10 U.S.C. § 1034 — Protected communications; prohibition of

Page 916 TITLE 10—ARMED FORCES § 1034 not operating as a service in the Navy, shall des- ignate those entities for which authorization under subsection (a) may be provided. The list of entities so designated may not be revised more frequently than semiannually. In making such designations, the Secretary shall designate each military welfare society and may designate any other entity described in paragraph (3). No other entities may be designated. (2) In this section, the term ‘‘military welfare society’’ means the following: (A) Army Emergency Relief. (B) Air Force Aid Society, Inc. (C) Navy-Marine Corps Relief Society. (D) Coast Guard Mutual Assistance. (3) An entity described in this paragraph is an entity that is not operated for profit and is any of the following: (A) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences). (B) An entity that regulates international athletic competitions. (C) An entity that accredits service acad- emies and other schools of the armed forces (including regional accrediting agencies). (D) An entity that (i) regulates the perform- ance, standards, and policies of military health care (including health care associations and professional societies), and (ii) has des- ignated the position or capacity in that entity in which a member of the armed forces may serve if authorized under subsection (a). (E) An entity that, operating in a foreign na- tion where United States military personnel are serving at United States military activi- ties, promotes understanding and tolerance between such personnel (and their families) and the citizens of that host foreign nation through programs that foster social relations between those persons. (c) PUBLICATION OF DESIGNATED ENTITIES AND OF AUTHORIZED PERSONS.—A designation of an entity under subsection (b), and an authoriza- tion under subsection (a) of a member of the armed forces to participate in the management of such an entity, shall be published in the Fed- eral Register. (d) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall prescribe regula- tions to carry out this section. (Added Pub. L. 105–85, div. A, title V, § 593(a)(1), Nov. 18, 1997, 111 Stat. 1762; amended Pub. L. 106–65, div. A, title V, § 583, Oct. 5, 1999, 113 Stat. 634; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes PRIOR PROVISIONS A prior section 1033, act Aug. 10, 1956, ch. 1041, 70A Stat. 80, related to Reserves continuing to accept com- pensation while on active duty that they were receiv- ing prior to being ordered to active duty, prior to re- peal by Pub. L. 103–337, div. A, title XVI, §§ 1662(g)(2), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, eff. Dec. 1, 1994. AMENDMENTS 2002—Subsecs. (b)(1), (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1999—Subsec. (b)(3)(E). Pub. L. 106–65 added subpar. (E). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 1034. Protected communications; prohibition of retaliatory personnel actions (a) RESTRICTING COMMUNICATIONS WITH MEM- BERS OF CONGRESS AND INSPECTOR GENERAL PRO- HIBITED.—(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 commu- nication 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 or being perceived as making or preparing— (A) a communication to a Member of Con- gress or an Inspector General that (under sub- section (a)) may not be restricted; (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 sub- section (j)) or any other Inspector General appointed under chapter 4 of title 5; (iii) a member of a Department of Defense audit, inspection, investigation, or law en- forcement organization; (iv) any person or organization in the chain of command; (v) a court-martial proceeding; or (vi) any other person or organization des- ignated pursuant to regulations or other es- tablished administrative procedures for such communications; or (C) testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subpara- graph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section. (2)(A) The actions considered for purposes of this section to be a personnel action prohibited by this subsection shall include any action pro- hibited by paragraph (1), including any of the following: (i) The threat to take any unfavorable ac- tion. (ii) The withholding, or threat to withhold, any favorable action. (iii) The making of, or threat to make, a sig- nificant change in the duties or responsibil- ities of a member of the armed forces not com- mensurate with the member’s grade. (iv) The failure of a superior to respond to any retaliatory action or harassment (of which the superior had actual knowledge) taken by one or more subordinates against a member. Page 917 TITLE 10—ARMED FORCES § 1034 (v) The conducting of a retaliatory inves- tigation of a member. (B) In this paragraph, the term ‘‘retaliatory investigation’’ means an investigation re- quested, directed, initiated, or conducted for the primary purpose of punishing, harassing, or os- tracizing a member of the armed forces for mak- ing a protected communication. (C) Nothing in this paragraph shall be con- strued to limit the ability of a commander to consult with a superior in the chain of com- mand, an inspector general, or a judge advocate general on the disposition of a complaint against a member of the armed forces for an al- legation of collateral misconduct or for a matter unrelated to a protected communication. Such consultation shall provide an affirmative de- fense against an allegation that a member re- quested, directed, initiated, or conducted a re- taliatory investigation under this section. (c) INSPECTOR GENERAL INVESTIGATION OF AL- LEGATIONS OF PROHIBITED PERSONNEL ACTIONS.— (1) If a member of the armed forces submits to an Inspector General an allegation that a per- sonnel 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 para- graph is a communication in which a member of the armed forces complains of, or discloses in- formation that the member reasonably believes constitutes evidence of, any of the following: (A) A violation of law or regulation, includ- ing a law or regulation prohibiting rape, sex- ual assault, or other sexual misconduct in vio- lation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uni- form Code of Military Justice), sexual harass- ment, 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 Gov- ernment that indicates a determination or in- tent to kill or cause serious bodily injury to members of the armed forces or civilians or damage to military, Federal, or civilian prop- erty. (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 per- son 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 alle- gation as described in paragraph (1) shall expedi- tiously determine, in accordance with regula- tions prescribed under subsection (h), whether there is sufficient evidence to warrant an inves- tigation of the allegation. (B) If the Inspector General receiving such an allegation is an Inspector General within a mili- tary department, that Inspector General shall promptly notify the Inspector General of the De- partment of Defense of the allegation. Such no- tification shall be made in accordance with reg- ulations prescribed under subsection (h). (C) If an allegation under paragraph (1) is sub- mitted to an Inspector General within a mili- tary department and if the determination of that Inspector General under subparagraph (A) is that there is not sufficient evidence to war- rant an investigation of the allegation, that In- spector 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 Inspec- tor 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 prelimi- nary 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 re- sult in an immediate hardship to the member al- leging the personnel action, the Inspector Gen- eral 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 ac- tion as such Secretary considers appropriate. (F) In the case of an investigation under sub- paragraph (D) within the Department of De- fense, the results of the investigation shall be determined by, or approved by, the Inspector General of the Department of Defense (regard- less of whether the investigation itself is con- ducted by the Inspector General of the Depart- ment 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 al- legation made more than one year after the date on which the member becomes aware of the per- sonnel action that is the subject of the allega- tion. (6) The Inspector General of the Department of Defense, or the Inspector General of the Depart- ment 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 con- ducting the investigation of an allegation under this subsection is one or both of the following: (A) Outside the immediate chain of com- mand of both the member submitting the alle- gation and the individual or individuals al- leged to have taken the retaliatory action. (B) At least one organization higher in the chain of command than the organization of Page 918 TITLE 10—ARMED FORCES § 1034 1 See References in Text note below. the member submitting the allegation and the individual or individuals alleged to have taken the retaliatory action. (d) INSPECTOR GENERAL INVESTIGATION OF UN- DERLYING ALLEGATIONS.—Upon receiving an alle- gation under subsection (c), the Inspector Gen- eral receiving the allegation shall conduct a sep- arate investigation of the information that the member making the allegation believes con- stitutes evidence of wrongdoing (as described in subparagraph (A), (B), or (C) of subsection (c)(2)) if there previously has not been such an inves- tigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate. In the case of an allega- tion received by the Inspector General of the De- partment 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 sub- section (c)(4)(F), the Inspector General con- ducting the investigation shall submit a report on the results of the investigation to the Sec- retary of Defense and the Secretary of the mili- tary department concerned (or to the Secretary of Homeland Security in the case of a member of the Coast Guard when the Coast Guard is not op- erating as a service in the Navy) and shall trans- mit a copy of the report on the results of the in- vestigation to the member of the armed forces who made the allegation investigated. The re- port shall be transmitted to such Secretaries, 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 In- spector General within a military department, after approval of the report of that investigation under subsection (c)(4)(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 re- quired to be disclosed under section 552 of title 5. However, the copy need not include sum- maries of interviews conducted, nor any docu- ment acquired, during the course of the inves- tigation. 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, regard- less of whether the request for those items is made before or after the copy of the report is transmitted to the member. (3)(A) Not later than 180 days after the com- mencement of an investigation of an allegation under subsection (c)(4), and every 180 days there- after until the transmission of the report on the investigation under paragraph (1) to the member concerned, the Inspector General conducting the investigation shall submit a notice on the inves- tigation described in subparagraph (B) to the following: (i) The member. (ii) The Secretary of Defense. (iii) The Secretary of the military depart- ment concerned, or the Secretary 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. (B) Each notice on an investigation under sub- paragraph (A) shall include the following: (i) A description of the current progress of the investigation. (ii) An estimate of the time remaining until the completion of the investigation and the transmittal of the report required by para- graph (1) to the member concerned. (4) The report on the results of the investiga- tion shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall in- clude documents acquired during the course of the investigation, including summaries of inter- views conducted. The report may include a rec- ommendation as to the disposition of the com- plaint. (f) ACTION IN CASE OF SUBSTANTIATED VIOLA- TIONS.—(1) Not later than 30 days after receiving a report from the Inspector General under sub- section (e), the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall determine wheth- er 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 cor- rective or disciplinary action. (2) If the Inspector General determines that a personnel action prohibited by subsection (b) has occurred, the Secretary concerned shall— (A) order such action as is necessary to cor- rect the record of a personnel action prohib- ited by subsection (b), including referring the report to the appropriate board for the correc- tion of military records; and (B) submit to the Inspector General a report on the actions taken by the Secretary pursu- ant to this paragraph, and provide for the in- clusion of a summary of the report under this subparagraph (with any personally identifiable information redacted) in the semiannual re- port to Congress of the Inspector General of the Department of Defense or the Inspector General of the Department of Homeland Secu- rity, as applicable, under section 5 of the In- spector General Act of 1978 (5 U.S.C. App.).1 (3) If the Secretary concerned determines under paragraph (1) that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determina- tion, such Secretary shall— (A) provide to the Secretary of Defense and the member or former member a notice of the determination and the reasons for not taking action; and (B) when appropriate, refer the report to the appropriate board for the correction of mili- tary records for further review under sub- section (g). (g) 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 Page 919 TITLE 10—ARMED FORCES § 1034 correction of records made by a member or former member of the armed forces who has al- leged a personnel action prohibited by sub- section (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) for which there is a report of the Inspector General under subsection (e)(1), a cor- rection board— (A) shall review the report of the Inspector General; (B) may request the Inspector General to gather further evidence; (C) may receive oral argument, examine and cross-examine witnesses, and take depositions; and (D) shall consider a request by a member or former member in determining whether to hold an evidentiary hearing. (3) If the board holds an administrative hear- ing, 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 member or former mem- ber would benefit from judge advocate as- sistance to ensure proper presentation of the legal issues in the case; and (iii) the member is not represented by out- side counsel chosen by the member; and (B) may examine witnesses through deposi- tion, serve interrogatories, and request the production of evidence, including evidence contained in the investigatory record of the Inspector General but not included in the re- port 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 appli- cation is filed. If the Secretary fails to issue such a final decision within that time, the mem- ber or former member shall be deemed to have exhausted the member’s or former member’s ad- ministrative remedies under section 1552 of this title. (5) The Secretary concerned shall order such action, consistent with the limitations con- tained 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 con- cerned that the Secretary take appropriate dis- ciplinary action against the individual who com- mitted such personnel action. (h) 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 mem- ber 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 dis- position of the matter, may submit the matter to the Secretary of Defense. The Secretary shall make a decision to reverse or uphold the deci- sion of the Secretary of the military department concerned in the matter within 90 days after re- ceipt of such a submittal. (i) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not oper- ating as a service in the Navy, shall prescribe regulations to carry out this section. (j) 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 Depart- ment of Defense. (B) The Inspector General of the Depart- ment 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. (C) Any officer of the armed forces or em- ployee 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, § 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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1034 ......... 50 App.:454(a) (last par.) June 24, 1948, ch. 625, § 4(a) (last par.); re- stated June 19, 1951, ch. 144, § 1(d) (last par.), 65 Stat. 78. The words ‘‘prevented’’, ‘‘directly or indirectly’’, ‘‘concerning any subject’’, ‘‘or Members’’, and ‘‘and safety’’ are omitted as surplusage. The word ‘‘unlaw- ful’’ is substituted for the words ‘‘in violation of law’’. Page 920 TITLE 10—ARMED FORCES § 1034 Editorial Notes REFERENCES IN TEXT Section 5 of the Inspector General Act of 1978, re- ferred to in subsec. (f)(2)(B), is section 5 of Pub. L. 95–452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was re- pealed and restated as section 405 of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4212, 4361. AMENDMENTS 2022—Subsec. (b)(1)(B)(ii). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5;’’ for ‘‘the Inspector General Act of 1978;’’. 2019—Subsec. (b)(1)(B)(ii). Pub. L. 116–92 substituted ‘‘subsection (j)’’ for ‘‘subsection (i)’’. 2017—Subsec. (c)(2)(A). 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 Jus- tice)’’ for ‘‘sections 920 through 920c of this title (arti- cles 120 through 120c of the Uniform Code of Military Justice)’’. 2016—Subsec. (b)(2). Pub. L. 114–328, § 531(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Any action prohibited by paragraph (1) (in- cluding the threat to take any unfavorable action, the withholding or threat to withhold any favorable action, 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) shall be considered for the purposes of this sec- tion to be a personnel action prohibited by this sub- section.’’ Subsec. (c)(4)(E), (F). Pub. L. 114–328, § 531(b)(1), added subpar. (E) and redesignated former subpar. (E) as (F). Subsec. (e)(1). Pub. L. 114–328, § 531(b)(2), substituted ‘‘subsection (c)(4)(F)’’ for ‘‘subsection (c)(4)(E)’’. Subsec. (e)(3). Pub. L. 114–328, § 531(c), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘If, in the course of an investigation of an allega- tion under this section, the Inspector General deter- mines that it is not possible to submit the report re- quired by paragraph (1) within 180 days after the date of receipt of the allegation being investigated, the In- spector General shall provide to the Secretary of De- fense and the Secretary of the military department concerned (or to the Secretary 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) 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 sub- mitted.’’ Subsec. (f). Pub. L. 114–328, § 532(a)(1), substituted ‘‘Substantiated Violations’’ for ‘‘Violations’’ in head- ing. Subsec. (f)(1). 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 sufficient basis to conclude whether a per- sonnel action prohibited by subsection (b) has oc- curred.’’ Subsec. (f)(2). 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. Subsec. (f)(2)(A). Pub. L. 114–328, § 532(b)(2), inserted before semicolon ‘‘, including referring the report to the appropriate board for the correction of military records’’. Subsec. (f)(2)(B). Pub. L. 114–328, § 532(b)(3), added sub- par. (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.’’ Subsec. (g)(2). Pub. L. 114–328, § 531(d), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘In resolving an application described in para- graph (1), a correction board— ‘‘(A) shall review the report of the Inspector Gen- eral 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 appro- priate, conduct an evidentiary hearing.’’ 2013—Subsec. (b)(1). Pub. L. 113–66, § 1714(a)(1)(A), sub- stituted ‘‘preparing or being perceived as making or preparing—’’ for ‘‘preparing—’’ in introductory provi- sions. Subsec. (b)(1)(B)(v), (vi). Pub. L. 113–66, § 1714(a)(1)(C), added cl. (v) and redesignated former cl. (v) as (vi). Subsec. (b)(1)(C). Pub. L. 113–66, § 1714(a)(1)(B), (C)(ii), (D), added subpar. (C). Subsec. (b)(2). Pub. L. 113–66, § 1714(a)(2), substituted a comma for ‘‘and’’ after ‘‘unfavorable action’’ and in- serted ‘‘, or making or threatening to make a signifi- cant change in the duties or responsibilities of a mem- ber of the armed forces not commensurate with the member’s grade’’ after ‘‘favorable action’’. Subsec. (c)(1). Pub. L. 113–66, § 1714(b)(1), substituted ‘‘paragraph (4)’’ for ‘‘paragraph (3)’’. Subsec. (c)(2)(A). Pub. L. 113–66, § 1715, substituted ‘‘rape, sexual assault, or other sexual misconduct in violation of sections 920 through 920c of this title (arti- cles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or’’ for ‘‘sexual harass- ment or’’. Subsec. (c)(3) to (6). 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), substituted ‘‘one or both of the following:’’ and subpars. (A) and (B) for ‘‘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. (d). Pub. L. 113–66, § 1714(c), substituted ‘‘sub- paragraph (A), (B), or (C) of subsection (c)(2)’’ for ‘‘sub- paragraph (A) or (B) of subsection (c)(2)’’. Subsec. (e)(1). 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’’. Subsec. (e)(3). Pub. L. 113–66, § 1714(d)(2), inserted ‘‘and the Secretary of the military department con- cerned’’ after ‘‘the Secretary of Defense’’ in introduc- tory provisions. Subsec. (f). Pub. L. 113–66, § 1714(e)(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 113–66, § 1714(e)(1), (f), redesig- nated subsec. (f) as (g), and in par. (3), substituted ‘‘board holds’’ for ‘‘board elects to hold’’ in introduc- tory provisions and ‘‘the member or former member would benefit from’’ for ‘‘the case is unusually complex or otherwise requires’’ in subpar. (A)(ii). Former sub- sec. (g) redesignated (h). Subsecs. (h) to (j). Pub. L. 113–66, § 1714(e)(1), redesig- nated subsecs. (g) to (i) as (h) to (j), respectively. 2011—Subsec. (c)(2)(C). Pub. L. 112–81 added subpar. (C). 2008—Subsec. (b)(2). Pub. L. 110–181 inserted ‘‘unfavor- able’’ before ‘‘action and the withholding’’. 2004—Subsec. (b)(1)(B)(iv), (v). Pub. L. 108–375 added cls. (iv) and (v) and struck out former cl. (iv) which read as follows: ‘‘any other person or organization (in- cluding any person or organization in the chain of com- mand) designated pursuant to regulations or other es- tablished administrative procedures for such commu- nications.’’ 2002—Subsecs. (c)(5), (e)(1), (3), (h), (i)(2)(B). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Page 921 TITLE 10—ARMED FORCES § 1034 2000—Subsec. (c)(3)(A). Pub. L. 106–398, § 1 [[div. A], title IX, § 903(a)], inserted ‘‘, in accordance with regula- tions prescribed under subsection (h),’’ after ‘‘shall ex- peditiously determine’’. Subsec. (i)(2). Pub. L. 106–398, § 1 [[div. A], title IX, § 903(b)(1)], inserted ‘‘any of’’ after ‘‘means’’ in intro- ductory provisions. Subsec. (i)(2)(C) to (G). 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: ‘‘(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 de- tailed 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, § 933(f)(2), substituted ‘‘subsection (i)) or any other Inspector Gen- eral appointed under the Inspector General Act of 1978’’ for ‘‘subsection (j))’’. Subsec. (c)(1). 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 In- spector General of the Department of Defense (or the Inspector General of the Department of Transpor- tation, 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 prohib- ited 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 dele- gates 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 inves- tigation is outside the immediate chain of command of both the member submitting the allegation and the in- dividual or individuals alleged to have taken the retal- iatory action.’’ Subsec. (c)(2)(B). Pub. L. 105–261, § 933(b), substituted ‘‘Gross mismanagement’’ for ‘‘Mismanagement’’. Subsec. (c)(3) to (5). 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 re- quired 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, § 933(a)(2), inserted ‘‘re- ceiving the allegation’’ after ‘‘, the Inspector General’’ and ‘‘In the case of an allegation received by the In- spector General of the Department of Defense, the In- spector General may delegate that responsibility to the Inspector General of the armed force concerned.’’ at end. Subsec. (e)(1). 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 sub- section (c) by an Inspector General within a military department, after approval of the report of that inves- tigation under subsection (c)(3)(E), the Inspector Gen- eral 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 in- vestigation 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 trans- mitted to the member, not later than 30 days after the completion of the investigation or, in the case of an in- vestigation under subsection (c) by an Inspector Gen- eral 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, § 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, dur- ing 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 trans- mittal to the member of the copy of the report, regard- less of whether the request for those items is made be- fore or after the copy of the report is transmitted to the member.’’ Subsec. (e)(3). Pub. L. 105–261, § 933(c)(3), substituted ‘‘180 days’’ for ‘‘90 days’’. Subsec. (h). Pub. L. 105–261, § 933(f)(1), redesignated subsec. (i) as (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 disposition of the matter.’’ Subsec. (i). Pub. L. 105–261, § 933(f)(1), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). Subsec. (j). Pub. L. 105–261, § 933(f)(1), redesignated subsec. (j) as (i). Subsec. (j)(2). 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 follows: ‘‘an Inspector Gen- eral appointed under the Inspector General Act of 1978; and’’. 1994—Pub. L. 103–337, § 531(g)(1), substituted ‘‘Pro- tected communications’’ for ‘‘Communicating with a Member of Congress or Inspector General’’ in section catchline. Subsec. (b). Pub. L. 103–337, § 531(a), inserted ‘‘(1)’’ be- fore ‘‘No person may take’’, substituted ‘‘or preparing— ’’ for ‘‘or preparing a communication to a Member of Congress or an Inspector General that (under sub- section (a)) may not be restricted.’’, added subpars. (A) and (B), inserted ‘‘(2)’’ before ‘‘Any action prohibited’’, and substituted ‘‘paragraph (1)’’ for ‘‘the preceding sen- tence’’. Subsec. (c). Pub. L. 103–337, § 531(b)(3), substituted ‘‘Allegations of Prohibited Personnel Actions’’ for ‘‘Certain Allegations’’ in heading. Subsec. (c)(1). 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 In- spector General delegates the conduct of the investiga- tion of the allegation to the inspector general of one of the armed forces, the Inspector General of the Depart- ment 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, § 531(b)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘A communication described in this paragraph is a com- munication to a Member of Congress or an Inspector General that (under subsection (a)) may not be re- stricted 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 dan- ger to public health or safety.’’ Subsec. (c)(4). 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 Page 922 TITLE 10—ARMED FORCES § 1034 that the member believes evidences wrongdoing as de- scribed in subparagraph (A) or (B) of paragraph (2). The Inspector General is not required to make such an in- vestigation if the information that the member be- lieves evidences wrongdoing relates to actions which took place during combat.’’ Subsec. (c)(5). Pub. L. 103–337, § 531(d)(1), redesignated subsec. (c)(5) as subsec. (e)(1). Subsec. (c)(6), (7). Pub. L. 103–337, § 531(d)(4), redesig- nated subsec. (c)(6) and (7) as subsec. (e)(3) and (4), re- spectively. Subsec. (d). Pub. L. 103–337, § 531(c)(2), added subsec. (d). Former subsec. (d) redesignated (f). Subsec. (e). 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). Subsec. (e)(1). 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 con- cerned’’ and struck out at end ‘‘In the copy of the re- port 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, § 531(d)(3), added par. (2). Subsec. (e)(3). Pub. L. 103–337, § 531(d)(4), (5), redesig- nated subsec. (c)(6) as subsec. (e)(3) and substituted ‘‘paragraph (1)’’ for ‘‘paragraph (5)’’. Subsec. (e)(4). Pub. L. 103–337, § 531(d)(4), redesignated subsec. (c)(7) as subsec. (e)(4). Subsec. (f). Pub. L. 103–337, § 531(c)(1), (f)(1), redesig- nated 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, § 531(c)(1), (f)(2), redesig- nated subsec. (e) as (g) and substituted ‘‘subsection (f)’’ for ‘‘subsection (d)’’. Former subsec. (g) redesignated (i). Subsecs. (h), (i). Pub. L. 103–337, § 531(c)(1), redesig- nated subsecs. (f) and (g) as (h) and (i), respectively. Former subsec. (h) redesignated (j). Subsec. (j). Pub. L. 103–337, § 531(c)(1), (e), redesig- nated subsec. (h) as (j) and added par. (3). 1989—Subsec. (c)(1). Pub. L. 101–225, § 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, § 202(2), inserted ‘‘(or to the Secretary of Transportation in the case of a mem- ber of the Coast Guard when the Coast Guard is not op- erating as a service in the Navy)’’ after ‘‘Secretary of Defense’’. Subsec. (c)(6). Pub. L. 101–225, § 202(3), inserted ‘‘(or to the Secretary of Transportation in the case of a mem- ber of the Coast Guard when the Coast Guard is not op- erating as a service in the Navy)’’ after ‘‘Secretary of Defense’’. Subsec. (e). 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’’. 1988—Pub. L. 100–456 substituted ‘‘Communicating with a Member of Congress or Inspector General; prohi- bition of retaliatory personnel actions’’ for ‘‘Commu- nicating with a Member of Congress’’ in section catch- line, and amended text generally. Prior to amendment, text read as follows: ‘‘No person may restrict any mem- ber 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 ‘‘mem- ber’’ in section catchline and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under sec- tion 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title V, § 532(c), Dec. 23, 2016, 130 Stat. 2121, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 23, 2016], and shall apply with respect to reports received by the Secretaries of the military departments and the Sec- retary of Homeland Security under section 1034(e) of title 10, United States Code, on or after that date.’’ EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title V, § 591(b), Oct. 28, 2004, 118 Stat. 1933, provided that: ‘‘The amendments made by this section [amending this section] apply with re- spect to any unfavorable personnel action taken or threatened, and any withholding of or threat to with- hold a favorable personnel action, on or after the date of the enactment of this Act [Oct. 28, 2004].’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title VIII, § 846(d), Sept. 29, 1988, 102 Stat. 2030, provided that: ‘‘The amendment to section 1034 of title 10, United States Code, made by subsection (a)(1), shall apply with respect to any per- sonnel 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 Pub. L. 103–337, div. A, title V, § 531(h), (i), Oct. 5, 1994, 108 Stat. 2758, provided that: ‘‘(h) DEADLINE FOR REGULATIONS.—The Secretary of Defense and the Secretary of Transportation shall pre- scribe 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 regula- tions 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.’’ Pub. L. 100–456, div. A, title VIII, § 846(b), Sept. 29, 1988, 102 Stat. 2030, provided that: ‘‘The Secretary of Defense and the Secretary of Transportation shall pre- scribe the regulations required by subsection (g) [now (i)] 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].’’ UNIFORM STANDARDS FOR INSPECTOR GENERAL INVES- TIGATIONS OF PROHIBITED PERSONNEL ACTIONS AND OTHER MATTERS Pub. L. 114–328, div. A, title V, § 531(e), Dec. 23, 2016, 130 Stat. 2120, provided that: ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2016], the In- spector General of the Department of Defense shall pre- scribe uniform standards for the following: ‘‘(A) The investigation of allegations of prohibited personnel actions under section 1034 of title 10, United States Code (as amended by this section), by the Inspector General and the Inspectors General of the military departments. Page 923 TITLE 10—ARMED FORCES § 1035 ‘‘(B) The training of the staffs of the Inspectors General referred to in subparagraph (A) on the con- duct of investigations described in that subpara- graph. ‘‘(2) USE.—Commencing 180 days after prescription of the standards required by paragraph (1), the Inspectors General referred to in that paragraph shall comply with such standards in the conduct of investigations described in that paragraph and in the training of the staffs of such Inspectors General in the conduct of such investigations.’’ NOTICE TO CONGRESS OF CERTAIN DEPARTMENT OF DEFENSE NONDISCLOSURE AGREEMENTS Pub. L. 112–239, div. A, title X, § 1054, Jan. 2, 2013, 126 Stat. 1937, provided that: ‘‘(a) NOTICE REQUIRED.—The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] notice of any request or requirement for members of the Armed Forces or civilian employees of the Department of De- fense to enter into nondisclosure agreements that could restrict the ability of such members or employees to communicate with Congress. Each such notice shall in- clude the following: ‘‘(1) The basis in law for the agreement. ‘‘(2) An explanation for the restriction of the abil- ity to communicate with Congress. ‘‘(3) A description of the category of individuals re- quested or required to enter into the agreement. ‘‘(4) A copy of the language contained in the agree- ment. ‘‘(b) TIMING OF NOTIFICATION.— ‘‘(1) REQUESTS OR REQUIREMENTS BEFORE DATE OF EN- ACTMENT.—In the case of nondisclosure agreements described in subsection (a) that members or employ- ees were first requested or required to enter into on or before the date of the enactment of this Act [Jan. 2, 2013], the notice required by subsection (a) shall be submitted not later than 60 days after the date of en- actment. ‘‘(2) REQUESTS OR REQUIREMENTS AFTER DATE OF EN- ACTMENT.—In the case of nondisclosure agreements described in subsection (a) that members or employ- ees were first requested or required to enter into after the date of the enactment of this Act, the no- tice required by subsection (a) shall be submitted not later than 30 days after the date on which the Sec- retary first requests or requires that the members or employees enter into the agreements.’’ WHISTLEBLOWER PROTECTIONS FOR MEMBERS OF ARMED FORCES Pub. L. 102–190, div. A, title VIII, § 843, Dec. 5, 1991, 105 Stat. 1449, provided that: ‘‘(a) REGULATIONS REQUIRED.—The Secretary of De- fense 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 ac- tion, as a reprisal against any member of the Armed Forces for making or preparing a lawful communica- tion 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 re- sponsibility audit, inspection, investigation, or en- forcement 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 sec- tion 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 Pub. L. 100–456, div. A, title VIII, § 846(c), Sept. 29, 1988, 102 Stat. 2030, directed Inspector General of De- partment of Defense (and Inspector General of Depart- ment 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 de- scription of (A) nature of allegation described in sub- sec. (c) of this section; (B) evaluation and recommenda- tion of Inspector General with respect to allegation; (C) any action of appropriate board for correction of mili- tary records with respect to allegation; (D) if allega- tion was determined to be meritorious, any corrective action taken; and (E) views of member or former mem- ber of armed forces making allegation (determined on basis of interview under subsec. (f) of this section) on disposition of case. § 1035. Deposits of savings (a) Under joint regulations prescribed by the Secretaries concerned, a member of the armed forces who is on a permanent duty assignment outside the United States or its possessions may deposit during that tour of duty not more than his unallotted current pay and allowances in amounts of $5 or more, with any branch, office, or officer of a uniformed service. Amounts so de- posited shall be deposited in the Treasury and kept as a separate fund, and shall be accounted for in the same manner as public funds. (b) Interest at a rate prescribed by the Presi- dent, not to exceed 10 percent a year, will accrue on amounts deposited under this section. How- ever, the maximum amount upon which interest may be paid under this subsection to any mem- ber is $10,000, except that such limitation shall not apply to deposits made on or after Sep- tember 1, 1966, in the case of those members in a missing status during the Vietnam conflict, the Persian Gulf conflict, or a contingency oper- ation. Interest under this subsection shall ter- minate 90 days after the member’s return to the United States or its possessions. (c) Except as provided in joint regulations pre- scribed by the Secretaries concerned, payments of deposits, and interest thereon, may not be made to the member while he is on duty outside the United States or its possessions. (d) An amount deposited under this section, with interest thereon, is exempt from liability for the member’s debts, including any indebted- ness to the United States or any instrumen- tality thereof, and is not subject to forfeiture by sentence of a court-martial. (e) The Secretary concerned, or his designee, may in the interest of a member who is in a missing status or his dependents, initiate, stop, modify, and change allotments, and authorize a withdrawal of deposits, made under this section, even though the member had an opportunity to deposit amounts under this section and elected not to do so. Interest may be computed from the day the member entered a missing status, or September 1, 1966, whichever is later. (f) The Secretary of Defense may authorize a member of the armed forces who is on a tem- porary duty assignment outside of the United States or its possessions in support of a contin- gency operation to make deposits of unallotted current pay and allowances during that duty as provided in subsection (a). The Secretary shall prescribe regulations establishing standards and procedures for the administration of this sub- section.