,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #baij  ,,in ,,the ,,house ,,of  
,,representatives  ,april #cj1 #bjae    
,ms4 ,speier introduced the following   
bill2 which was referred to the         
,committee on ,armed ,services1 and in  
addition to the ,committee on ,oversight
 and ,government ,reform1 for a period  
to be subsequently determined by the    
,speaker1 in each case for consideration
 of such provisions as fall within the  
jurisdiction of the committee concerned 
,a ,,bill  ,to amend title #aj1 ,united 
,states ,code1 to improve procedures for
 legal justice for members of the ,armed
 ,forces1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,legal ,justice for ,servicemembers 
,act of #bjae4  #b4 ,improvements to    
whistleblower protection procedures  7a7
 ,modification of actions treatable as  
prohibited personnel actions ,paragraph 
7#b7 of subsection 7b7 of section #ajcd 
of title #aj1 ,united ,states ,code1 is 
amended to read as follows3  7#b7 ,the  

following actions shall be considered   
for the purposes of this section to be a
 personnel action prohibited by this    
subsection3  7,a7 ,any action prohibited
 by paragraph 7#a7 7including the threat
 to take any unfavorable action1 the    
withholding or threat to withhold any   
favorable action1 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 grade1 a retaliatory  
investigation1 and the failure of a     
superior to respond to retaliatory      
action or harassment by one or more     
subordinates taken against a member of  
which the superior knew or should have  
known74  7,b7 ,any other action that    
could be reasonably understood as an    
attempt to dissuade a member of the     
armed forces from making or preparing a 
communication1 or participating in any  
other activity1 described in paragraph  
7#a74  4  7b7 ,option of member         
concerned ,to decline delegation of     

investigation by ,do,d ,,ig to military 
department ,,ig ,subparagraph 7,d7 of   
subsection 7c77#d7 of such section is   
amended in the second sentence by       
inserting before the period the         
following3 unless the member submitting 
the allegation declines the delegation4 
7c7 ,temporary stay of personnel actions
 ,subsection 7c77#d7 of such section is 
further amended-- 7#a7 by redesignating 
subparagraph 7,e7 as subparagraph 7,f72 
and  7#b7 by inserting after            
subparagraph 7,d7 the following new     
subparagraph 7,e73  7,e7 7i7 ,if the    
,inspector ,general makes a preliminary 
determination in an investigation under 
subparagraph 7,d7 that there are        
reasonable grounds to believe that a    
personnel action prohibited by          
subsection 7b7 has occurred and the     
personnel action will result in an      
immediate hardship to the member        
alleging the personnel action1 the      
,inspector ,general may impose a stay of
 the personnel action of not more than  

#ij days in order to prevent undue      
hardship to the member4  7ii7 ,if the   
,inspector ,general has not completed   
the investigation described in clause   
7i7 upon the expiration of the stay of  
the personnel action with respect to a  
member imposed by the ,inspector        
,general under that clause1 the         
,secretary of the military department   
concerned or the ,secretary of ,homeland
 ,security1 as applicable1 may continue 
the stay of the personnel action with   
respect to the member for such          
additional time as is required for the  
completion of the investigation by the  
,inspector ,general4  4  7d7 ,periodic  
notice to members on progress of ,,ig   
investigations ,paragraph 7#c7 of       
subsection 7e7 of such section is       
amended to read as follows3  7#c7 7,a7  
,not later than #ahj days after the     
commencement of an investigation of an  
allegation under subsection 7c77#d71 and
 every #ij days thereafter until the    
transmission of the report on the       

investigation under paragraph 7#a7 to   
the member concerned1 the ,inspector    
,general conducting the investigation   
shall submit a notice on the            
investigation described in subparagraph 
7,b7 to the following3  7i7 ,the member4
  7ii7 ,the ,secretary of ,defense4     
7iii7 ,the ,secretary of the military   
department concerned1 or the ,secretary 
of ,homeland ,security in the case of a 
member of the ,coast ,guard when the    
,coast ,guard is not operating as a     
service in the ,navy4  7,b7 ,each notice
 on an investigation under subparagraph 
7,a7 shall include the following3 7i7 ,a
 description of the current progress of 
the investigation1 including the number 
of witnesses interviewed and the number 
of documents reviewed4  7ii7 ,an        
estimate of the time remaining until the
 completion of the investigation and the
 transmittal of the report required by  
paragraph 7#a7 to the member concerned4 
4  7e7 ,,ig recommendations regarding   
disposition of complaints ,paragraph    

7#d7 of subsection 7e7 of such section  
is amended to read as follows3  7#d7    
,the report on the results of the       
investigation shall contain the         
following3  7,a7 ,a thorough review of  
the facts and circumstances relevant to 
the allegation and the complaint or     
disclosure4  7,b7 ,the documents        
acquired during the course of the       
investigation1 including summaries of   
interviews conducted4  7,c7 ,a          
recommendation as to the disposition of 
the complaint4  7,d7 ,recommendations1  
made in consultation with the           
appropriate ,judge ,advocate ,general1  
for disciplinary actions against the    
person who committed the prohibited     
personnel action1 against a superior who
 failed to address such action of which 
the superior knew or should have known1 
or both4  4  7f7 ,actions in case of    
violations ,subparagraph 7,b7 of        
subsection 7f77#c7 of such section is   
amended to read as follows3  7,b7 refer 
the report to the appropriate board for 

the correction of military records for  
further review under subsection 7g7     
unless the member or former member      
requests1 in writing1 during the        
#cj-;day period beginning on the date of
 the making of the determination1 that  
the report not be so referred4  4  7g7  
,correction of records ,subsection 7g7  
of such section is amended-- 7#a7 by    
redesignating paragraphs 7#c7 through   
7#f7 as paragraphs 7#d7 through 7#g71   
respectively2  7#b7 by striking         
paragraph 7#b7 and inserting the        
following new paragraphs 7#b7 and 7#c73 
7#b7 ,in resolving an application       
described in paragraph 7#a7 for which   
there is a report of the ,inspector     
,general under subsection 7e77#a71 a    
correction board--  7,a7 shall review   
the report of the ,inspector ,general2  
7,b7 may request the ,inspector ,general
 to gather further evidence2  7,c7 may  
receive oral argument1 examine and      
cross-examine witnesses1 and take       
depositions2 and  7,d7 if requested by  

the member or former member1 in writing1
 shall hold an evidentiary hearing4     
7#c7 ,in resolving an application       
described in paragraph 7#a7 for which   
there is no final action of the         
,inspector ,general within #cfe days    
after the claimant submits an           
application to the ,inspector ,general1 
the correction board--  7,a7 may receive
 oral argument1 examine and             
cross-examine witnesses1 and take       
depositions2 and  7,b7 if requested by  
the member or former member1 in writing1
 shall hold an evidentiary hearing4  2  
and  7#c7 in paragraph 7#g71 as         
redesignated by paragraph 7#a7 of this  
subsection1 by inserting before the     
period at the end the following3 1      
against a superior who failed to address
 such action of which the superior knew 
or should have known1 or both4  7h7     
,burdens of proof ,such section is      
further amended-- 7#a7 by redesignating 
subsections 7h71 7i71 and 7j7 as        
subsections 7i71 7j71 and 7k71          

respectively2 and  7#b7 by inserting    
after subsection 7g7 the following new  
subsection 7h73  7h7 ,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 in any board for
 the correction of military records1 and
 in any review conducted by the         
,secretary of ,defense and the          
,secretary of ,homeland ,security1 under
 this section4  4  7i7 ,conforming      
amendment ,subsection 7b77#a77;,b77ii7  
of such section is amended by striking  
subsection 7i7 and inserting subsection 
7k74  7j7 ,uniform standards for ,,ig   
investigations of prohibited personnel  
actions and other matters  7#a7 ,in     
general ,not later than one year after  
the date of the enactment of this ,act1 
the ,inspector ,general of the          
,department of ,defense shall prescribe 
uniform standards for the following3    
7,a7 ,the investigation of allegations  
of prohibited personnel actions under   

section #ajcd of title #aj1 ,united     
,states ,code 7as amended by this       
section71 by the ,inspector ,general1   
the ,inspectors ,general of the military
 departments1 and the ,inspector        
,general of the ,department of ,homeland
 ,security4  7,b7 ,the training of the  
staffs of the ,inspectors ,general      
referred to in subparagraph 7,a7 on the 
conduct of investigations described in  
that subparagraph4  7#b7 ,use           
,commencing #ahj days after prescription
 of the standards required by paragraph 
7#a71 the ,inspectors ,general referred 
to in that paragraph shall comply with  
such standards in the conduct of        
investigations described in that        
paragraph and in the training of the    
staffs of such ,inspectors ,general in  
the conduct of such investigations4  #c4
 ,improvements to authorities and       
procedures for the correction of        
military records  7a7 ,requirement for  
correction of military records          
,paragraph 7#a7 of subsection 7a7 of    

section #aeeb of title #aj1 ,united     
,states ,code1 is amended in the first  
sentence by striking may correct and    
inserting shall correct4  7b7 ,a,js as  
presiding officers at meetings of boards
 for correction of military records     
,such subsection is further amended--   
7#a7 by redesignating paragraphs 7#c7   
and 7#d7 as paragraphs 7#e7 and 7#h71   
respectively2 and  7#b7 by inserting    
after paragraph 7#b7 the following new  
paragraph 7#c73  7#c7 ,each meeting of a
 board under this subsection1 including 
any evidentiary hearing under paragraph 
7#f71 shall1 to the extent practicable1 
have as its presiding officer an        
administrative judge serving on a       
part-time basis for that purpose under a
 contract with the ,secretary concerned 
for that purpose4  4  7c7               
,qualifications and terms of service on 
boards  7#a7 ,in general ,such          
subsection is further amended by        
inserting after paragraph 7#c71 as      
inserted by subsection 7b77#b7 of this  

section1 the following new paragraph    
7#d73  7#d7  7,a7 ,the members of each  
board under this subsection shall be    
individuals who1 by demonstrated        
ability1 background1 training1 or       
experience are especially qualified to  
carry out the functions of a board under
 this section4 ,no member of a board may
 hold another office or position in the 
,federal ,government except as otherwise
 provided by law4  7,b7 ,the term of    
service of an individual on a board may 
not exceed five years4  4  7#b7         
,application of term of service         
limitation to members serving on date of
 enactment ,for purposes of the         
application of paragraph 7#d77;,b7 of   
subsection 7a7 of section #aeeb of title
 #aj1 ,united ,states ,code 7as amended 
by paragraph 7#a7 of this subsection71  
to individuals serving on boards for the
 correction of military records as of   
the date of the enactment of this ,act1 
the term of service of such individuals 
on such boards shall be deemed to have  

commenced on the date of the enactment  
of this ,act4  7d7 ,procedures of boards
 ,paragraph 7#e7 of such subsection1 as 
redesignated by subsection 7b77#a7 of   
this section1 is further amended--  7#a7
 by inserting 7,a7 after 7#e72 and  7#b7
 by adding at the end the following new 
subparagraphs3  7,b7 ,if a board makes a
 preliminary determination that a claim 
under this section lacks sufficient     
information or documents to support the 
claim1 the board shall notify the       
claimant1 in writing1 indicating the    
specific information or documents       
necessary to make the claim complete and
 reviewable by the board4  7,c7 ,if a   
claimant is unable to provide military  
personnel or medical records applicable 
to a claim under this section1 the board
 shall make reasonable efforts to obtain
 the records4 ,a claimant shall provide 
the board with documentary evidence of  
the efforts of the claimant to obtain   
such records4 ,the board shall inform   
the claimant of the results of the      

board's efforts1 and shall provide the  
claimant copies of any records so       
obtained upon request of the claimant4  
7,d7 ,any request for reconsideration of
 a determination of a board under this  
section1 no matter when filed1 shall be 
reconsidered by a board under this      
section if supported by materials not   
previously presented to or considered by
 the board in making such determination4
  4  7e7 ,evidentiary hearings on       
certain claims ,such subsection is      
further amended by inserting after      
paragraph 7#e71 as redesignated by      
subsection 7b77#a7 of this section and  
amended by subsection 7d7 of this       
section1 the following new paragraph    
7#f73  7#f7  7,a7 ,a board shall hold an
 evidentiary hearing on a claim that    
presents a genuine issue of material    
fact1 if requested by the claimant4     
7,b7 ,a board holding an evidentiary    
hearing shall have broad discretion 7as 
specified in the procedures required by 
paragraph 7#e77 to allow and limit      

discovery on matters covered by the     
hearing in order to expedite the hearing
 and action on the claim concerned4     
7,c7 ,a claimant may1 at the election   
and expense of the claimant1 be         
represented by outside counsel in       
connection with an evidentiary hearing4 
4  7f7 ,final decisions of boards ,such 
subsection is further amended by        
inserting after paragraph 7#f71 as      
inserted by subsection 7e7 of this      
section1 the following new paragraph    
7#g73  7#g7  7,a7 ,each final decision  
of a board under this subsection shall  
be made available to the public in      
electronic form on a centralized        
,internet website4 ,in any decision so  
made available to the public--  7i7     
there shall be redacted all personally  
identifiable information2 but  7ii7 if  
the decision relates to or arises from  
an investigation under section #ajcd of 
this title1 there shall not be redacted 
the names and position of such          
categories of officers investigated1    

above the grade of lieutenant colonel   
7or commander in the case of the ,navy  
and the ,coast ,guard7 as the ,secretary
 of ,defense or the ,secretary of       
,homeland ,security1 as applicable1     
shall prescribe in the procedures under 
paragraph 7#e74  7,b7  7i7 ,under       
procedures jointly developed by the     
,secretaries of the military departments
 and the ,secretary of ,homeland        
,security1 each final decision of a     
board shall be characterized by the     
board as having precedential value or   
non-precedential value for purposes of  
subsequent decisions of boards under    
this section4  7ii7 ,for purposes of    
this subparagraph-- 7,i7 a decision     
having precedential value is any        
decision determined by a board in       
accordance with the procedures required 
by clause 7i7 to add significantly to   
the case law of boards under this       
section2 and  7,,ii7 a decision having  
non-precedential value is any decision  
that does not have precedential value4  

7iii7 ,any decision having precedential 
value for purposes of this subparagraph 
may be cited or referred to by any party
 in a claim under this section4  4  7g7 
,judicial review of determinations of   
boards ,paragraph 7#h7 of such          
subsection1 as redesignated by          
subsection 7b77#a7 of this section1 is  
further amended--  7#a7 by inserting    
7,a7 after 7#h72  7#b7 in subparagraph  
7,a71 as so designated1 by inserting or 
subject to review or appeal as described
 in subparagraph 7,b7 after ,except when
 procured by fraud2 and  7#c7 by adding 
at the end the following new            
subparagraph3  7,b7 ,a claimant may seek
 judicial review of a determination of a
 board under this section in an         
appropriate court of the ,united        
,states4 ,the scope of judicial review  
under this subparagraph shall be as     
specified in section #gjf of title #e4  
4  7h7 ,training of members of boards   
7#a7 ,in general ,not later than one    
year after the date of the enactment of 

this ,act1 each ,secretary concerned    
shall develop and implement a           
comprehensive training curriculum for   
members of boards for the correction of 
military records under the jurisdiction 
of such ,secretary in the duties of such
 boards under section #aeeb of title    
#aj1 ,united ,states ,code4 ,the        
curriculum shall address all areas of   
administrative law applicable to the    
duties of such boards4  7#b7 ,uniform   
curricula ,the ,secretary of ,defense   
and the ,secretary of ,homeland         
,security shall jointly ensure that the 
curricula developed and implemented     
pursuant to this subsection are1 to the 
extent practicable1 uniform4  7#c7      
,training  7,a7 ,in general ,each member
 of a board for the correction of       
military records shall undergo          
retraining 7consistent with the         
curriculum developed and implemented    
pursuant to this subsection7 regarding  
the duties of boards for the correction 
of military records under section #aeeb 

of title #aj1 ,united ,states ,code1 at 
least once during the member's tenure on
 the board4  7,b7 ,current members ,each
 member of a board for the correction of
 military records as of the date of the 
implementation of the curriculum        
required by paragraph 7#a7 7in this     
paragraph referred to as the curriculum 
implementation date7 the shall undergo  
training described in subparagraph 7,a7 
not later than #ij days after the       
curriculum implementation date4  7,c7   
,new members ,each individual who       
becomes a member of a board for the     
correction of military records after the
 curriculum implementation date shall   
undergo training described in           
subparagraph 7,a7 by not later than #ij 
days after the date on which such       
individual becomes a member of the      
board4  7#d7 ,reports ,not later than   
#ah months after the date of the        
enactment of this ,act1 each ,secretary 
concerned shall submit to ,congress a   
report setting forth the following3     

7,a7 ,a description and assessment of   
the progress made by such ,secretary in 
implementing training requirements for  
members of boards for the correction of 
military records under the jurisdiction 
of such ,secretary4  7,b7 ,a detailed   
description of the training curriculum  
required of such ,secretary by paragraph
 7#a74  7,c7 ,a description and         
assessment of any impediments to the    
implementation of training requirements 
for members of boards for the correction
 of military records under the          
jurisdiction of such ,secretary4  7#e7  
,secretary concerned defined ,in this   
subsection1 the term ,secretary         
concerned means a ,secretary concerned  
as that term is used in section #aeeb of
 title #aj1 ,united ,states ,code4  #d4 
,inclusions of ,inspectors ,general of  
the military departments and certain    
other inspectors general in ,council of 
the ,inspectors ,general on ,integrity  
and ,efficiency ,section #aa7;b77#a7 of 
the ,inspector ,general ,act of #aigh   

7#e ,u4,s4,c4 ,app47 is amended by      
adding at the end the following new     
subparagraph3  7,j7 ,the ,inspectors    
,general of the ,army1 the ,navy1 the   
,air ,force1 the ,marine ,corps1 the    
,national ,guard ,bureau1 and the ,coast
 ,guard4  4