Sec. 1714. EXPANSION AND ENHANCEMENT OF AUTHORITIES RELATING TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE ARMED FORCES AND PROHIBITED RETALIATORY ACTIONS

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## SEC. 1714 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 Subsection

(b)of section 1034 of title 10, United States Code, is amended— ####

(1)in paragraph (1)— #####

(A)by striking “preparing—” and inserting “preparing or being perceived as making or preparing—”; #####

(B)in subparagraph (A), by striking “or” at the end; #####

(C)in subparagraph (B)— ######

(i)in clause (iv), by striking “or” at the end; ######

(ii)by redesignating clause

(v)as clause

(vi)and, in such clause, by striking the period at the end and inserting “; or”; and ######

(iii)by inserting after clause

(iv)the following new clause (v): > > ###### “(v) > > a court-martial proceeding; 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)— #####

(A)by striking “and” after “unfavorable action” and inserting a comma; and #####

(B)by inserting after “any favorable action” the following: “, or making or threatening to make a significant change in the duties or responsibilities of a member of the armed forces not commensurate with the member’s grade”. ###

(b)Inspector General Investigations of Allegations Subsection

(c)of section 1034 of title 10, United States Code, 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)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; and > > > ##### “(F) > > the communication was made during the normal course of duties of the member.” > ; ####

(4)in paragraph (5), as redesignated by paragraph

(2)of this subsection— #####

(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 ####

(5)in paragraph (6), as redesignated by paragraph

(2)of this subsection, by striking “ 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. ” and inserting the following: > “one or both of the following: > > > ##### “(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 of Underlying Allegations Subsection

(d)of section 1034 of title 10, United States Code, 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 section 1034 of title 10, United States Code, 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 inserting “and the Secretary of the military department concerned” after “the Secretary of Defense”; and #####

(C)by striking “transmitted to the Secretary” and inserting “transmitted 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 Section 1034 of title 10, United States Code, is further amended— ####

(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 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. > > > #### “(2) > > If the Secretary concerned determines under paragraph

(1)that a personnel action prohibited by subsection

(b)has occurred, the Secretary shall— > > > ##### “(A) > > order such action as is necessary to correct the record of a personnel action prohibited by subsection (b); and > > > ##### “(B) > > take any appropriate disciplinary action against the individual who committed such prohibited personnel action. > > > #### “(3) > > If the Secretary concerned determines under paragraph

(1)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; and > > > ##### “(B) > > when appropriate, 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 section 1034 of title 10, United States Code, as redesignated by subsection (e)(1) of this section, is amended in paragraph (3)— ####

(1)in the matter preceding subparagraph (A), by striking “board elects to hold” and inserting “board holds”; and ####

(2)in subparagraph (A)(ii), by striking “the case is unusually complex or otherwise requires” and inserting “the member or former member would benefit from”.