
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1034]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1034. Protected communications; prohibition of retaliatory 
        personnel actions
        
    (a) Restricting Communications With Members of Congress and 
Inspector General Prohibited.--(1) No person may restrict a member of 
the armed forces in communicating with a Member of Congress or an 
Inspector General.
    (2) Paragraph (1) does not apply to a communication that is 
unlawful.
    (b) Prohibition of Retaliatory Personnel Actions.--(1) No person may 
take (or threaten to take) an unfavorable personnel action, or withhold 
(or threaten to withhold) a favorable personnel action, as a reprisal 
against a member of the armed forces for making or preparing--
        (A) a communication to a Member of Congress or an Inspector 
    General that (under subsection (a)) may not be restricted; or
        (B) a communication that is described in subsection (c)(2) and 
    that is made (or prepared to be made) to--
            (i) a Member of Congress;
            (ii) an Inspector General (as defined in subsection (i)) or 
        any other Inspector General appointed under the Inspector 
        General Act of 1978;
            (iii) a member of a Department of Defense audit, inspection, 
        investigation, or law enforcement organization; or
            (iv) any other person or organization (including any person 
        or organization in the chain of command) designated pursuant to 
        regulations or other established administrative procedures for 
        such communications.

    (2) Any action prohibited by paragraph (1) (including the threat to 
take any action and the withholding or threat to withhold any favorable 
action) shall be considered for the purposes of this section to be a 
personnel action prohibited by this subsection.
    (c) Inspector General Investigation of Allegations of Prohibited 
Personnel Actions.--(1) If a member of the armed forces submits to an 
Inspector General an allegation that a personnel action prohibited by 
subsection (b) has been taken (or threatened) against the member with 
respect to a communication described in paragraph (2), the Inspector 
General shall take the action required under paragraph (3).
    (2) A communication described in this paragraph is a communication 
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:
        (A) A violation of law or regulation, including a law or 
    regulation prohibiting sexual harassment or unlawful discrimination.
        (B) Gross mismanagement, a gross waste of funds, an abuse of 
    authority, or a substantial and specific danger to public health or 
    safety.

    (3)(A) An Inspector General receiving an allegation as described in 
paragraph (1) shall expeditiously determine, in accordance with 
regulations prescribed under subsection (h), whether there is sufficient 
evidence to warrant an investigation of the allegation.
    (B) If the Inspector General receiving such an allegation is an 
Inspector General within a military department, that Inspector General 
shall promptly notify the Inspector General of the Department of Defense 
of the allegation. Such notification shall be made in accordance with 
regulations prescribed under subsection (h).
    (C) If an allegation under paragraph (1) is submitted to an 
Inspector General within a military department and if the determination 
of that Inspector General under subparagraph (A) is that there is not 
sufficient evidence to warrant an investigation of the allegation, that 
Inspector General shall forward the matter to the Inspector General of 
the Department of Defense for review.
    (D) Upon determining that an investigation of an allegation under 
paragraph (1) is warranted, the Inspector General making the 
determination shall expeditiously investigate the allegation. In the 
case of a determination made by the Inspector General of the Department 
of Defense, that Inspector General may delegate responsibility for the 
investigation to an appropriate Inspector General within a military 
department.
    (E) In the case of an investigation under subparagraph (D) within 
the Department of Defense, the results of the investigation shall be 
determined by, or approved by, the Inspector General of the Department 
of Defense (regardless of whether the investigation itself is conducted 
by the Inspector General of the Department of Defense or by an Inspector 
General within a military department).
    (4) Neither an initial determination under paragraph (3)(A) nor an 
investigation under paragraph (3)(D) is required in the case of an 
allegation made more than 60 days after the date on which the member 
becomes aware of the personnel action that is the subject of the 
allegation.
    (5) The Inspector General of the Department of Defense, or the 
Inspector General of the Department of Transportation (in the case of a 
member of the Coast Guard when the Coast Guard is not operating as a 
service in the Navy), shall ensure that the Inspector General conducting 
the investigation of an allegation under this subsection is outside the 
immediate chain of command of both the member submitting the allegation 
and the individual or individuals alleged to have taken the retaliatory 
action.
    (d) Inspector General Investigation of Underlying Allegations.--Upon 
receiving an allegation under subsection (c), the Inspector General 
receiving the allegation shall conduct a separate investigation of the 
information that the member making the allegation believes constitutes 
evidence of wrongdoing (as described in subparagraph (A) or (B) of 
subsection (c)(2)) if there previously has not been such an 
investigation or if the Inspector General determines that the original 
investigation was biased or otherwise inadequate. In the case of an 
allegation received by the Inspector General of the Department of 
Defense, the Inspector General may delegate that responsibility to the 
Inspector General of the armed force concerned.
    (e) Reports on Investigations.--(1) After completion of an 
investigation under subsection (c) or (d) or, in the case of an 
investigation under subsection (c) by an Inspector General within a 
military department, after approval of the report of that investigation 
under subsection (c)(3)(E), the Inspector General conducting the 
investigation shall submit a report on the results of the investigation 
to the Secretary of Defense (or to the Secretary of Transportation in 
the case of a member of the Coast Guard when the Coast Guard is not 
operating as a service in the Navy) and shall transmit a copy of the 
report on the results of the investigation to the member of the armed 
forces who made the allegation investigated. The report shall be 
transmitted to the Secretary, and the copy of the report shall be 
transmitted to the member, not later than 30 days after the completion 
of the investigation or, in the case of an investigation under 
subsection (c) by an Inspector General within a military department, 
after approval of the report of that investigation under subsection 
(c)(3)(E).
    (2) In the copy of the report transmitted to the member, the 
Inspector General shall ensure the maximum disclosure of information 
possible, with the exception of information that is not required to be 
disclosed under section 552 of title 5. However, the copy need not 
include summaries of interviews conducted, nor any document acquired, 
during the course of the investigation. Such items shall be transmitted 
to the member, if the member requests the items, with the copy of the 
report or after the transmittal to the member of the copy of the report, 
regardless of whether the request for those items is made before or 
after the copy of the report is transmitted to the member.
    (3) If, in the course of an investigation of an allegation under 
this section, the Inspector General determines that it is not possible 
to submit the report required by paragraph (1) within 180 days after the 
date of receipt of the allegation being investigated, the Inspector 
General shall provide to the Secretary of Defense (or to the Secretary 
of Transportation in the case of a member of the Coast Guard when the 
Coast Guard is not operating as a service in the Navy) and to the member 
making the allegation a notice--
        (A) of that determination (including the reasons why the report 
    may not be submitted within that time); and
        (B) of the time when the report will be submitted.

    (4) The report on the results of the investigation shall contain a 
thorough review of the facts and circumstances relevant to the 
allegation and the complaint or disclosure and shall include documents 
acquired during the course of the investigation, including summaries of 
interviews conducted. The report may include a recommendation as to the 
disposition of the complaint.
    (f) Correction of Records When Prohibited Action Taken.--(1) A board 
for the correction of military records acting under section 1552 of this 
title, in resolving an application for the correction of records made by 
a member or former member of the armed forces who has alleged a 
personnel action prohibited by subsection (b), on the request of the 
member or former member or otherwise, may review the matter.
    (2) In resolving an application described in paragraph (1), a 
correction board--
        (A) shall review the report of the Inspector General submitted 
    under subsection (e)(1);
        (B) may request the Inspector General to gather further 
    evidence; and
        (C) may receive oral argument, examine and cross-examine 
    witnesses, take depositions, and, if appropriate, conduct an 
    evidentiary hearing.

    (3) If the board elects to hold an administrative hearing, the 
member or former member who filed the application described in paragraph 
(1)--
        (A) may be provided with representation by a judge advocate if--
            (i) the Inspector General, in the report under subsection 
        (e)(1), finds that there is probable cause to believe that a 
        personnel action prohibited by subsection (b) has been taken (or 
        threatened) against the member with respect to a communication 
        described in subsection (c)(2);
            (ii) the Judge Advocate General concerned determines that 
        the case is unusually complex or otherwise requires judge 
        advocate assistance to ensure proper presentation of the legal 
        issues in the case; and
            (iii) the member is not represented by outside counsel 
        chosen by the member; and

        (B) may examine witnesses through deposition, serve 
    interrogatories, and request the production of evidence, including 
    evidence contained in the investigatory record of the Inspector 
    General but not included in the report submitted under subsection 
    (e)(1).

    (4) The Secretary concerned shall issue a final decision with 
respect to an application described in paragraph (1) within 180 days 
after the application is filed. If the Secretary fails to issue such a 
final decision within that time, the member or former member shall be 
deemed to have exhausted the member's or former member's administrative 
remedies under section 1552 of this title.
    (5) The Secretary concerned shall order such action, consistent with 
the limitations contained in sections 1552 and 1553 of this title, as is 
necessary to correct the record of a personnel action prohibited by 
subsection (b).
    (6) If the Board determines that a personnel action prohibited by 
subsection (b) has occurred, the Board may recommend to the Secretary 
concerned that the Secretary take appropriate disciplinary action 
against the individual who committed such personnel action.
    (g) Review by Secretary of Defense.--Upon the completion of all 
administrative review under subsection (f), the member or former member 
of the armed forces (except for a member or former member of the Coast 
Guard when the Coast Guard is not operating as a service in the Navy) 
who made the allegation referred to in subsection (c)(1), if not 
satisfied with the disposition of the matter, may submit the matter to 
the Secretary of Defense. The Secretary shall make a decision to reverse 
or uphold the decision of the Secretary of the military department 
concerned in the matter within 90 days after receipt of such a 
submittal.
    (h) Regulations.--The Secretary of Defense, and the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy, shall prescribe regulations to carry out this 
section.
    (i) Definitions.--In this section:
        (1) The term ``Member of Congress'' includes any Delegate or 
    Resident Commissioner to Congress.
        (2) The term ``Inspector General'' means any of the following:
            (A) The Inspector General of the Department of Defense.
            (B) The Inspector General of the Department of 
        Transportation, in the case of a member of the Coast Guard when 
        the Coast Guard is not operating as a service in the Navy.
            (C) Any officer of the armed forces or employee of the 
        Department of Defense who is assigned or detailed to serve as an 
        Inspector General at any level in the Department of Defense.

        (3) The term ``unlawful discrimination'' means discrimination on 
    the basis of race, color, religion, sex, or national origin.

(Aug. 10, 1956, ch. 1041, 70A Stat. 80; Pub. L. 98-525, title XIV, 
Sec. 1405(19)(A), (B)(i), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 100-456, 
div. A, title VIII, Sec. 846(a)(1), Sept. 29, 1988, 102 Stat. 2027; Pub. 
L. 101-225, title II, Sec. 202, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 
103-337, div. A, title V, Sec. 531(a)-(g)(1), Oct. 5, 1994, 108 Stat. 
2756-2758; Pub. L. 105-261, div. A, title IX, Sec. 933, Oct. 17, 1998, 
112 Stat. 2107; Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 903], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-224.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1034..................................  50 App.:454(a) (last par.)           Ju
ne 24, 1948, ch. 625, Sec.  4(a)
                                                                              (
last par.); restated June 19,
                                                                              1
951, ch. 144, Sec.  1(d) (last
                                                                              p
ar.), 65 Stat. 78.
-------------------------------------------------------------------------------
---------------------------------

    The words ``prevented'', ``directly or indirectly'', ``concerning 
any subject'', ``or Members'', and ``and safety'' are omitted as 
surplusage. The word ``unlawful'' is substituted for the words ``in 
violation of law''.

                       References in Text

    The Inspector General Act of 1978, referred to in subsec. 
(b)(1)(B)(ii), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as 
amended, which is set out in the Appendix to Title 5, Government 
Organization and Employees.


                               Amendments

    2000--Subsec. (c)(3)(A). Pub. L. 106-398, Sec. 1 [[div. A], title 
IX, Sec. 903(a)], inserted ``, in accordance with regulations prescribed 
under subsection (h),'' after ``shall expeditiously determine''.
    Subsec. (i)(2). Pub. L. 106-398, Sec. 1 [[div. A], title IX, 
Sec. 903(b)(1)], inserted ``any of'' after ``means'' in introductory 
provisions.
    Subsec. (i)(2)(C) to (G). Pub. L. 106-398, Sec. 1 [[div. A], title 
IX, Sec. 903(b)(2), (3)], added subpar. (C) and struck out former 
subpars. (C) to (G) which read as follows:
    ``(C) The Inspector General of the Army, in the case of a member of 
the Army.
    ``(D) The Naval Inspector General, in the case of a member of the 
Navy.
    ``(E) The Inspector General of the Air Force, in the case of a 
member of the Air Force.
    ``(F) The Deputy Naval Inspector General for Marine Corps Matters, 
in the case of a member of the Marine Corps.
    ``(G) An officer of the armed forces assigned or detailed under 
regulations of the Secretary concerned to serve as an Inspector General 
at any command level in one of the armed forces.''
    1998--Subsec. (b)(1)(B)(ii). Pub. L. 105-261, Sec. 933(f)(2), 
substituted ``subsection (i)) or any other Inspector General appointed 
under the Inspector General Act of 1978'' for ``subsection (j))''.
    Subsec. (c)(1). Pub. L. 105-261, Sec. 933(a)(1)(A), added par. (1) 
and struck out former par. (1) which read as follows: ``If a member of 
the armed forces submits to the Inspector General of the Department of 
Defense (or the Inspector General of the Department of Transportation, 
in the case of a member of the Coast Guard when the Coast Guard is not 
operating as a service in the Navy) an allegation that a personnel 
action prohibited by subsection (b) has been taken (or threatened) 
against the member with respect to a communication described in 
paragraph (2), the Inspector General shall expeditiously investigate the 
allegation. If, in the case of an allegation submitted to the Inspector 
General of the Department of Defense, the Inspector General delegates 
the conduct of the investigation of the allegation to the inspector 
general of one of the armed forces, the Inspector General of the 
Department of Defense shall ensure that the inspector general conducting 
the investigation is outside the immediate chain of command of both the 
member submitting the allegation and the individual or individuals 
alleged to have taken the retaliatory action.''
    Subsec. (c)(2)(B). Pub. L. 105-261, Sec. 933(b), substituted ``Gross 
mismanagement'' for ``Mismanagement''.
    Subsec. (c)(3) to (5). Pub. L. 105-261, Sec. 933(a)(1)(B), added 
pars. (3) to (5) and struck out former par. (3) which read as follows: 
``The Inspector General is not required to make an investigation under 
paragraph (1) in the case of an allegation made more than 60 days after 
the date on which the member becomes aware of the personnel action that 
is the subject of the allegation.''
    Subsec. (d). Pub. L. 105-261, Sec. 933(a)(2), inserted ``receiving 
the allegation'' after ``, the Inspector General'' and ``In the case of 
an allegation received by the Inspector General of the Department of 
Defense, the Inspector General may delegate that responsibility to the 
Inspector General of the armed force concerned.'' at end.
    Subsec. (e)(1). Pub. L. 105-261, Sec. 933(c)(1), substituted ``After 
completion of an investigation under subsection (c) or (d) or, in the 
case of an investigation under subsection (c) by an Inspector General 
within a military department, after approval of the report of that 
investigation under subsection (c)(3)(E), the Inspector General 
conducting the investigation shall submit a report on'' for ``Not later 
than 30 days after completion of an investigation under subsection (c) 
or (d), the Inspector General shall submit a report on'' and inserted 
``shall transmit a copy of the report on the results of the 
investigation to'' before ``the member of the armed forces'' and ``The 
report shall be transmitted to the Secretary, and the copy of the report 
shall be transmitted to the member, not later than 30 days after the 
completion of the investigation or, in the case of an investigation 
under subsection (c) by an Inspector General within a military 
department, after approval of the report of that investigation under 
subsection (c)(3)(E).'' at end.
    Subsec. (e)(2). Pub. L. 105-261, Sec. 933(c)(2), substituted 
``transmitted'' for ``submitted'' and inserted at end ``However, the 
copy need not include summaries of interviews conducted, nor any 
document acquired, during the course of the investigation. Such items 
shall be transmitted to the member, if the member requests the items, 
with the copy of the report or after the transmittal to the member of 
the copy of the report, regardless of whether the request for those 
items is made before or after the copy of the report is transmitted to 
the member.''
    Subsec. (e)(3). Pub. L. 105-261, Sec. 933(c)(3), substituted ``180 
days'' for ``90 days''.
    Subsec. (h). Pub. L. 105-261, Sec. 933(f)(1), redesignated subsec. 
(i) as (h).
    Pub. L. 105-261, Sec. 933(d), struck out heading and text of subsec. 
(h). Text read as follows: ``After disposition of any case under this 
section, the Inspector General shall, whenever possible, conduct an 
interview with the person making the allegation to determine the views 
of that person on the disposition of the matter.''
    Subsec. (i). Pub. L. 105-261, Sec. 933(f)(1), redesignated subsec. 
(j) as (i). Former subsec. (i) redesignated (h).
    Subsec. (j). Pub. L. 105-261, Sec. 933(f)(1), redesignated subsec. 
(j) as (i).
    Subsec. (j)(2). Pub. L. 105-261, Sec. 933(e), substituted ``means 
the following:'' for ``means--'' in introductory provisions, added 
subpars. (A) to (F), redesignated former subpar. (B) as (G) and 
substituted ``An officer'' for ``an officer'' in that subpar., and 
struck out former subpar. (A) which read as follows: ``an Inspector 
General appointed under the Inspector General Act of 1978; and''.
    1994--Pub. L. 103-337, Sec. 531(g)(1), substituted ``Protected 
communications'' for ``Communicating with a Member of Congress or 
Inspector General'' in section catchline.
    Subsec. (b). Pub. L. 103-337, Sec. 531(a), inserted ``(1)'' before 
``No person may take'', substituted ``or preparing--'' for ``or 
preparing a communication to a Member of Congress or an Inspector 
General that (under subsection (a)) may not be restricted.'', added 
subpars. (A) and (B), inserted ``(2)'' before ``Any action prohibited'', 
and substituted ``paragraph (1)'' for ``the preceding sentence''.
    Subsec. (c). Pub. L. 103-337, Sec. 531(b)(3), substituted 
``Allegations of Prohibited Personnel Actions'' for ``Certain 
Allegations'' in heading.
    Subsec. (c)(1). Pub. L. 103-337, Sec. 531(b)(1), inserted at end 
``If, in the case of an allegation submitted to the Inspector General of 
the Department of Defense, the Inspector General delegates the conduct 
of the investigation of the allegation to the inspector general of one 
of the armed forces, the Inspector General of the Department of Defense 
shall ensure that the inspector general conducting the investigation is 
outside the immediate chain of command of both the member submitting the 
allegation and the individual or individuals alleged to have taken the 
retaliatory action.''
    Subsec. (c)(2). Pub. L. 103-337, Sec. 531(b)(2), added par. (2) and 
struck out former par. (2) which read as follows: ``A communication 
described in this paragraph is a communication to a Member of Congress 
or an Inspector General that (under subsection (a)) may not be 
restricted in which the member of the armed forces makes a complaint or 
discloses information that the member reasonably believes constitutes 
evidence of--
        ``(A) a violation of a law or regulation; or
        ``(B) mismanagement, a gross waste of funds, an abuse of 
    authority, or a substantial and specific danger to public health or 
    safety.''
    Subsec. (c)(4). Pub. L. 103-337, Sec. 531(c)(2), struck out par. (4) 
which read as follows: ``If the Inspector General has not already done 
so, the Inspector General shall commence a separate investigation of the 
information that the member believes evidences wrongdoing as described 
in subparagraph (A) or (B) of paragraph (2). The Inspector General is 
not required to make such an investigation if the information that the 
member believes evidences wrongdoing relates to actions which took place 
during combat.''
    Subsec. (c)(5). Pub. L. 103-337, Sec. 531(d)(1), redesignated 
subsec. (c)(5) as subsec. (e)(1).
    Subsec. (c)(6), (7). Pub. L. 103-337, Sec. 531(d)(4), redesignated 
subsec. (c)(6) and (7) as subsec. (e)(3) and (4), respectively.
    Subsec. (d). Pub. L. 103-337, Sec. 531(c)(2), added subsec. (d). 
Former subsec. (d) redesignated (f).
    Subsec. (e). Pub. L. 103-337, Sec. 531(d)(1), redesignated subsec. 
(c)(5) as subsec. (e) and inserted subsec. heading and par. (1) 
designation before ``Not later than 30 days''. Former subsec. (e) 
redesignated (g).
    Subsec. (e)(1). Pub. L. 103-337, Sec. 531(d)(2), substituted 
``subsection (c) or (d)'' for ``this subsection'' and ``the member of 
the armed forces who made the allegation investigated'' for ``the member 
of the armed forces concerned'' and struck out at end ``In the copy of 
the report submitted to the member, the Inspector General may exclude 
any information that would not otherwise be available to the member 
under section 552 of title 5.''
    Subsec. (e)(2). Pub. L. 103-337, Sec. 531(d)(3), added par. (2).
    Subsec. (e)(3). Pub. L. 103-337, Sec. 531(d)(4), (5), redesignated 
subsec. (c)(6) as subsec. (e)(3) and substituted ``paragraph (1)'' for 
``paragraph (5)''.
    Subsec. (e)(4). Pub. L. 103-337, Sec. 531(d)(4), redesignated 
subsec. (c)(7) as subsec. (e)(4).
    Subsec. (f). Pub. L. 103-337, Sec. 531(c)(1), (f)(1), redesignated 
subsec. (d) as (f) and substituted ``subsection (e)(1)'' for 
``subsection (c)(5)'' in pars. (2)(A), (3)(A)(i) and (B). Former subsec. 
(f) redesignated (h).
    Subsec. (g). Pub. L. 103-337, Sec. 531(c)(1), (f)(2), redesignated 
subsec. (e) as (g) and substituted ``subsection (f)'' for ``subsection 
(d)''. Former subsec. (g) redesignated (i).
    Subsecs. (h), (i). Pub. L. 103-337, Sec. 531(c)(1), redesignated 
subsecs. (f) and (g) as (h) and (i), respectively. Former subsec. (h) 
redesignated (j).
    Subsec. (j). Pub. L. 103-337, Sec. 531(c)(1), (e), redesignated 
subsec. (h) as (j) and added par. (3).
    1989--Subsec. (c)(1). Pub. L. 101-225, Sec. 202(1), inserted ``when 
the Coast Guard is not operating as a service in the Navy'' after 
``Coast Guard''.
    Subsec. (c)(5). Pub. L. 101-225, Sec. 202(2), inserted ``(or to the 
Secretary of Transportation in the case of a member of the Coast Guard 
when the Coast Guard is not operating as a service in the Navy)'' after 
``Secretary of Defense''.
    Subsec. (c)(6). Pub. L. 101-225, Sec. 202(3), inserted ``(or to the 
Secretary of Transportation in the case of a member of the Coast Guard 
when the Coast Guard is not operating as a service in the Navy)'' after 
``Secretary of Defense''.
    Subsec. (e). Pub. L. 101-225, Sec. 202(4), inserted ``(except for a 
member or former member of the Coast Guard when the Coast Guard is not 
operating as a service in the Navy)'' after ``armed forces''.
    1988--Pub. L. 100-456 substituted ``Communicating with a Member of 
Congress or Inspector General; prohibition of retaliatory personnel 
actions'' for ``Communicating with a Member of Congress'' in section 
catchline, and amended text generally. Prior to amendment, text read as 
follows: ``No person may restrict any member of an armed force in 
communicating with a Member of Congress, unless the communication is 
unlawful or violates a regulation necessary to the security of the 
United States.''
    1984--Pub. L. 98-525 substituted ``Member'' for ``member'' in 
section catchline and text.


                    Effective Date of 1988 Amendment

    Section 846(d) of Pub. L. 100-456 provided that: ``The amendment to 
section 1034 of title 10, United States Code, made by subsection (a)(1), 
shall apply with respect to any personnel action taken (or threatened to 
be taken) on or after the date of the enactment of this Act [Sept. 29, 
1988] as a reprisal prohibited by subsection (b) of that section.''


                               Regulations

    Section 531(h), (i) of Pub. L. 103-337 provided that:
    ``(h) Deadline for Regulations.--The Secretary of Defense and the 
Secretary of Transportation shall prescribe regulations to implement the 
amendments made by this section [amending this section] not later than 
120 days after the date of the enactment of this Act [Oct. 5, 1994].
    ``(i) Content of Regulations.--In prescribing regulations under 
section 1034 of title 10, United States Code, as amended by this 
section, the Secretary of Defense and the Secretary of Transportation 
shall provide for appropriate procedural protections for the subject of 
any investigation carried out under the provisions of that section, 
including a process for appeal and review of investigative findings.''
    Section 846(b) of Pub. L. 100-456 provided that: ``The Secretary of 
Defense and the Secretary of Transportation shall prescribe the 
regulations required by subsection (g) [now (h)] of section 1034 of 
title 10, United States Code, as amended by subsection (a), not later 
than 180 days after the date of the enactment of this Act [Sept. 29, 
1988].''


          Whistleblower Protections for Members of Armed Forces

    Pub. L. 102-190, div. A, title VIII, Sec. 843, Dec. 5, 1991, 105 
Stat. 1449, provided that:
    ``(a) Regulations Required.--The Secretary of Defense shall 
prescribe regulations prohibiting members of the Armed Forces from 
taking or threatening to take any unfavorable personnel action, or 
withholding or threatening to withhold a favorable personnel action, as 
a reprisal against any member of the Armed Forces for making or 
preparing a lawful communication to any employee of the Department of 
Defense or any member of the Armed Forces who is assigned to or belongs 
to an organization which has as its primary responsibility audit, 
inspection, investigation, or enforcement of any law or regulation.
    ``(b) Violations by Persons Subject to the UCMJ.--The Secretary 
shall provide in the regulations that a violation of the prohibition by 
a person subject to chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice), is punishable as a violation of 
section 892 of such title (article 92 of the Uniform Code of Military 
Justice).
    ``(c) Deadline.--The regulations required by this section shall be 
prescribed not later than 180 days after the date of the enactment of 
this Act [Dec. 5, 1991].''


                Report on Activities of Inspector General

    Section 846(c) of Pub. L. 100-456 directed Inspector General of 
Department of Defense (and Inspector General of Department of 
Transportation with respect to Coast Guard) to submit, not later than 
Feb. 1, 1990, a report to Congress on activities of Inspector General 
under this section, with that report to include, in the case of each 
case handled by Inspector General under this section, a description of 
(A) nature of allegation described in subsec. (c) of this section; (B) 
evaluation and recommendation of Inspector General with respect to 
allegation; (C) any action of appropriate board for correction of 
military records with respect to allegation; (D) if allegation was 
determined to be meritorious, any corrective action taken; and (E) views 
of member or former member of armed forces making allegation (determined 
on basis of interview under subsec. (f) of this section) on disposition 
of case.
