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10 U.S.C. § 935 — Art. 135. Courts of inquiry
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.
**(b)** A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
**(c)**
(1) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.
(2) Any person 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 who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.
(3) Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
**(d)** Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
**(e)** The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
**(f)** Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
**(g)** Courts of inquiry shall make findings of fact but may not express opinions or make recommendations 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 cou
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Source file: Laws/federal/codes/united-states-code/title-10/section-935-art-135-courts-of-inquiry--112e8ca74c.md
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Source location: Title 10, Chapter 47, § 935; chapter-047-uniform-code-of-military-justice.md
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**(a)** Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.
**(b)** A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
**(c)**
(1) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party.
(2) Any person 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 who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court.
(3) Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
**(d)** Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
**(e)** The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
**(f)** Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
**(g)** Courts of inquiry shall make findings of fact but may not express opinions or make recommendations 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 authority. 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 counsel.
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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-
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Federal law — U.S. Code and appendices · legal_authorities
In determining the meaning of any Act of Congress, unless the context indicates otherwise—
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 837
TITLE 10—ARMED FORCES
§ 935
outside the United States, as defined in section
5 of title 18, that would constitute a crime or of-
fense not capital if the conduct had been en-
gaged in within the special maritime and terri-
torial jurisdiction of the United States, as de-
fined in section 7 of title 18.
(Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L.
114–328, div. E, title LX, § 5451, Dec. 23, 2016, 130
Stat. 2958.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
934 ..........
50:728.
May 5, 1950, ch. 169, § 1
(Art. 134), 64 Stat. 142.
The words ‘‘shall be’’ are inserted before the word
‘‘punished’’.
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328 inserted at end ‘‘As used in the
preceding sentence, the term ‘crimes and offenses not
capital’ includes any conduct engaged in outside the
United States, as defined in section 5 of title 18, that
would constitute a crime or offense not capital if the
conduct had been engaged in within the special mari-
time and territorial jurisdiction of the United States,
as defined in section 7 of title 18.’’
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.
INCLUSION OF SEXUAL HARASSMENT AS GENERAL
PUNITIVE ARTICLE
Pub. L. 117–81, div. A, title V, § 539D, Dec. 27, 2021, 135
Stat. 1699, provided that:
‘‘(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act [Dec. 27, 2021], the
President shall—
‘‘(1) prescribe reg
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