1. (a) Any person subject to this code shall be punished at the direction of a commanding officer if such person takes or threatens to take an adverse personnel action or withholds or threatens to withhold a favorable personnel action with the intent to:

   1. (1) Retaliate against any person for reporting or planning to report a criminal or military offense;
   2. (2) retaliate against any person making or planning to make a protected communication; or
   3. (3) discourage any person from reporting or planning to report a criminal or military offense.

2. (b) As used in this section:

   1. (1) "Covered individual or organization" means any recipient of communication specified in 10 U.S.C. § 1034(b)(1)(B)(i) through (v).
   2. (2) "Inspector general" means the same as defined in 10 U.S.C. § 1034(j).

   3. (3) "Protected communication" means:

      1. (A) A lawful communication to a member of congress or an inspector general; or

      2. (B) a communication to a covered individual or organization in which a member of the armed forces or state military forces complains of or discloses information that the member reasonably believes constitutes evidence of the following:

         1. (i) A violation of law or regulation prohibiting sexual harassment or unlawful discrimination; or
         2. (ii) gross mismanagement, a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety.
   4. (4) "Unlawful discrimination" means discrimination on the basis of race, color, religion, sex or national origin.

L. 2024, ch. 78, § 32; July 1.