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AMENDMENT NO.llll

Calendar No.lll

Purpose: To improve the expansion and enhancement of authorities relating to protected communications of members of the Armed Forces.
IN THE SENATE OF THE UNITED STATES113th Cong., 1st Sess.

S. 1197 To authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. WARNER (for himself, Ms. COLLINS, Mr. KAINE, and Mr. GRASSLEY) Viz: 1 2 3 4 5 6 7 Strike section 511 and insert the following:
SEC. 511. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND PROHIBITED RETALIATORY ACTIONS.

(a) EXPANSION
SONNEL

OF

PROHIBITED RETALIATORY PER-

ACTIONS.Subsection (b) of section 1034 of title

8 10, United States Code, is amended 9 (1) in paragraph (1)

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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) in the matter preceding subparagraph (A), by inserting or being perceived as making or preparing after making or preparing; (B) in subparagraph (A), by striking or at the end; (C) in subparagraph (B) (i) in clause (i), by inserting or a representative of a Member of Congress after a Member of Congress; (ii) in clause (iv), by striking or at the end; (iii) by redesignating clause (v) as clause (vi); (iv) by inserting after clause (v) the following new clause (v): (v) a court, grand jury, or courtmartial proceeding, or an authorized official of the Department of Justice or another law enforcement agency; or; and (v) in clause (vi), as redesignated by clause (iii) of this subparagraph, by striking the period at the end and inserting ; or; and (D) by adding at the end the following new subparagraph:

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (C) testimony, or otherwise participating in or assisting in an investigation or proceeding related to a communication under subparagraph (A) or (B), or filing, causing to be filed, participating in, or otherwise assisting in an action brought under this section.; and (2) in paragraph (2), by inserting after any favorable action the following: , or a significant change in a members duties or responsibilities not commensurate with the members grade. (b) INSPECTOR GENERAL INVESTIGATIONS
GATIONS.Subsection OF

ALLE-

(c) of such section is amended

(1) in paragraph (1), by striking paragraph (3) and inserting paragraph (4); (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (3) by inserting after paragraph (2) the following new paragraph (3): (3) A communication described in paragraph (2)

20 shall not be excluded from the protections provided in this 21 section because 22 23 24 (A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ing; (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) in paragraph (4), as so redesignated, by striking subsection (h) each place it appears and inserting subsection (j); (5) in paragraph (5), as so redesignated (A) by striking paragraph (3)(A) and inserting paragraph (4)(A); (B) by striking paragraph (3)(D) and inserting paragraph (4)(D); and (C) by striking 60 days and inserting one year; and (6) in paragraph (6), as so redesignated, by striking outside the immediate chain of command and all that follows and inserting both of the following: (B) the communication revealed information that had previously been disclosed; (C) of the members motive for making the communication; (D) the communication was not made in writ-

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5 1 2 3 4 5 6 7 8 9 10 11 (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.. (c) INSPECTOR GENERAL INVESTIGATIONS
DERLYING OF

UN -

ALLEGATIONS.Subsection (d) of such section

12 is amended by striking subparagraph (A) or (B) of sub13 section (c)(2) and inserting subparagraph (A), (B), or 14 (C) of subsection (c)(2). 15 (d) REPORTS
ON

INVESTIGATIONS.Subsection (e)

16 of such section is amended 17 18 19 20 21 22 23 24 25 (1) in paragraph (1) (A) by striking subsection (c)(3)(E) both places it appears and inserting subsection (c)(4)(E); (B) by inserting and the Secretary of the military department concerned after the Secretary of Defense; and (C) by striking to the Secretary, and inserting to such Secretaries,; and

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6 1 2 3 4 (2) in paragraph (3), by inserting and the Secretary of the military department concerned after the Secretary of Defense. (e) ACTION
IN

CASE

OF

VIOLATIONS.Such section

5 is further amended 6 7 8 9 10 11 (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) ACTION
IN

CASE

OF

VIOLATIONS.(1) Not later

12 than 30 days after receiving a report from the Inspector 13 General under subsection (e), the Secretary of Homeland 14 Security or the Secretary of the military department con15 cerned, as applicable, shall determine whether there is suf16 ficient basis to conclude whether a personnel action pro17 hibited by subsection (b) has occurred, and, if so, shall 18 order such action as is necessary to correct the record of 19 a personnel action prohibited by subsection (b). Such Sec20 retary shall take any appropriate disciplinary action 21 against the individual who committed such prohibited per22 sonnel action. 23 (2) If the Secretary of Homeland Security or the

24 Secretary of the military department concerned, as appli25 cable, determines that an order for corrective or discipli-

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7 1 nary action is not appropriate, not later than 30 days after 2 making the determination, such Secretary shall 3 4 5 6 7 8 9 (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) refer the report to the appropriate board for the correction of military records for further review under subsection (g).. (f) CORRECTION
OF

RECORDS.Subsection (g) of

10 such section, as redesignated by subsection (e)(1) of this 11 section, is further amended 12 13 14 15 16 17 18 19 20 (1) in paragraph (1), by adding at the end the following new sentence: In a case referred to the Board by the Secretary of Homeland Security or the Secretary of a military Department pursuant to subsection (f), the Board shall review the matter.; and (2) in paragraph (3), by striking board elects to hold in the matter preceding subparagraph (A) and inserting board holds. (g) REVIEW.Subsection (h) of such section, as re-

21 designated by subsection (e)(1) of this section, is further 22 amended by striking subsection (f) and inserting sub23 section (g).