,,ii #aacth ,,congress #ast ,session ,s4 #ajha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjac ,mr4 ,warner 7for himself and ,mr4 ,kaine7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to expand and enhance authorities on protected communications of members of the ,armed ,forces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,whistleblower ,protection ,enhancement ,act of #bjac4 #b4 ,expansion and enhancement of authorities relating protected communications of members of the ,armed ,forces and prohibited retaliatory actions 7a7 ,expansion of prohibited retaliatory personnel actions ,subsection 7b7 of section #ajcd of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking or at the end2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i71 by inserting or a representative of a ,member of ,congress after a ,member of ,congress2 7ii7 in clause 7iv71 by striking or at the end2 7iii7 by redesignating clause 7v7 as clause 7vi72 7iv7 by inserting after clause 7v7 the following new clause 7v73 7v7 a court1 grand jury1 or court-martial proceeding1 or an authorized official of the ,department of ,justice or another law enforcement agency2 or 2 and 7v7 in clause 7vi71 as redesignated by clause 7iii7 of this subparagraph1 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 testimony1 or otherwise participating in or assisting in an investigation or proceeding related to a communication under subparagraph 7,a7 or 7,b71 or filing1 causing to be filed1 participating in1 or otherwise assisting in an action brought under this section4 2 and 7#b7 in paragraph 7#b71 by inserting after any favorable action the following3 1 or a significant change in a member's duties1 responsibilities1 or working conditions4 7b7 ,inspector ,general investigations of allegations ,subsection 7c7 of such section is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#c7 and inserting paragraph 7#d72 7#b7 in paragraph 7#b71 by striking subparagraph 7,a7 and inserting the following new subparagraph 7,a73 7,a7 ,any violation of any law1 rule1 or regulation1 including a law or regulation prohibiting rape1 sexual assault1 or other sexual misconduct in sections #ibj through #ibj;c of this title 7articles #abj through #abj;c of the ,uniform ,code of ,military ,justice71 sexual harassment or unlawful discrimination4 2 7#c7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#d7 by inserting after paragraph 7#b7 the following new paragraph 7#c73 7#c7 ,a communication described in paragraph 7#b7 shall not be excluded from the protections provided in this section because-- 7,a7 the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph 7#b72 7,b7 the communication revealed information that had previously been communicated2 7,c7 of the member's motive for making the communication2 7,d7 the communication was not made in writing2 7,e7 the communication was made while the member was off duty2 7,f7 the communication was made during the normal course of duties of the member4 2 7#e7 in subparagraph 7,d7 of paragraph 7#d71 as redesignated by paragraph 7#c7 of this subsection1 by inserting before the period at the end of the second sentence the following3 1 with the consent of the member2 and 7#f7 in paragraph 7#e71 as so redesignated-- 7,a7 by striking paragraph 7#c77;,a7 and inserting paragraph 7#d77;,a72 7,b7 by striking paragraph 7#c77;,d7 and inserting paragraph 7#d77;,d72 and 7,c7 by striking #fj days and inserting one year4 7c7 ,inspector ,general investigations of underlying allegations ,subsection 7d7 of such section is amended by striking subparagraph 7,a7 or 7,b7 of subsection 7c77#b7 and inserting subparagraph 7,a71 7,b71 or 7,c7 of subsection 7c77#b74 7d7 ,reports on investigations ,subsection 7e7 of such section is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking subsection 7c77#c77;,e7 both places it appears and inserting subsection 7c77#d77;,e72 7,b7 by striking the ,secretary of ,defense and inserting the ,secretary of the military department concerned2 and 7,c7 by striking to the ,secretary1 and inserting to such ,secretary12 7#b7 in paragraph 7#c71 by striking the ,secretary of ,defense and inserting the ,secretary of the military department concerned2 and 7#c7 in paragraph 7#d71 by striking the second sentence and inserting the following new sentence3 ,the report shall include an explicit determination as to whether a personnel action prohibited by subsection 7b7 has occurred and a recommendation as to the disposition of the complaint1 including appropriate corrective action for the member44 7e7 ,action in case of violations ,such section is further amended-- 7#a7 by redesignating subsections 7f71 7g71 7h71 and 7i7 as subsections 7g71 7h71 7j71 and 7k71 respectively2 and 7#b7 by inserting after subsection 7e7 the following new subsection 7f73 7f7 ,action in case of violations 7#a7 ,if an ,inspector ,general reports under subsection 7e7 that a personnel action prohibited by subsection 7b7 has occurred1 not later than #cj days after receiving such report from the ,inspector ,general1 the ,secretary of ,homeland ,security or the ,secretary of the military department concerned1 as applicable1 shall order such action as is necessary to correct the record of a personnel action prohibited by subsection 7b71 taking into account the recommendations in the report by the ,inspector ,general4 ,such ,secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action4 7#b7 ,if the ,secretary of ,homeland ,security or the ,secretary of the military department concerned1 as applicable1 determines that an order for corrective or disciplinary action is not appropriate1 not later than #cj days after making the determination1 such ,secretary shall-- 7,a7 provide to the ,secretary of ,defense1 the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives1 and the member or former member1 a notice of the determination and the reasons for not taking action2 or 7,b7 refer the report to the appropriate board for the correction of military records for further review under subsection 7g74 4 7f7 ,correction of records ,subsection 7g7 of such section1 as redesignated by subsection 7e77#a7 of this section1 is further amended-- 7#a7 in paragraph 7#a71 by striking may review and inserting shall review2 7#b7 in paragraph 7#b77;,c71 by striking may and inserting upon the request of the member or former member1 after an initial determination that a complaint is not frivolous and has not previously been addressed by the board1 shall2 and 7#c7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking board elects to hold and inserting board holds2 and 7,b7 in subparagraph 7,a7-- 7i7 by striking may be provided and inserting shall be provided2 and 7ii7 in clause 7ii71 by striking the case is unusually complex or otherwise requires and inserting the member or former member would benefit from4 7g7 ,review ,subsection 7h7 of such section1 as redesignated by subsection 7e77#a7 of this section1 is further amended by striking subsection 7f7 and inserting subsection 7g74 7h7 ,burdens of proof ,such section is further amended by inserting after subsection 7h71 as so redesignated1 the following new subsection 7i73 7i7 ,burdens of proof ,the burdens of proof specified in section #abba7;e7 of title #e shall apply in any investigation conducted by an ,inspector ,general1 and any review conducted by the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 and any board for the correction of military records1 under this section4 4 7i7 ,effective date ,the amendments made by this section shall take effect on the date that is #cj days after the date of the enactment of this ,act1 and shall apply with respect to allegations pending or submitted under section #ajcd of title #aj1 ,united ,states ,code1 on or after that date4