§ 936. Art. 136. Authority to administer oaths

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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.

(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.)

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”.

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