10 U.S.C. § 936 — Art. 136. Authority to administer oaths

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. (c). Pub. L. 114–328 designated first through third sentences as pars. (1) to (3), respectively, and, in par. (2), substituted ‘‘who is (A) subject to this chapter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, employed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and’’ for ‘‘subject to this chapter or employed by the Depart- ment of Defense’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility 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. § 936. Art. 136. Authority to administer oaths (a) The following persons on active duty or performing inactive-duty training may admin- ister oaths for the purposes of military adminis- tration, 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, Ma- rine Corps, and Coast Guard. (5) All staff judge advocates and legal offi- cers, and acting or assistant staff judge advo- cates and legal officers. (6) All other persons designated by regula- tions of the armed forces or by statute. (b) The following persons on active duty or performing inactive-duty training may admin- ister oaths necessary in the performance of their duties: (1) The president, military judge, trial coun- sel, 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 deposi- tion. (4) All persons detailed to conduct an inves- tigation. (5) All recruiting officers. (6) All other persons designated by regula- tions 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, affirma- tions, and acknowledgments provided to justices and judges of the United States by section 459 of title 28. (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; Pub. L. 114–328, div. A, title V, § 541(a), div. E, title LXI, § 5502, Dec. 23, 2016, 130 Stat. 2124, 2960.) 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 AMENDMENTS 2016—Pub. L. 114–328, § 5502, struck out ‘‘and to act as notary’’ after ‘‘oaths’’ in section catchline. Page 839 TITLE 10—ARMED FORCES § 937 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 Ap- peals 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 perform- ance of all notarial acts to be executed by members of any of the armed forces, wherever they may be, by per- sons 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 in- troductory 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 author- ized. ‘‘(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 per- forming 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 per- sons authorized to administer oaths and to act as nota- ries 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 admin- istration 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 effec- tive 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. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 937. Art. 137. Articles to be explained (a) ENLISTED MEMBERS.—(1) The sections (arti- cles) of this chapter specified in paragraph (3) shall be carefully explained to each enlisted member at the time of (or within fourteen days after)— (A) the member’s initial entrance on active duty; (B) the member’s initial entrance into a duty status with a reserve component; or (C) the member’s initial entrance on active duty or into a space force active status. (2) Such sections (articles) shall be explained again— (A) after the member has completed six months of active duty or, in the case of a member of a reserve component, after the member has completed basic or recruit train- ing; (B) after a member of the Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or re- cruit training; and (C) at the time when the member reenlists. (3) This subsection applies with respect to sec- tions 802, 803, 807–815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139). (b) OFFICERS.—(1) The sections (articles) of this chapter specified in paragraph (2) shall be carefully explained to each officer at the time of (or within six months after)— (A) the initial entrance of the officer on ac- tive duty as an officer; or (B) the initial commissioning of the officer in a reserve component or the Space Force. (2) This subsection applies with respect to the sections (articles) specified in subsection (a)(3) and such other sections (articles) as the Sec- retary concerned may prescribe by regulation. (c) TRAINING FOR CERTAIN OFFICERS.—Under regulations prescribed by the Secretary con- cerned, officers with the authority to convene courts-martial or to impose non-judicial punish- ment shall receive periodic training regarding the purposes and administration of this chapter. Under regulations prescribed by the Secretary of Defense, officers assigned to duty in a joint com- mand or a combatant command, who have such authority, shall receive additional specialized training regarding the purposes and administra- tion of this chapter with respect to joint com- mands and the combatant commands. (d) AVAILABILITY AND MAINTENANCE OF TEXT.— The text of this chapter and the text of the regu- lations prescribed by the President under this chapter shall be— (1) made available to a member on active duty, to a member of a reserve component, or to a member of the Space Force, upon request by the member, for the member’s personal ex- amination; and