S.Amdt. 2285

1. Rewrites section 511

   Replaces

   In S. 1197 · Placed on Calendar Senate

   SEC. 511. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND PROHIBITED RETALIATORY ACTIONS.

   (a) Expansion of Prohibited Retaliatory Personnel Actions.--[struck: ]Subsection (b) of section 1034 of title 10, United States Code, is amended--

   (1) in paragraph (1)--

   (A) in the matter preceding subparagraph (A), by inserting "or being perceived as making or preparing" after "making or preparing";

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   (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 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

   (D) 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 [struck: member's][inserted: members] duties or responsibilities not commensurate with the member's grade".

   (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)";

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   (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) 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 disclosed; "(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;[inserted: and]

   "(F) the communication was made during the normal course of duties of the member.";[struck: and]

   Inserted: (4) in paragraph (4), as so redesignated, by striking "subsection (h)" each place it appears and inserting "subsection (j)";

   ([struck: 4][inserted: 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 "[struck: 180 days][inserted: one year]"[struck: .][inserted: ; and]

   Struck: (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)".

   Inserted: (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:

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (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)--

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   (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

   (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 is further amended--

   (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), ([struck: j][inserted: i]), and ([struck: k][inserted: j]), respectively; and

   (2) by inserting after subsection (e) the following new subsection (f):

   "(f) Action in Case of Violations.--(1) Not later than 30 days after receiving a report from the Inspector General under subsection (e), the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall determine whether there is sufficient basis to conclude whether a personnel action prohibited by subsection (b) has occurred, and, if so, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b). 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 and the member or former member, a notice of the determination and the reasons for not taking action; [struck: or][inserted: 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 such section, as redesignated by subsection (e)(1) of this section, is further amended--

   (1) in paragraph (1), by adding at the end the following new sentence: "In a case referred to [struck: a board][inserted: the Board] by the Secretary of Homeland Security or the Secretary of a military [struck: department when such Secretary has determined that a personnel action prohibited by ][inserted: Department pursuant to ]subsection ([struck: b][inserted: f])[struck: has occurred], the [struck: board][inserted: 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 redesignated by subsection (e)(1) of this section, is further amended by striking "subsection (f)" and inserting "subsection (g)".

   Original wording

   Strike section 511 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed