# § 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—
shall be punished as a court-martial may direct.
**(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)** **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.
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**Source Credit**: (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.)
## Editorial Notes
### Prior Provisions
A prior section 932 was renumbered .
### Amendments
2017—Subsec. (b)(2). substituted “section 1034(j)” for “section 1034(h)”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2017 Amendment
Amendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .
### Effective Date
Section effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .