[Congressional Record Volume 163, Number 147 (Tuesday, September 12, 2017)]
[Senate]
[Page S5227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 968. Mr. BLUMENTHAL (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 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; which 
was ordered to lie on the table; as follows:

       At the end of subtitle D of title V, add the following:

     SEC. __. BURDENS OF PROOF APPLICABLE TO INVESTIGATIONS AND 
                   REVIEWS RELATED TO PROTECTED COMMUNICATIONS OF 
                   MEMBERS OF THE ARMED FORCES AND PROHIBITED 
                   RETALIATORY ACTIONS.

       (a) In General.--Section 1034 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsections (i) and (j) as subsections 
     (j) and (k), respectively; and
       (2) by inserting after subsection (h) the following new 
     subsection:
       ``(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 under subsection (c) or 
     (d), any review performed by a board for the correction of 
     military records under subsection (g), and any review 
     conducted by the Secretary of Defense under subsection 
     (h).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     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.
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