
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC936]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                 SUBCHAPTER XI--MISCELLANEOUS PROVISIONS
 
Sec. 936. Art. 136. Authority to administer oaths and to act as 
        notary
        
    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 77; Pub. L. 86-589, July 5, 1960, 74 
Stat. 329; Pub. L. 90-179, Sec. 1(7), Dec. 8, 1967, 81 Stat. 546; Pub. 
L. 90-632, Sec. 2(34), Oct. 24, 1968, 82 Stat. 1343; Pub. L. 98-209, 
Sec. 2(f), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99-661, div. A, title 
VIII, Sec. 804(c), Nov. 14, 1986, 100 Stat. 3907; Pub. L. 100-456, div. 
A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 
101-510, div. A, title V, Sec. 551(b), Nov. 5, 1990, 104 Stat. 1566.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
936(a)................................  50:732(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
936(b)................................  50:732(b).                            1
36), 64 Stat. 143.
936(c)................................  50:732(c).
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

    1990--Subsec. (a). Pub. L. 101-510, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
