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Military Whistleblower Protection Act of 2013

Military Whistleblower Protection Act of 2013

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Published by MarkWarner

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Published by: MarkWarner on May 24, 2013
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05/24/2013

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 ARM13975 S.L.C.
113
TH
CONGRESS1
ST
S
ESSION
 
S.
 ll 
To amend title 10, United States Code, to expand and enhance authoritieson protected communications of members of the Armed Forces, andfor other purposes.
IN THE SENATE OF THE UNITED STATES
 llllllllll 
Mr. W 
 ARNER
(for himself and Mr. K 
 AINE
) introduced the following bill; which was read twice and referred to the Committee on
 llllllllll 
A BILL
To amend title 10, United States Code, to expand and en-hance authorities on protected communications of mem- bers of the Armed Forces, and for other purposes.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Military Whistleblower
4
Protection Enhancement Act of 2013’’.
5
 
2
 ARM13975 S.L.C.
SEC. 2. EXPANSION AND ENHANCEMENT OF AUTHORITIES
1
RELATING PROTECTED COMMUNICATIONS
2
OF MEMBERS OF THE ARMED FORCES AND
3
PROHIBITED RETALIATORY ACTIONS.
4
(a) E
 XPANSION OF
P
ROHIBITED
R
ETALIATORY 
P
ER
-
5
SONNEL
 A 
CTIONS
.—Subsection (b) of section 1034 of title
6
10, United States Code, is amended—
7
(1) in paragraph (1)—
8
(A) in subparagraph (A), by striking ‘‘or’’
9
at the end;
10
(B) in subparagraph (B)—
11
(i) in clause (i), by inserting ‘‘or a
12
representative of a Member of Congress’’
13
after ‘‘a Member of Congress’’;
14
(ii) in clause (iv), by striking ‘‘or’’ at
15
the end;
16
(iii) by redesignating clause (v) as
17
clause (vi);
18
(iv) by inserting after clause (v) the
19
following new clause (v):
20
‘‘(v) a court, grand jury, or court-martial
21
proceeding, or an authorized official of the De-
22
partment of Justice or another law enforcement
23
agency; or’’; and
24
(v) in clause (vi), as redesignated by 
25
clause (iii) of this subparagraph, by strik-
26
 
3
 ARM13975 S.L.C.
ing the period at the end and inserting ‘‘;
1
or’’; and
2
(C) by adding at the end the following new 
3
subparagraph:
4
‘‘(C) testimony, or otherwise participating in or
5
assisting in an investigation or proceeding related to
6
a communication under subparagraph (A) or (B), or
7
filing, causing to be filed, participating in, or other-
8
 wise assisting in an action brought under this sec-
9
tion.’’; and
10
(2) in paragraph (2), by inserting after ‘‘any 
11
favorable action’’ the following: ‘‘, or a significant
12
change in a member’s duties, responsibilities, or
13
 working conditions’’.
14
(b) I
NSPECTOR
G
ENERAL
I
NVESTIGATIONS OF
 A 
LLE
-
15
GATIONS
.—Subsection (c) of such section is amended—
16
(1) in paragraph (1), by striking ‘‘paragraph
17
(3)’’ and inserting ‘‘paragraph (4)’’;
18
(2) in paragraph (2), by striking subparagraph
19
(A) and inserting the following new subparagraph
20
(A):
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‘‘(A) Any violation of any law, rule, or regula-
22
tion, including a law or regulation prohibiting rape,
23
sexual assault, or other sexual misconduct in sec-
24
tions 920 through 920c of this title (articles 120
25

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