(a) (1) In this section the following words have the meanings indicated. (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) "Inspector General" has the meaning stated in 10 U.S.C. 1034(j). (4) "Protected communication" means: (i) a lawful communication to a Member of Congress or an Inspector General; or (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. a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination; or 2. gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (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) wrongfully takes or threatens to take an adverse personnel action against a person; or (2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to a person.
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