10-U.S.C.-936
§936 – Art. 136. Authority to Administer Oaths and to Act As Notary
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter XI > Section 936
Details
- Reference: Section 936
- Legend: §936 – Art. 136. Authority to Administer Oaths and to Act As Notary
- USCode Year: 2013
Provision Content
(a) The following persons on active duty or performing inactive-duty training may administer oaths for the purposes of military administration, including military justice:
(1) All judge advocates.
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
(4) All commanding officers of the Navy, Marine Corps, and Coast Guard.
(5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.
(6) All other persons designated by regulations of the armed forces or by statute.
(b) The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:
(1) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.
(2) The president and the counsel for the court of any court of inquiry.
(3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other persons designated by regulations of the armed forces or by statute.
(c) The judges of the United States Court of Appeals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).
(Aug. 10, 1956, ch. 1041, 70A Stat. 77; Pub. L. 86–589, July 5, 1960, 74 Stat. 329; Pub. L. 90–179, §1(7), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90–632, §2(34), Oct. 24, 1968, 82 Stat. 1343; Pub. L. 98–209, §2(f), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99–661, div. A, title VIII, §804(c), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title V, §551(b), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 110–181, div. A, title V, §542, Jan. 28, 2008, 122 Stat. 114.)
| 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.
Amendments
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.
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 Nov. 14, 1986; 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 Dec. 6, 1983, 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.
U.S. Encyclopedia of Law Coverage
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