10 U.S.C. § 932

Art. 132. Retaliation

(a) In General.—

Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication—

(1)

wrongfully takes or threatens to take an adverse personnel action against any person; or

(2)

wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person;

shall be punished as a court-martial may direct.

(b) Definitions.—

In this section:

(1)

The term “protected communication” means the following:

(A)

A lawful communication to a Member of Congress or an Inspector General.

(B)

A communication to a covered individual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following:

(i)

A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination.

(ii)

Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

(2)

The term “Inspector General” has the meaning given that term in section 1034(j) of this title .

(3)

The term “covered individual or organization” means any recipient of a communication specified in clauses (i) through (v) of section 1034(b)(1)(B) of this title .

(4)

The term “unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.

(Added Pub. L. 114–328, div. E, title LX, § 5450 , Dec. 23, 2016 , 130 Stat. 2957 ; amended Pub. L. 115–91, div. A, title X, § 1081(c)(1)(Q) , Dec. 12, 2017 , 131 Stat. 1599 .)