§ 1034.
(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 (4).
(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 rape, sexual assault, or other sexual misconduct in violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice), 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.
(C)
A threat by another member of the armed forces or employee of the Federal Government that indicates a determination or intent to kill or cause serious bodily injury to members of the armed forces or civilians or damage to military, Federal, or civilian property.
(3)
A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—
(A)
the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);
(B)
the communication revealed information that had previously been disclosed;
(C)
of the member’s motive for making the communication;
(D)
the communication was not made in writing;
(E)
the communication was made while the member was off duty; and
(F)
the communication was made during the normal course of duties of the member.
(4)
(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)
If the Inspector General makes a preliminary determination in an investigation under subparagraph (D) that, more likely than not, a personnel action prohibited by subsection (b) has occurred and the personnel action will result in an immediate hardship to the member alleging the personnel action, the Inspector General shall promptly notify the Secretary of the military department concerned or the Secretary of Homeland Security, as applicable, of the hardship, and such Secretary shall take such action as such Secretary considers appropriate.
(F)
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).
(5)
Neither an initial determination under paragraph (4)(A) nor an investigation under paragraph (4)(D) is required in the case of an allegation made more than one year after the date on which the member becomes aware of the personnel action that is the subject of the allegation.
(6)
The Inspector General of the Department of Defense, or the Inspector General of the Department of Homeland Security (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 one or both of the following:
(A)
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.
(B)
At least one organization higher in the chain of command than the organization of the member submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.
([Aug. 10, 1956, ch. 1041], [70A Stat. 80]; [Pub. L. 98–525, title XIV, § 1405(19)(A)], (B)(i), Oct. 19, 1984, [98 Stat. 2622]; [Pub. L. 100–456, div. A, title VIII, § 846(a)(1)], Sept. 29, 1988, [102 Stat. 2027]; [Pub. L. 101–225, title II, § 202], Dec. 12, 1989, [103 Stat. 1910]; [Pub. L. 103–337, div. A, title V, § 531(a)]–(g)(1), Oct. 5, 1994, [108 Stat. 2756–2758]; [Pub. L. 105–261, div. A, title IX, § 933], Oct. 17, 1998, [112 Stat. 2107]; [Pub. L. 106–398, § 1 [[div. A]], title IX, § 903], Oct. 30, 2000, [114 Stat. 1654], 1654A–224; [Pub. L. 107–296, title XVII, § 1704(b)(1)], Nov. 25, 2002, [116 Stat. 2314]; [Pub. L. 108–375, div. A, title V, § 591(a)], Oct. 28, 2004, [118 Stat. 1933]; [Pub. L. 110–181, div. A, title X, § 1063(a)(8)], Jan. 28, 2008, [122 Stat. 322]; [Pub. L. 112–81, div. A, title V, § 523], Dec. 31, 2011, [125 Stat. 1401]; [Pub. L. 113–66, div. A, title XVII], §§ 1714, 1715, Dec. 26, 2013, [127 Stat. 964–966]; [Pub. L. 114–328, div. A, title V], §§ 531(a)–(d), 532(a), (b), Dec. 23, 2016, [130 Stat. 2118–2120]; [Pub. L. 115–91, div. A, title X, § 1081(c)(2)(C)], Dec. 12, 2017, [131 Stat. 1599]; [Pub. L. 116–92, div. A, title XVII, § 1731(a)(21)], Dec. 20, 2019, [133 Stat. 1813]; [Pub. L. 117–286, § 4(b)(27)], Dec. 27, 2022, [136 Stat. 4346].)