§ 1044a. Authority to act as notary

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title V § 551(a)(1) · 104 Stat. 1485

   Enacted · 10 U.S.C. § 1044a

   Added Pub. L. 101–510, div. A, title V, § 551(a)(1), Nov. 5, 1990, 104 Stat. 1566

   Source evidence

   Code source credit
   Added Pub. L. 101–510, div. A, title V, § 551(a)(1), Nov. 5, 1990, 104 Stat. 1566

   Enacted provision · exact public law section
   (1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1044 the following new section: “§ 1044a. Authority to act as notary “(a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following: “(1) Members of any of the armed forces. “(2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of Defense. “(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. “(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States. “(b) Persons with the powers described in subsection (a) are the following: “(1) All judge advocates on active duty or performing inactive duty training. “(2) All civilian attorneys serving as legal assistance officers. “(3) All adjutants, assistant adjutants, and personnel adjutants on active duty or performing inactive-duty training. “(4) All other persons on active duty or performing inactive duty training who are designated by regulations of the armed forces or by statute to have those powers. “(c) No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. “(d) The signature of any such person acting as notary, together with the title of that person’s offices, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 573(1) · 110 Stat. 2422

   Substituted · 10 U.S.C. § 1044a(b)(1)

   Pub. L. 104–201, § 573(1), substituted “, including reserve judge advocates when not in a duty status” for “on active duty or performing inactive-duty training”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–201, § 573(1), substituted “, including reserve judge advocates when not in a duty status” for “on active duty or performing inactive-duty training”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking out “on active duty or performing inactive-duty training” and inserting in lieu thereof “, including reserve judge advocates when not in a duty status”;

3. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 573(2) · 110 Stat. 2422

   Substituted · 10 U.S.C. § 1044a(b)(3)

   Pub. L. 104–201, § 573(2), substituted “adjutants, including reserve members when not in a duty status” for “adjutants on active duty or performing inactive-duty training”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 104–201, § 573(2), substituted “adjutants, including reserve members when not in a duty status” for “adjutants on active duty or performing inactive-duty training”.

   Enacted provision · exact public law section
   (2) in paragraph (3), by striking out “adjutants on active duty or performing inactive-duty training” and inserting in lieu thereof “adjutants, including reserve members when not in a duty status”; and

4. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 573(3) · 110 Stat. 2422

   Substituted · 10 U.S.C. § 1044a(b)(4)

   Pub. L. 104–201, § 573(3), substituted “members of the armed forces, including reserve members when not in a duty status,” for “persons on active duty or performing inactive-duty training”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 104–201, § 573(3), substituted “members of the armed forces, including reserve members when not in a duty status,” for “persons on active duty or performing inactive-duty training”.

   Enacted provision · exact public law section
   (3) in paragraph (4), by striking out “persons on active duty or performing inactive-duty training” and inserting in lieu thereof “members of the armed forces, including reserve members when not in a duty status,”.

5. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1103(a) · 115 Stat. 1012

   Substituted · 10 U.S.C. § 1044a(b)(2)

   Pub. L. 107–107, § 1103(a), substituted “legal assistance attorneys” for “legal assistance officers”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 107–107, § 1103(a), substituted “legal assistance attorneys” for “legal assistance officers”.

   Enacted provision · exact public law section
   (a) Clarification of Status of Civilian Attorneys Eligible To Act as Notaries.— Subsection (b) of section 1044a of title 10, United States Code, is amended by striking “legal assistance officers” in paragraph (2) and inserting “legal assistance attorneys”.

6. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1103(b) · 115 Stat. 1012

   Added · 10 U.S.C. § 1044a(b)(5)

   Pub. L. 107–107, § 1103(b), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 107–107, § 1103(b), added par. (5).

   Enacted provision · exact public law section
   (b) Other Civilian Employees Designated To Act as Notaries Abroad.— Such subsection is further amended by adding at the end the following new paragraph: “(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.”.

7. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title V § 523(b) · 130 Stat. 2000

   Added · 10 U.S.C. § 1044a(b)(6)

   Pub. L. 114–328 added par. (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 114–328 added par. (6).

   Enacted provision · exact public law section
   (b) Expansion of Authority To Notarize Documents to Civilians Serving in Military Legal Assistance Offices.— Section 1044a(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).” .

8. 2020

   National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

   Pub. L. 116–259 § 205(b)(1)(A) · 134 Stat. 1153

   Substituted · 10 U.S.C. § 1044a(a)(1)

   Pub. L. 116–259, § 205(b)(1)(A), substituted “uniformed services” for “armed forces”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 116–259, § 205(b)(1)(A), substituted “uniformed services” for “armed forces”.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by striking “armed forces” and inserting “uniformed services”; and

9. 2020

   National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020

   Pub. L. 116–259 § 205(b)(1)(B) · 134 Stat. 1153

   Substituted · 10 U.S.C. § 1044a(b)(4)

   Pub. L. 116–259, § 205(b)(1)(B), substituted “uniformed services” for “armed forces” in two places

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 116–259, § 205(b)(1)(B), substituted “uniformed services” for “armed forces” in two places.

   Enacted provision · exact public law section
   (B) in subsection (b)(4), by striking “armed forces” both places it appears and inserting “uniformed services”.

9 of 9 references resolved to an enrolled provision