§ 932. Art. 132. Retaliation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LX § 5450 · 130 Stat. 2000

   Enacted · 10 U.S.C. § 932

   Added Pub. L. 114–328, div. E, title LX, § 5450, Dec. 23, 2016, 130 Stat. 2957

   Source evidence

   Code source credit
   Added Pub. L. 114–328, div. E, title LX, § 5450, Dec. 23, 2016, 130 Stat. 2957

   Enacted provision · exact public law section
   SEC. 5450. RETALIATION.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931g (article 131g of the Uniform Code of Military Justice), as added by section 5449 of this Act, the following new section (article): “§ 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(h) 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.” .

   Effective date note
   Amendment 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.

2. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title X § 1081(c)(1)(Q) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 932(b)(2)

   Pub. L. 115–91 substituted “section 1034(j)” for “section 1034(h)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–91 substituted “section 1034(j)” for “section 1034(h)”.

   Enacted provision · exact public law section
   (Q) Subsection (b)(2) of section 932 (article 132), as added by section 5450 of the Military Justice Act of 2016 (130 Stat. 2957), is amended by striking “section 1034(h)” and inserting “section 1034(j)”.

   Effective date note
   Amendment 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.

2 of 2 references resolved to an enrolled provision