Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 936. Art. 136. Authority to administer oaths
Statutory text
The following persons on active duty or performing inactive-duty training may administer oaths for the purposes of military administration, including military justice:
All judge advocates.
All summary courts-martial.
All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
All commanding officers of the Navy, Marine Corps, and Coast Guard.
All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.
All other persons designated by regulations of the armed forces or by statute.
The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:
The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.
The president and the counsel for the court of any court of inquiry.
All officers designated to take a deposition.
All persons detailed to conduct an investigation.
All recruiting officers.
All other persons designated by regulations of the armed forces or by statute.
Each judge and senior judge of the United States Court of Appeals for the Armed Forces shall have the powers relating to oaths, affirmations, and acknowledgments provided to justices and judges of the United States by section 459 of title 28.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 77 · 70A Stat. 77
Enacted · 10 U.S.C. § 936
Aug. 10, 1956, ch. 1041, 70A Stat. 77
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 77Pub. L. 86–589 · 74 Stat. 329
Changed · 10 U.S.C. § 936(a)
Pub. L. 86–589 permitted the administration of oaths and the performance of notarial acts for persons serving, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands
Source evidence
Code amendment note
Subsec. (a). Pub. L. 86–589 permitted the administration of oaths and the performance of notarial acts for persons serving, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands.Pub. L. 90–179 § 1(7) · 81 Stat. 545
Inserted · 10 U.S.C. § 936(a)(1)
Pub. L. 90–179 inserted references to judge advocates of the Navy and the Marine Corps
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 90–179 inserted references to judge advocates of the Navy and the Marine Corps.Enacted provision · exact public law section
(1) Section 801 (11) is amended to read as follows: “(11) ‘Law specialist’ means a commissioned officer of the Coast Guard designated for special duty (law).”Military Justice Act of 1968
Pub. L. 90–632 § 2(34) · 82 Stat. 1335
Substituted · 10 U.S.C. § 936(b)
Pub. L. 90–632 substituted “military judge” for “law officer” in par. (1)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 90–632 substituted “military judge” for “law officer” in par. (1).Enacted provision · exact public law section
(34) Section 936(b) (article 136(b)) is amended by striking out 70A Stat. 77. “law officer” and inserting in lieu thereof “military judge”.Military Justice Act of 1983
Pub. L. 98–209 § 2(f)(1) · 97 Stat. 1393
Struck · 10 U.S.C. § 936(a)(1)
Pub. L. 98–209, § 2(f)(1), struck out “of the Army, Navy, Air Force, and Marine Corps” after “All judge advocates”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 98–209, § 2(f)(1), struck out “of the Army, Navy, Air Force, and Marine Corps” after “All judge advocates”.Enacted provision · exact public law section
(1) in clause (1), by striking out “of the Army, Navy, Air Force, and Marine Corps”; andMilitary Justice Act of 1983
Pub. L. 98–209 § 2(f)(2) · 97 Stat. 1393
Struck · 10 U.S.C. § 936(a)(2)(7)
Pub. L. 98–209, § 2(f)(2), struck out par. (2) which included law specialists among those persons authorized to administer oaths and to act as notaries under this section
Redesignated · 10 U.S.C. § 936(a)(2)(7)
Pub. L. 98–209, § 2(f)(2), redesignated pars. (3) to (7) as (2) to (6), respectively
Source evidence
Code amendment note
Subsec. (a)(2) to (7). Pub. L. 98–209, § 2(f)(2), struck out par. (2) which included law specialists among those persons authorized to administer oaths and to act as notaries under this section, and redesignated pars. (3) to (7) as (2) to (6), respectively.Enacted provision · exact public law section
(2) by striking out clause (2) and redesignating clauses (3) through (7) as clauses (2) through (6), respectively.Military Justice Amendments of 1986
Pub. L. 99–661 div. A title VIII § 804(c) · 100 Stat. 3816
Inserted · 10 U.S.C. § 936(a); 10 U.S.C. § 936(b)
Pub. L. 99–661 inserted “or performing inactive-duty training” after “active duty”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 99–661 inserted “or performing inactive-duty training” after “active duty”.Enacted provision · exact public law section
(c) Authority To Administer Oaths.— Section 936 (article 136) is amended by inserting “or performing inactive-duty training” in subsections (a) and (b) after “active duty”.National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 div. A title XII § 1234(a)(1) · 102 Stat. 1918
Struck · 10 U.S.C. § 936(a)
Pub. L. 100–456 struck out “the Canal Zone,” before “Puerto Rico,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–456 struck out “the Canal Zone,” before “Puerto Rico,”.Enacted provision · exact public law section
(1) Sections 101(3), 101(10), 101(12), 269(g), 281, 594(b), 672(d), 771a(c), 802(a)(11), 802(a)(12), 936(a), 1002(c), 3040(a), 3218, 3225, 3259, 3352(a), 3363(b), 3390(a), 3392, 3500 (first sentence), 3501(a), 3501(b), 3845, 3848(c)(1), 3851(a), 3851(d)(1), 3852(a), 4301(c), 8218, 8225, 8259, 8352(a), 8360(b), 8363(a), 8381(a), 8392, 8500 (first sentence), 8501(a), 8501(b), 8845, 8851(a), 8852(a), and 9301(c) are each amended by striking out “the Canal Zone,” each place it appears.National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 § 551(b)(1) · 104 Stat. 1485
Struck · 10 U.S.C. § 936(a)
Pub. L. 101–510, § 551(b)(1), struck out “, and 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 members of any of the armed forces, wherever they may be, by persons serving with, employed by, or accompanying the armed forces outside the United States and outside Puerto Rico, Guam, and the Virgin Islands, and by other persons subject to this chapter outside of the United States” after “including military justice” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–510, § 551(b)(1), struck out “, and 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 members of any of the armed forces, wherever they may be, by persons serving with, employed by, or accompanying the armed forces outside the United States and outside Puerto Rico, Guam, and the Virgin Islands, and by other persons subject to this chapter outside of the United States” after “including military justice” in introductory provisions.Enacted provision · exact public law section
(1) in subsection (a), by striking out “, and have the general powers” and all that follows through “United States” the third place it appears; andNational Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 § 551(b)(2) · 104 Stat. 1485
Struck · 10 U.S.C. § 936(c); 10 U.S.C. § 936(d)
Pub. L. 101–510, § 551(b)(2), struck out subsecs. (c) and (d) which read as follows:
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 101–510, § 551(b)(2), struck out subsecs. (c) and (d) which read as follows:“(c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized. “(d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.”
Enacted provision · exact public law section
(2) by striking out subsections (c) and (d).National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 div. A title V § 542 · 122 Stat. 3
Added · 10 U.S.C. § 936(c)
Pub. L. 110–181 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–181 added subsec. (c).Enacted provision · exact public law section
SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES TO ADMINISTER OATHS. Section 936 of title 10, United States Code (article 136 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: “(c) The judges of the United States Court of Appeals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).” .Military Justice Act of 2016
Pub. L. 114–328 § 5502 · 130 Stat. 2000
Struck · 10 U.S.C. § 936
Pub. L. 114–328, § 5502, struck out “and to act as notary” after “oaths” in section catchline
Source evidence
Code amendment note
Pub. L. 114–328, § 5502, struck out “and to act as notary” after “oaths” in section catchline.Enacted provision · exact public law section
SEC. 5502. TECHNICAL AMENDMENT TO ARTICLE 136. Section 936 of title 10, United States Code (article 136 of the Uniform Code of Military Justice), is amended by striking the last five words in the section heading.Effective date note
Amendment by section 5502 of Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 541(a) · 130 Stat. 2000
Amended · 10 U.S.C. § 936(c)
Pub. L. 114–328, § 541(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The judges of the United States Court of Appeals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 541(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The judges of the United States Court of Appeals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).”Enacted provision · exact public law section
(a) Clarification of Authority of Judges of the Court To Administer Oaths and Acknowledgments.— Subsection (c) of section 936 of title 10, United States Code (article 136 of the Uniform Code of Military Justice), is amended to read as follows: “(c) Each judge and senior judge of the United States Court of Appeals for the Armed Forces shall have the powers relating to oaths, affirmations, and acknowledgments provided to justices and judges of the United States by section 459 of title 28.” .Effective date note
Amendment by section 5502 of Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
12 of 14 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 936(a)936(b)936(c) | 50:732(a).50:732(b).50:732(c). | May 5, 1950, ch. 169, § 1 (Art. 136), 64 Stat. 143. |
| 936(d) | 50:732(d). | |
In subsection (a), the word “may” is substituted for the words “shall have authority to”. The word “shall” before the words “have the general powers” is omitted as surplusage. The words “the continental limits” are omitted, since section 101(1) of this title defines the United States to include the States and the District of Columbia.
In subsections (a) and (b), the words “in the armed forces” are omitted as surplusage.
In subsection (b), the word “may” is substituted for the words “shall have authority to”.
In subsection (c), the words “of any character” are omitted as surplusage. The word “may” is substituted for the word “shall”.
In subsection (d), the word “is” is substituted for the words “shall be”.
Editorial Notes
Amendments1960–2016 · 9 rounds
2016
Pub. L. 114–328, § 5502, struck out “and to act as notary” after “oaths” in section catchline.
Subsec. (c). Pub. L. 114–328, § 541(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The judges of the United States Court of Appeals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).”
2008
Subsec. (c). Pub. L. 110–181 added subsec. (c).
1990
Subsec. (a). Pub. L. 101–510, § 551(b)(1), struck out “, and 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 members of any of the armed forces, wherever they may be, by persons serving with, employed by, or accompanying the armed forces outside the United States and outside Puerto Rico, Guam, and the Virgin Islands, and by other persons subject to this chapter outside of the United States” after “including military justice” in introductory provisions.
Subsecs. (c), (d). Pub. L. 101–510, § 551(b)(2), struck out subsecs. (c) and (d) which read as follows:
“(c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized.
“(d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.”
1988
Subsec. (a). Pub. L. 100–456 struck out “the Canal Zone,” before “Puerto Rico,”.
1986
Subsecs. (a), (b). Pub. L. 99–661 inserted “or performing inactive-duty training” after “active duty”.
1983
Subsec. (a)(1). Pub. L. 98–209, § 2(f)(1), struck out “of the Army, Navy, Air Force, and Marine Corps” after “All judge advocates”.
Subsec. (a)(2) to (7). Pub. L. 98–209, § 2(f)(2), struck out par. (2) which included law specialists among those persons authorized to administer oaths and to act as notaries under this section, and redesignated pars. (3) to (7) as (2) to (6), respectively.
1968
Subsec. (b). Pub. L. 90–632 substituted “military judge” for “law officer” in par. (1).
1967
Subsec. (a)(1). Pub. L. 90–179 inserted references to judge advocates of the Navy and the Marine Corps.
1960
Subsec. (a). Pub. L. 86–589 permitted the administration of oaths and the performance of notarial acts for persons serving, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by section 5502 of Pub. L. 114–328 effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–661 effective the earlier of (1) the last day of the 120-day period beginning on ; or (2) the date specified in an Executive order for such amendment to take effect, see section 808 of Pub. L. 99–661, set out as a note under section 802 of this title.
Effective Date of 1983 Amendment
Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after , see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Credits
1956–2016 · 10 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 77
- 1960Pub. L. 86–589, , 74 Stat. 329
- 1967Pub. L. 90–179, § 1(7), , 81 Stat. 546
- 1968Pub. L. 90–632, § 2(34), , 82 Stat. 1343
- 1983Pub. L. 98–209, § 2(f), , 97 Stat. 1393
- 1986Pub. L. 99–661, div. A, title VIII, § 804(c), , 100 Stat. 3907
- 1988Pub. L. 100–456, div. A, title XII, § 1234(a)(1), , 102 Stat. 2059
- 1990Pub. L. 101–510, div. A, title V, § 551(b), , 104 Stat. 1566
- 2008Pub. L. 110–181, div. A, title V, § 542, , 122 Stat. 114
- 2016Pub. L. 114–328, div. A, title V, § 541(a), div. E, title LXI, § 5502, , 130 Stat. 2124, 2960.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 77; Pub. L. 86–589, , 74 Stat. 329; Pub. L. 90–179, § 1(7), , 81 Stat. 546; Pub. L. 90–632, § 2(34), , 82 Stat. 1343; Pub. L. 98–209, § 2(f), , 97 Stat. 1393; Pub. L. 99–661, div. A, title VIII, § 804(c), , 100 Stat. 3907; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), , 102 Stat. 2059; Pub. L. 101–510, div. A, title V, § 551(b), , 104 Stat. 1566; Pub. L. 110–181, div. A, title V, § 542, , 122 Stat. 114; Pub. L. 114–328, div. A, title V, § 541(a), div. E, title LXI, § 5502, , 130 Stat. 2124, 2960.)