(1) An individual subject to this code must be punished as a court-martial directs if, with the intent to retaliate against another individual for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage another individual from reporting a criminal offense or making or planning to make a protected communication, the individual subject to this code does either of the following:

    (a) Wrongfully takes or threatens to take an adverse personnel action against another individual.

    (b) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to another individual.

    (2) As used in this section:

    (a) "Covered individual or organization" means a recipient of a communication specified in 10 USC 1034(b)(1)(B)(i) to (v).

    (b) "Inspector general" means that term as defined in 10 USC 1034(j).

    (c) "Protected communication" means either of the following:

    (i) A lawful communication to a member of Congress or an inspector general.

    (ii) A communication to a covered individual or organization in which a member of the military complains of or discloses information that the member reasonably believes constitutes evidence of either 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.