1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Covered individual or organization” means a recipient of a communication specified in clauses (i) through (v) of 10 U.S.C. 1034(b)(1)(B).
   3. (3) “Inspector General” has the meaning stated in 10 U.S.C. 1034(j).

   4. (4) “Protected communication” means:

      1. (i) a lawful communication to a Member of Congress or an Inspector General; or

      2. (ii) 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:

         1. 1. a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination; or
         2. 2. gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

2. (b) A person subject to this title shall be punished as a court-martial may direct if, with the intent to retaliate against a 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 a person from reporting a criminal offense or making or planning to make a protected communication, the person:

   1. (1) wrongfully takes or threatens to take an adverse personnel action against a person; or
   2. (2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to a person.

Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2023, c. 49, § 2, eff. April 11, 2023.