S.Amdt. 968

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.
______