnel Management (OPM) guidance directs 

the person administering the oath explain that the phrase does not imply 

that the prospective employee would be expected to bear arms. The 

phrase replicates the pledge to support the United States system of 

government as established under the Constitution.

e. Modifications

Recognizing that each of the issues listed above could alone provide basis for a 

modification, the following procedure must be followed:

(1) If an appointee request a modification, the appointee must provide specific 

information on their objection to the language in the oath in writing. The 

person administering the oath must send the written request for 

modification through the appropriate administrative channels to the 

servicing Human Resources (HR) Specialist.

(2) Once the servicing Staffing Specialist receives the appointee’s written 

request for modification and forwards the request to the HR Policy 

Branch, Employment Policy Specialist, the request will be submitted from 

the Policy Branch within 3 business days from receipt to the USDA Office 

of Human Resources Management (OHRM) for review and collaboration 

with the USDA Office of the General Counsel (OGC). The decision 

resulting from the OGC and OHRM processes will be provided in writing 

to the HR Policy Branch, Employment Policy Specialist. 

(3) If the OHRM and OGC return a favorable decision on behalf of the 

appointee, the servicing Staffing Specialist will notify the appointee and 

modify the SF-61 in accord with the approved stated modification of the 

appointee, and ask the appointee to complete the form to include signature 

and date. 

(4) If the modification requested is not approved through the OGC and

OHRM processes, the servicing Staffing Specialist will notify the 

appointee that the request was not approved. The servicing Staffing 

Specialist will inform the appointee that their signature must complete the 

SF-61 to authorize the appointment. If the appointee chooses not to sign 

the SF-61, it is a considered a declination and the appointment will not be 

processed further.
Page 6

f. Signatures

The oath, when executed, will refer to the date of entrance on duty so as to entitle 

the employee to pay from that date.

The appointee(s), after taking the oath, and objections or questions, if any, have 

been resolved, must sign the SF-61 in the presence of the person administering 

the oath. 

Upon signature by the appointee(s), the person administering the oath must sign 

and complete the SF-61 to include verification of the required credentials as 

appropriate. 

g. Declination

Before entering into any duties or receiving any salary, appointees must swear or 

affirm to the oath and affidavits. Although the appointment of an employee may 

become effective before the oath is completed, the employee has no right to 

continued employment until the oath is executed. An individual who declines to 

swear or affirm to the oath will not be appointed or will have his or her 

appointment terminated. 

If an individual declines to swear or affirm to the oath, the supervisor must submit 

the form directly to the servicing Human Resources Specialist for further 

processing of the termination action. 

h. Form Distribution

(1) When an authorized MRP Agency official administers the oath to an 

employee, the person administering the oath is responsible for submitting 

the completed SF-61 to the supervisor of the employee. The supervisor is 

responsible for submitting the completed form to the servicing Human 

Resources Specialist.

(2) When the oath is administered to an employee by an authorized individual 

other than an MRP Agency official, for example notary public, the 

supervisor of the employee is responsible for the submission of the SF-61 

through appropriate administrative channels to the servicing Human 

Resources Specialist.
Page 7

i. Time and Attendance (T&A) Record 

The initial time and attendance record, including electronic versions, must be 

notated to certify that the employee has completed the appointment oath of office. 

The time and attendance record may not be processed until the certification has 

been completed.

9. FORMS

The form(s) that are referenced and/or required for use as established by this Directive 

include the following:

a. Standard Form 61, Appointment Affidavits is used to document the Oath of 

Office obligation as required by 5 U.S.C. Sections 3331, 3332 and 3333. The SF61 may be accessed at the General Services Administration Forms Library. 

b. Time and attendance records may be in either paper form using traditional sign 

in/out logs, for example HRO Form 345-F, or MRP 345 R, or electronically 

through WebTA.

10. RECORDS MANAGEMENT

Federal records created by this Directive must be maintained in accordance with the 

established General Records Schedule (GRS). If employees are named in an active 

litigation hold, Freedom of Information Act (FOIA) request, and/or other action, those 

records, regardless of media, must be preserved and maintained in their native format 

until otherwise notified by your Agency Records Officer and/or the Office of General 

Counsel.

a. MRP-IT IMB is the official record-keeper of this Directive, which is to be 

preserved permanently, per Paperwork and Data Management (PDM) 4-1.

b. The Human Resources Division, Human Resources Operations office is the 

official record-keeper of the completed Standard Form 61, Appointment 

Affidavit, which will be maintained in accordance with GRS 2.1, Employee 

Acquisition Records, item 140, GRS 2.2, Employee Management Records, 040, 

041.

c. The executed Standard Form 61, Appointment Affidavits, must be permanently 

filed on the right side of the Official Personnel Folder (eOPF).
Page 8

11. INQUIRIES AND ADDITIONAL INFORMATION

a. Direct general inquiries on procedural matters to the MRP Human Resources 

Division, Human Resources Operations Service Provider.

b. Direct requests for policy interpretations on complex issues to the MRP Human 

Resources Division, Human Resources Policy Branch.

c. Records management inquiries should be directed to the Program Records 

Management Liaison for APHIS/AMS. 

d. This Directive can be accessed online via the APHIS/AMS Issuance Web page(s).

/s/

Doug Nash

Deputy Administrator 

MRPBS Business Services
Page 9

APPENDIX

Agricultural Marketing Service

Delegation of Authority to Administer Employment Oaths of Office

LOCATION OFFICES AUTHORIZED POSITION

Washington, DC All Offices . Servicing HR Specialists and HR 

Assistants, HRO Branch, Staffing

Outside of DC Cotton and Tobacco Program 

 Grading Division

 Standardization and 

Engineering Division

 Quality Assurance Division

 Market News Division

 Information Technology 

Division

 Research and Promotion Staff

 Tobacco Field Operations

 Administrative Staff

 Deputy Director

 Area Directors 

 Regional Directors

 Assistant Regional Directors

 Section Head

 Administrative Officer

 Program Assistants

 Circuit Supervisors

 Set Work Leaders

Commodity Procurement

 Domestic Commodity 

Procurement Division

 Operations Support Division

 WBSCM Management 

Division

 Procurement Policy & Service 

Contracts Division

 International Commodity 

Procurement Division

 Nutrition & Product 

Development Division

 Servicing HR Specialists and HR 

Assistants, HRO Branch, Staffing

Dairy Program

 Economics Division

 Grading and Standardization 

Division

 Order Formulation and 

Enforcement Division

 Promotion Research & 

Planning Division

 National Field Director

 Assistant National Field Director

 Field Supervisors 

 Administrative Officer

 Program Assistant

Washington, DC

Outside of DC

Fair Trade Practices

 Packers & Stockyards 

Division (PSD)

 Director

 Associate Director

 Branch Chiefs

 Servicing HR Specialists and HR 

Assistants, HRO Branch, Staffing

 Director

 Associate Director

 Branch Chiefs

 Regional Directors

 Unit Supervisors

 Administrative Officer

Outside of DC  Perishable Agricultural 

Commodity Act Division

(PACA)

 Regional Directors
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 Warehouse & Commodity 

Management Division 

(WCMD)

 Food Disclosure and Labeling 

Division

 Deputy Director

 Servicing HR Specialists and HR 

Assistants, HRO Branch, Staffing

Outside of DC Federal Grain Inspection Service

 Office of the Deputy 

Administrator

 Field Management Division

 Quality Assurance and 

Compliance Division

Technology and Science 

Division

 Division Directors

 Deputy Directors 

 Branch Chiefs

 Field Office Managers 

 Assistant Field Office Managers

 Administrative Officer

 Compliance Officer

 Team Leads

 Shift Supervisors

 Program Assistant (Clerical Staff)

Livestock and Poultry Program

 Livestock Poultry & Grain 

Market News Division 

 Quality Assessment Division 

 Research and Promotion 

Division 

 Food Safety and Commodity 

Specification Division

 Agricultural Analytics 

Division

 Directors 

 Officer-in-Charge

 Area Office Supervisors

 Federal State Supervisors

 Regional Administrative Officer

 Program Assistant

National Organic Program

 NOP Deputy Administrator

Science and Technology Program

 Laboratory Approval and 

Testing Division

 Monitoring Programs 

Division

 Plant Variety Protection 

Office

 Seed Regulatory and Testing 

Division

 Lab Directors

 Field Supervisors

Specialty Crops Program 

 Market News Division

 Marketing Order and 

Agreement Division

 Promotion and Economics 

Division

 Specialty Crops Inspection 

Division

 Director

 Administrative Officer

 Officer In Charge

 Program Assistant

Transportation and Marketing 

Program  Director

 Deputy Director

 Chief of Staff

 Program Assistants 

 Management and Program Analysts
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Animal and Plant Health Inspection Service

Delegation of Authority to Administer Employment Oaths of Office

OFFICES AUTHORIZED POSITION

MRPBS, Human Resources Division

 Deputy Directors, HRD

 Branch Chiefs

 servicing HR Specialists and HR Assistants, 

HR Operations Branch, Staffing

APHIS Programs

 Deputy Administrators

 Program Directors

 Regional Directors

 Assistant Regional Directors

 State Plant Health Directors

 Area Directors

 Lab Directors

 Program Resource Management Officer(s)

Field Locations

 Managers and supervisory personnel 

delegated L/A employment authority (limited 

appointment authority)

 Program Administrative Assistants