§932 — Title 10 Armed Forces | U.S. Code

Summary

Anyone under this chapter must not retaliate against someone for reporting or planning to report a crime, or for making or planning to make a protected communication. Retaliation means wrongfully taking or threatening a negative job action, or wrongfully withholding or threatening to withhold a favorable job action. "Protected communication" means telling a Member of Congress or an Inspector General, or telling certain covered people or organizations about suspected law or regulation violations, including sexual harassment or unlawful discrimination, or about gross mismanagement, waste, abuse of authority, or serious danger to public health or safety. "Inspector General" means the term in section 1034(j). "Covered individual or organization" means the recipients listed in clauses (i) through (v) of section 1034(b)(1)(B). "Unlawful discrimination" means discrimination based on race, color, religion, sex, or national origin.

Title 10, §932

Armed Forces — Source: USLM XML via OLRC

(a)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;

(b)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 932 was renumbered section 924 of this title.

Amendments

2017—Subsec. (b)(2). Pub. L. 115–91 substituted “section 1034(j)” for “section 1034(h)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the

Amendments

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability 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.

§932 Art. 132. Retaliation

Summary

Title 10, §932

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Regulations

Citations & Metadata