[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1081 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1081

     To amend title 10, United States Code, to expand and enhance 
authorities on protected communications of members of the Armed Forces, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2013

 Mr. Warner (for himself and Mr. Kaine) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
     To amend title 10, United States Code, to expand and enhance 
authorities on protected communications of members of the Armed Forces, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Whistleblower Protection 
Enhancement Act of 2013''.

SEC. 2. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING PROTECTED 
              COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND 
              PROHIBITED RETALIATORY ACTIONS.

    (a) Expansion of Prohibited Retaliatory Personnel Actions.--
Subsection (b) of section 1034 of title 10, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) 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 court-martial 
                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
                    (C) by adding at the end the following new 
                subparagraph:
            ``(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 
        member's duties, responsibilities, or working conditions''.
    (b) Inspector General Investigations of Allegations.--Subsection 
(c) of such section is amended--
            (1) in paragraph (1), by striking ``paragraph (3)'' and 
        inserting ``paragraph (4)'';
            (2) in paragraph (2), by striking subparagraph (A) and 
        inserting the following new subparagraph (A):
            ``(A) Any violation of any law, rule, or regulation, 
        including a law or regulation prohibiting rape, sexual assault, 
        or other sexual misconduct in sections 920 through 920c of this 
        title (articles 120 through 120c of the Uniform Code of 
        Military Justice), sexual harassment or unlawful 
        discrimination.'';
            (3) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively;
            (4) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(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 person 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 communicated;
            ``(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;
            ``(F) the communication was made during the normal course 
        of duties of the member.'';
            (5) in subparagraph (D) of paragraph (4), as redesignated 
        by paragraph (3) of this subsection, by inserting before the 
        period at the end of the second sentence the following: ``, 
        with the consent of the member''; and
            (6) 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''.
    (c) Inspector General Investigations of Underlying Allegations.--
Subsection (d) of such section is amended by striking ``subparagraph 
(A) or (B) of subsection (c)(2)'' and inserting ``subparagraph (A), 
(B), or (C) of subsection (c)(2)''.
    (d) Reports on Investigations.--Subsection (e) of such section is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``subsection (c)(3)(E)'' both 
                places it appears and inserting ``subsection 
                (c)(4)(E)'';
                    (B) by striking ``the Secretary of Defense'' and 
                inserting ``the Secretary of the military department 
                concerned''; and
                    (C) by striking ``to the Secretary,'' and inserting 
                ``to such Secretary,'';
            (2) in paragraph (3), by striking ``the Secretary of 
        Defense'' and inserting ``the Secretary of the military 
        department concerned''; and
            (3) in paragraph (4), by striking the second sentence and 
        inserting the following new sentence: ``The report shall 
        include an explicit determination as to whether a personnel 
        action prohibited by subsection (b) has occurred and a 
        recommendation as to the disposition of the complaint, 
        including appropriate corrective action for the member.''.
    (e) Action in Case of Violations.--Such section is further 
amended--
            (1) by redesignating subsections (f), (g), (h), and (i) as 
        subsections (g), (h), (j), and (k), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) Action in Case of Violations.--(1) If an Inspector General 
reports under subsection (e) that a personnel action prohibited by 
subsection (b) has occurred, not later than 30 days after receiving 
such report from the Inspector General, the Secretary of Homeland 
Security or the Secretary of the military department concerned, as 
applicable, shall order such action as is necessary to correct the 
record of a personnel action prohibited by subsection (b), taking into 
account the recommendations in the report by the Inspector General. 
Such Secretary shall take any appropriate disciplinary action against 
the individual who committed such prohibited personnel action.
    ``(2) If the Secretary of Homeland Security or the Secretary of the 
military department concerned, as applicable, determines that an order 
for corrective or disciplinary action is not appropriate, not later 
than 30 days after making the determination, such Secretary shall--
            ``(A) provide to the Secretary of Defense, the Committees 
        on Armed Services of the Senate and the House of 
        Representatives, and the member or former member, a notice of 
        the determination and the reasons for not taking action; or
            ``(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 such section, as 
redesignated by subsection (e)(1) of this section, is further amended--
            (1) in paragraph (1), by striking ``may review'' and 
        inserting ``shall review'';
            (2) in paragraph (2)(C), by striking ``may'' and inserting 
        ``upon the request of the member or former member, after an 
        initial determination that a complaint is not frivolous and has 
        not previously been addressed by the board, shall''; and
            (3) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``board elects to hold'' and inserting ``board 
                holds''; and
                    (B) in subparagraph (A)--
                            (i) by striking ``may be provided'' and 
                        inserting ``shall be provided''; and
                            (ii) in clause (ii), by striking ``the case 
                        is unusually complex or otherwise requires'' 
                        and inserting ``the member or former member 
                        would benefit from''.
    (g) Review.--Subsection (h) of such section, as redesignated by 
subsection (e)(1) of this section, is further amended by striking 
``subsection (f)'' and inserting ``subsection (g)''.
    (h) Burdens of Proof.--Such section is further amended by inserting 
after subsection (h), as so redesignated, the following new subsection 
(i):
    ``(i) Burdens of Proof.--The burdens of proof specified in section 
1221(e) of title 5 shall apply in any investigation conducted by an 
Inspector General, and any review conducted by the Secretary of 
Defense, the Secretary of Homeland Security, and any board for the 
correction of military records, under this section.''.
    (i) Effective Date.--The amendments made by this section shall take 
effect on the date that is 30 days after the date of the enactment of 
this Act, and shall apply with respect to allegations pending or 
submitted under section 1034 of title 10, United States Code, on or 
after that date.
                                 <all>