10 U.S.C. § 934 — Art. 134. General article

Page 836 TITLE 10—ARMED FORCES § 931g menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 931g. Art. 131g. Wrongful interference with ad- verse administrative proceeding Any person subject to this chapter who, hav- ing reason to believe that an adverse adminis- trative proceeding is pending against any person subject to this chapter, wrongfully acts with the intent— (1) to influence, impede, or obstruct the con- duct of the proceeding; or (2) otherwise to obstruct the due administra- tion of justice; shall be punished as a court-martial may direct. (Added Pub. L. 114–328, div. E, title LX, § 5449, Dec. 23, 2016, 130 Stat. 2957.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 932. Art. 132. Retaliation (a) IN GENERAL.—Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a crimi- nal offense or making or planning to make a protected communication— (1) wrongfully takes or threatens to take an adverse personnel action against any person; or (2) wrongfully withholds or threatens to withhold a favorable personnel action with re- spect to any person; shall be punished as a court-martial may direct. (b) DEFINITIONS.—In this section: (1) The term ‘‘protected communication’’ means the following: (A) A lawful communication to a Member of Congress or an Inspector General. (B) A communication to a covered indi- vidual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably be- lieves constitutes evidence of, any of the fol- lowing: (i) A violation of law or regulation, in- cluding a law or regulation prohibiting sexual harassment or unlawful discrimina- tion. (ii) Gross mismanagement, a gross waste of funds, an abuse of authority, or a sub- stantial and specific danger to public health or safety. (2) The term ‘‘Inspector General’’ has the meaning given that term in section 1034(j) of this title. (3) The term ‘‘covered individual or organi- zation’’ means any recipient of a communica- tion specified in clauses (i) through (v) of sec- tion 1034(b)(1)(B) of this title. (4) The term ‘‘unlawful discrimination’’ means discrimination on the basis of race, color, religion, sex, or national origin. (Added Pub. L. 114–328, div. E, title LX, § 5450, Dec. 23, 2016, 130 Stat. 2957; amended Pub. L. 115–91, div. A, title X, § 1081(c)(1)(Q), Dec. 12, 2017, 131 Stat. 1599.) Editorial Notes PRIOR PROVISIONS A prior section 932 was renumbered section 924 of this title. AMENDMENTS 2017—Subsec. (b)(2). Pub. L. 115–91 substituted ‘‘sec- tion 1034(j)’’ for ‘‘section 1034(h)’’. 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 Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 933. Art. 133. Conduct unbecoming an officer Any commissioned officer, cadet, or mid- shipman who is convicted of conduct unbecom- ing an officer shall be punished as a court-mar- tial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 117–81, div. A, title V, § 542(a), Dec. 27, 2021, 135 Stat. 1709.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 933 .......... 50:727. May 5, 1950, ch. 169, § 1 (Art. 133), 64 Stat. 142. The word ‘‘commissioned’’ is inserted for clarity. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81 struck out ‘‘and a gentleman’’ after ‘‘an officer’’ in section catchline and text. § 934. Art. 134. General article Though not specifically mentioned in this chapter, all disorders and neglects to the preju- dice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cog- nizance of by a general, special, or summary court-martial, according to the nature and de- gree of the offense, and shall be punished at the discretion of that court. As used in the pre- ceding sentence, the term ‘‘crimes and offenses not capital’’ includes any conduct engaged in Page 837 TITLE 10—ARMED FORCES § 935 outside the United States, as defined in section 5 of title 18, that would constitute a crime or of- fense not capital if the conduct had been en- gaged in within the special maritime and terri- torial jurisdiction of the United States, as de- fined in section 7 of title 18. (Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 114–328, div. E, title LX, § 5451, Dec. 23, 2016, 130 Stat. 2958.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 934 .......... 50:728. May 5, 1950, ch. 169, § 1 (Art. 134), 64 Stat. 142. The words ‘‘shall be’’ are inserted before the word ‘‘punished’’. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 inserted at end ‘‘As used in the preceding sentence, the term ‘crimes and offenses not capital’ includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special mari- time and territorial jurisdiction of the United States, as defined in section 7 of title 18.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. INCLUSION OF SEXUAL HARASSMENT AS GENERAL PUNITIVE ARTICLE Pub. L. 117–81, div. A, title V, § 539D, Dec. 27, 2021, 135 Stat. 1699, provided that: ‘‘(a) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act [Dec. 27, 2021], the President shall— ‘‘(1) prescribe regulations establishing sexual har- assment, as described in this section, as an offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Jus- tice); and ‘‘(2) revise the Manual for Courts-Martial to include such offense. ‘‘(b) ELEMENTS OF OFFENSE.—The regulations and the revisions to the Manual for Courts-Martial required under subsection (a) shall provide that the required ele- ments constituting the offense of sexual harassment are— ‘‘(1) that the accused knowingly made sexual ad- vances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual na- ture; ‘‘(2) that such conduct was unwelcome; ‘‘(3) that, under the circumstances, such conduct— ‘‘(A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements; ‘‘(B) would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or ‘‘(C) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or of- fensive working environment; and ‘‘(4) that, under the circumstances, the conduct of the accused was— ‘‘(A) to the prejudice of good order and discipline in the armed forces; ‘‘(B) of a nature to bring discredit upon the armed forces; or ‘‘(C) to the prejudice of good order and discipline in the armed forces and of a nature to bring dis- credit upon the armed forces.’’ SUBCHAPTER XI—MISCELLANEOUS PROVISIONS Sec. Art. 935. 135. Courts of inquiry. 936. 136. Authority to administer oaths. 937. 137. Articles to be explained. 938. 138. Complaints of wrongs. 939. 139. Redress of injuries to property. 940. 140. Delegation by the President. 940a. 140a. Case management; data collection and accessibility. Editorial Notes AMENDMENTS 2017—Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, made technical amendment to Pub. L. 114–328, § 5541(7). See 2016 Amendment note below. 2016—Pub. L. 114–328, div. E, title LXIII, § 5541(7), Dec. 23, 2016, 130 Stat. 2967, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, added item 940a and substituted ‘‘Authority to ad- minister oaths’’ for ‘‘Authority to administer oaths and to act as notary’’ in item 936. § 935. Art. 135. Courts of inquiry (a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons in- volved have requested such an inquiry. (b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint coun- sel for the court. (c)(1) Any person subject to this chapter whose conduct is subject to inquiry shall be designated as a party. (2) Any person who is (A) subject to this chap- ter, (B) employed by the Department of Defense, or (C) with respect to the Coast Guard, em- ployed by the department in which the Coast Guard is operating when it is not operating as a service in the Navy, and who has a direct inter- est in the subject of inquiry has the right to be designated as a party upon request to the court. (3) Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. (d) Members of a court of inquiry may be chal- lenged by a party, but only for cause stated to the court. (e) The members, counsel, the reporter, and in- terpreters of courts of inquiry shall take an oath to faithfully perform their duties. (f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.