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10 U.S.C. § 936 — Art. 136. Authority to administer oaths
Federal law — U.S. Code and appendices · legal_authorities
**(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)** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section459&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_c7c20110c55aee93397cfbb3
Source file: Laws/federal/codes/united-states-code/title-10/section-936-art-136-authority-to-administer-oaths--98132b3b82.md
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Source location: Title 10, Chapter 47, § 936; chapter-047-uniform-code-of-military-justice.md
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**(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)** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section459&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipmen.
(3)
(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(i) members of a reserve component or the Space Force; and
(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.
(B) The periods referred to in subparagraph (A) are the following:
(i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.
(ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.
(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
Each justice or judge of the United States may administer oaths and affirmations and take acknowledgments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 459
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Federal law — U.S. Code and appendices · legal_authorities
Before final payment upon discharge may be made to an officer of the Army who has been accountable or responsible for public property, he must obtain a certificate of nonindebtedness to the United States from each officer to whom he was accountable or responsible for property. He must also make an affidavit, certified by his commanding officer to be correct, that he is not accountable or responsible for property to any other officer. An officer who has not been responsible for public property must make an affidavit of that fact, certified by his commanding officer. Compliance with this section warrants the final payment of the officer concerned.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7840
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Federal law — U.S. Code and appendices · legal_authorities
Before final payment upon discharge may be made to an officer of the Air Force or the Space Force who has been accountable or responsible for public property, the officer must obtain a certificate of nonindebtedness to the United States from each officer to whom the officer was accountable or responsible for property. The officer must also make an affidavit, certified by the officer’s commanding officer to be correct, that the officer is not accountable or responsible for property to any other officer. An officer who has not been responsible for public property must make an affidavit of that fact, certified by the officer’s commanding officer. Compliance with this section warrants the final payment of the officer concerned.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9840
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 731, act May 5, 1950, ch. 169, § 1, 64 Stat. 143, related to courts of inquiry. See [section 935 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section935&num=0&edition=prelim), Armed Forces.
Section 732, act May 5, 1950, ch. 169, § 1, 64 Stat. 143, related to authority to administer oaths and to act as notary. See [section 936 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section936&num=0&edition=prelim).
Section 733, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, required reading and explanation of certain sections of this chapter. See [section 937 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section937&num=0&edition=prelim).
Section 734, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, related to complaints of wrongs. See [section 938 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section938&num=0&edition=prelim).
Section 735, act May 5, 1950, ch. 169, § 1, 64 Stat. 144, related to redress of injuries to property. See [section 939 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section939&num=0&edition=prelim).
Section 736, act May 5, 1950, ch. 169, § 1, 64 Stat. 145, authorized President to delegate his authority. See [section 940 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section940&num=0&edition=prelim).
Section 737, act May 5, 1950, ch. 169, § 8, 64 Stat. 146, provided for oath of enlistment. See [section 502 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section502&num=0&edition=prelim).
Section 738, act May 5, 1950, ch. 169, § 9, 64 Stat. 146, provided for removal of suits. See [sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 731 to 739
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Federal law — U.S. Code and appendices · legal_authorities
Page 838
TITLE 10—ARMED FORCES
§ 936
(g) Courts of inquiry shall make findings of
fact but may not express opinions or make rec-
ommendations unless required to do so by the
convening authority.
(h) Each court of inquiry shall keep a record of
its proceedings, which shall be authenticated by
the signatures of the president and counsel for
the court and forwarded to the convening au-
thority. If the record cannot be authenticated
by the president, it shall be signed by a member
in lieu of the president. If the record cannot be
authenticated by the counsel for the court, it
shall be signed by a member in lieu of the coun-
sel.
(Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L.
114–328, div. E, title LXI, § 5501, Dec. 23, 2016, 130
Stat. 2960.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
935(a) ......
935(b) ......
935(c) ......
50:731(a).
50:731(b).
50:731(c).
May 5, 1950, ch. 169, § 1
(Art. 135), 64 Stat. 143.
935(d) ......
50:731(d).
935(e) ......
50:731(e).
935(f) .......
50:731(f).
935(g) ......
50:731(g).
935(h) ......
50:731(h).
In subsection (a), the words ‘‘Secretary concerned’’
are substituted for the words ‘‘Secretary of a Depart-
ment’’.
In subsection (b), the word ‘‘commissioned’’ is in-
serted for clarity. The word ‘‘consists’’ is substituted
for the words ‘‘shall consist’’.
In subsection (c), the word ‘‘has’’ is substituted for
the words ‘‘shall have’’.
In subsection (e), the words ‘‘or affirmation’’ are
omitted as covered by the definition of the word ‘‘oath’’
in section 1 of title 1.
In subsection (g), the word ‘‘may’’ is substituted for
the word ‘‘shall’’.
In subsection (h), the word ‘‘If’’ is substituted for the
words ‘‘In case’’.
Editorial Notes
AMENDMENTS
2016—Subsec
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 936
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