WHAT THE LAW DOINCongress, in plain words

The law › Title 10, Armed Forces › Chapter 53

10 U.S.C. 1034: Protected communications; prohibition of retaliatory personnel actions

Created in 1984 by Public Law 98-525. Changed by 14 later laws. 1 bill in this Congress would change it.

5 other sections of the Code cite this one, including 6 U.S.C. 1507, 10 U.S.C. 932, 10 U.S.C. 1090b, 33 U.S.C. 3071, 50 U.S.C. 3373b.

4 parts of federal rules cite it as their authority, written by National Oceanic and Atmospheric Administration, Department of Commerce (1), Office of the Secretary of Defense (1), Department of the Navy (1), Coast Guard, Department of Homeland Security (1).

This Congress

  • S. 4784 National Defense Authorization Act for Fiscal Year 2027 · reported by committee · would change (b), (j)

How it got here

2022

  • Pub. L. 117–286 substituted "chapter 4 of title 5;" for "the Inspector General Act of 1978;". Law text · (b)

2019

  • Pub. L. 116–92 substituted "subsection (j)" for "subsection (i)". (National Defense Authorization Act for Fiscal Year 2020) Law text · (b)

2017

  • Pub. L. 115–91 substituted "section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice)" for "sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice)". (National Defense Authorization Act for Fiscal Year 2018) Law text · (c)

2016

  • Pub. L. 114–328, §531(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Any action prohibited by paragraph (1) (including the threat to take any unfavorable action, the withholding or threat to withhold any favorable action, or making or threatening to m… (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)
  • Pub. L. 114–328, §531(b)(1), added subpar. (E) and redesignated former subpar. (E) as (F). (National Defense Authorization Act for Fiscal Year 2017) Law text · (c), (F)
  • Pub. L. 114–328, §531(b)(2), substituted "subsection (c)(4)(F)" for "subsection (c)(4)(E)". (National Defense Authorization Act for Fiscal Year 2017) Law text · (e)
  • Pub. L. 114–328, §531(c), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "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) wit… (National Defense Authorization Act for Fiscal Year 2017) Law text · (e)
  • Pub. L. 114–328, §532(a)(1), substituted "Substantiated Violations" for "Violations" in heading. (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
  • Pub. L. 114–328, §532(a)(2), substituted "corrective or disciplinary action should be taken. If the Secretary concerned determines that corrective or disciplinary action should be taken, the Secretary shall take appropriate corrective or disciplinary action." for "there is sufficien… (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
  • Pub. L. 114–328, §532(b)(1), substituted "the Inspector General determines" for "the Secretary concerned determines under paragraph (1)" and "the Secretary concerned shall" for "the Secretary shall" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
  • Pub. L. 114–328, §532(b)(2), inserted before semicolon ", including referring the report to the appropriate board for the correction of military records". (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
  • Pub. L. 114–328, §532(b)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: "take any appropriate disciplinary action against the individual who committed such prohibited personnel action." (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
  • Pub. L. 114–328, §531(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "In resolving an application described in paragraph (1), a correction board— (National Defense Authorization Act for Fiscal Year 2017) Law text · (g)

2013

  • Pub. L. 113–66, §1714(a)(1)(A), substituted "preparing or being perceived as making or preparing—" for "preparing—" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2014) Law text · (b)
  • Pub. L. 113–66, §1714(a)(1)(C), added cl. (v) and redesignated former cl. (v) as (vi). (National Defense Authorization Act for Fiscal Year 2014) Law text · (b), (vi)
  • Pub. L. 113–66, §1714(a)(1)(B), (C)(ii), (D), added subpar. (C). (National Defense Authorization Act for Fiscal Year 2014) Law text · (b)
  • Pub. L. 113–66, §1714(a)(2), substituted a comma for "and" after "unfavorable action" and inserted ", or making or threatening to make a significant change in the duties or responsibilities of a member of the armed forces not commensurate with the member's grade" after "favorable ac… (National Defense Authorization Act for Fiscal Year 2014) Law text · (b)
  • Pub. L. 113–66, §1714(b)(1), substituted "paragraph (4)" for "paragraph (3)". (National Defense Authorization Act for Fiscal Year 2014) Law text · (c)
  • Pub. L. 113–66, §1715, substituted "rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or" for "sexual harassment or". (National Defense Authorization Act for Fiscal Year 2014) Law text · (c)
  • Pub. L. 113–66, §1714(b)(2)–(5), added par. (3), redesignated former pars. (3) to (5) as (4) to (6), respectively, in par. (5), substituted "paragraph (4)(A)" for "paragraph (3)(A)", "paragraph (4)(D)" for "paragraph (3)(D)", and "one year" for "60 days", and in par. (6), sub… (National Defense Authorization Act for Fiscal Year 2014) Law text · (c)
  • Pub. L. 113–66, §1714(c), substituted "subparagraph (A), (B), or (C) of subsection (c)(2)" for "subparagraph (A) or (B) of subsection (c)(2)". (National Defense Authorization Act for Fiscal Year 2014) Law text · (d)
  • Pub. L. 113–66, §1714(d)(1), substituted "subsection (c)(4)(E)" for "subsection (c)(3)(E)" in two places and "transmitted to such Secretaries" for "transmitted to the Secretary" and inserted "and the Secretary of the military department concerned" after "the Secretary of Defense". (National Defense Authorization Act for Fiscal Year 2014) Law text · (e)
  • Pub. L. 113–66, §1714(d)(2), inserted "and the Secretary of the military department concerned" after "the Secretary of Defense" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2014) Law text · (e)
  • Pub. L. 113–66, §1714(e)(2), added subsec. (f). Former subsec. (f) redesignated (g). (National Defense Authorization Act for Fiscal Year 2014) Law text · (f)
  • Pub. L. 113–66, §1714(e)(1), (f), redesignated subsec. (f) as (g), and in par. (3), substituted "board holds" for "board elects to hold" in introductory provisions and "the member or former member would benefit from" for "the case is unusually complex or otherwise requires" in subpar. … (National Defense Authorization Act for Fiscal Year 2014) Law text · (g)
  • Pub. L. 113–66, §1714(e)(1), redesignated subsecs. (g) to (i) as (h) to (j), respectively. (National Defense Authorization Act for Fiscal Year 2014) Law text · (h), (i), (j)

2011

  • Pub. L. 112–81 added subpar. (C). (National Defense Authorization Act for Fiscal Year 2012) Law text · (c)

2008

  • Pub. L. 110–181 inserted "unfavorable" before "action and the withholding". (National Defense Authorization Act for Fiscal Year 2008) Law text · (b)

2004

  • Pub. L. 108–375 added cls. (iv) and (v) and struck out former cl. (iv) which read as follows: "any other person or organization (including any person or organization in the chain of command) designated pursuant to regulations or other established administrative procedure… (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (b), (v)

2002

  • Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation". (Homeland Security Act of 2002) Law text · (c), (e), (3), (h), (i)

2000

  • Pub. L. 106–398, §1 [[div. A], title IX, §903(a)], inserted ", in accordance with regulations prescribed under subsection (h)," after "shall expeditiously determine". (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (c)
  • Pub. L. 106–398, §1 [[div. A], title IX, §903(b)(1)], inserted "any of" after "means" in introductory provisions. (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (i)
  • Pub. L. 106–398, §1 [[div. A], title IX, §903(b)(2), (3)], added subpar. (C) and struck out former subpars. (C) to (G) which read as follows: (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (i)

1998

  • Pub. L. 105–261, §933(f)(2), substituted "subsection (i)) or any other Inspector General appointed under the Inspector General Act of 1978" for "subsection (j))". (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (b)
  • Pub. L. 105–261, §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 … (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (c)
  • Pub. L. 105–261, §933(b), substituted "Gross mismanagement" for "Mismanagement". (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (c)
  • Pub. L. 105–261, §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 mem… (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (c)
  • Pub. L. 105–261, §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 arme… (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (d)
  • Pub. L. 105–261, §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 subsecti… (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (e)
  • Pub. L. 105–261, §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 … (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (e)
  • Pub. L. 105–261, §933(c)(3), substituted "180 days" for "90 days". (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (e)
  • Pub. L. 105–261, §933(f)(1), redesignated subsec. (i) as (h). (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (h)
  • Pub. L. 105–261, §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 disp… (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (h)
  • Pub. L. 105–261, §933(f)(1), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (i)
  • Pub. L. 105–261, §933(f)(1), redesignated subsec. (j) as (i). (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (j)
  • Pub. L. 105–261, §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 foll… (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (j)

1994

  • Pub. L. 103–337, §531(g)(1), substituted "Protected communications" for "Communicating with a Member of Congress or Inspector General" in section catchline.
  • Pub. L. 103–337, §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 "An… · (b)
  • Pub. L. 103–337, §531(b)(3), substituted "Allegations of Prohibited Personnel Actions" for "Certain Allegations" in heading. · (c)
  • Pub. L. 103–337, §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… · (c)
  • Pub. L. 103–337, §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 … · (c)
  • Pub. L. 103–337, §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) … · (c)
  • Pub. L. 103–337, §531(d)(1), redesignated subsec. (c)(5) as subsec. (e)(1). · (c)
  • Pub. L. 103–337, §531(d)(4), redesignated subsec. (c)(6) and (7) as subsec. (e)(3) and (4), respectively. · (c), (7)
  • Pub. L. 103–337, §531(c)(2), added subsec. (d). Former subsec. (d) redesignated (f). · (d)
  • Pub. L. 103–337, §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). · (e)
  • Pub. L. 103–337, §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, t… · (e)
  • Pub. L. 103–337, §531(d)(3), added par. (2). · (e)
  • Pub. L. 103–337, §531(d)(4), (5), redesignated subsec. (c)(6) as subsec. (e)(3) and substituted "paragraph (1)" for "paragraph (5)". · (e)
  • Pub. L. 103–337, §531(d)(4), redesignated subsec. (c)(7) as subsec. (e)(4). · (e)
  • Pub. L. 103–337, §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). · (f)
  • Pub. L. 103–337, §531(c)(1), (f)(2), redesignated subsec. (e) as (g) and substituted "subsection (f)" for "subsection (d)". Former subsec. (g) redesignated (i). · (g)
  • Pub. L. 103–337, §531(c)(1), redesignated subsecs. (f) and (g) as (h) and (i), respectively. Former subsec. (h) redesignated (j). · (h), (i)
  • Pub. L. 103–337, §531(c)(1), (e), redesignated subsec. (h) as (j) and added par. (3). · (j)

1989

  • Pub. L. 101–225, §202(1), inserted "when the Coast Guard is not operating as a service in the Navy" after "Coast Guard". · (c)
  • Pub. L. 101–225, §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". · (c)
  • Pub. L. 101–225, §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". · (c)
  • Pub. L. 101–225, §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". · (e)

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 …

1984

  • Pub. L. 98–525 substituted "Member" for "member" in section catchline and text.

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.