[Pages S3866-S3868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1799. Mrs. BOXER (for herself, Mr. Grassley, Mr. Wyden, Mr. 
Markey, and Mrs. Gillibrand) submitted an amendment intended to be 
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 
1735, to authorize appropriations for fiscal year 2016 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 division A, add the following:

 TITLE XVII--WHISTLEBLOWER PROTECTIONS FOR MEMBERS OF THE ARMED FORCES

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Legal Justice for 
     Servicemembers Act of 2015''.

     SEC. 1702. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION 
                   PROCEDURES.

       (a) Actions Treatable as Prohibited Personnel Actions.--
     Paragraph (2) of subsection (b) of section 1034 of title 10, 
     United States Code, is amended to read as follows:
       ``(2)(A) The actions considered for purposes of this 
     section to be a personnel action prohibited by this 
     subsection shall include any action prohibited by paragraph 
     (1), including the threat to take any unfavorable action, the 
     withholding or threat to withhold any favorable action, 
     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, a retaliatory 
     investigation, 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 known.
       ``(B) In this paragraph, the term `retaliatory 
     investigation' means an investigation requested, directed, 
     initiated, or conducted for the primary purpose of punishing, 
     harassing, or ostracizing a member for making a protected 
     communication.
       ``(C) Nothing in this paragraph shall be construed to limit 
     the ability of a commander to consult with a superior in the 
     chain of command, an inspector general, or a judge advocate 
     general on the disposition of a complaint against a member of 
     the armed forces for an allegation of collateral misconduct 
     or for a matter unrelated to a protected communication. Such 
     consultation shall provide an affirmative defense against an 
     allegation that a member requested, directed, initiated, or 
     conducted a retaliatory investigation under this section.''.
       (b) Temporary Stay of Personnel Actions.--Subsection (c)(4) 
     of such section is further amended--
       (1) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E)(i) If the Inspector General makes a preliminary 
     determination in an investigation under subparagraph (D) that 
     there are reasonable grounds to believe that a personnel 
     action prohibited by subsection (b) has occurred and the 
     personnel action will

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     result in an immediate hardship to the member alleging the 
     personnel action, the Inspector General may impose a stay of 
     the personnel action of not more than 90 days in order to 
     prevent undue hardship to the member.
       ``(ii) If the Inspector General has not completed the 
     investigation described in clause (i) upon the expiration of 
     the stay of the personnel action with respect to a member 
     imposed by the Inspector General under that clause, the 
     Secretary of the military department concerned or the 
     Secretary of Homeland Security, as applicable, 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 General.''.
       (c) Periodic Notice to Members on Progress of Inspector 
     General Investigations.--Paragraph (3) of subsection (e) of 
     such section is amended to read as follows:
       ``(3)(A) Not later than 180 days after the commencement of 
     an investigation of an allegation under subsection (c)(4), 
     and every 180 days thereafter until the transmission of the 
     report on the investigation under paragraph (1) to the member 
     concerned, the Inspector General conducting the investigation 
     shall submit a notice on the investigation described in 
     subparagraph (B) to the following:
       ``(i) The member.
       ``(ii) The Secretary of Defense.
       ``(iii) The Secretary of the military department concerned, 
     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 Navy.
       ``(B) Each notice on an investigation under subparagraph 
     (A) shall include the following:
       ``(i) A description of the current progress of the 
     investigation.
       ``(ii) An estimate of the time remaining until the 
     completion of the investigation and the transmittal of the 
     report required by paragraph (1) to the member concerned.''.
       (d) Actions in Case of Violations.--Subsection (f)(2) of 
     such section is amended--
       (1) by striking subparagraph (A) and inserting the 
     following new subparagraph (A):
       ``(A) order such action as is necessary to correct the 
     record of a personnel action prohibited by subsection (b), 
     including referring the report to the appropriate board for 
     the correction of military records;'';
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding after subparagraph (B) the following new 
     subparagraph:
       ``(C) submit to the Inspector General a report on the 
     actions taken by the Secretary pursuant to this paragraph, 
     and include a summary of the report under this subparagraph 
     (with any personally identifiable information redacted) in 
     the semiannual report to Congress of the Inspector General of 
     the Department of Defense or the Inspector General of the 
     Department of Homeland Security, as applicable, under section 
     5 of the Inspector General Act of 1978 (5 U.S.C. App.).''.
       (e) Correction of Records.--Subsection (g) of such section 
     is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) In resolving an application described in paragraph 
     (1) for which there is a report of the Inspector General 
     under subsection (e)(1), a correction board--
       ``(A) shall review the report of the Inspector General;
       ``(B) may request the Inspector General to gather further 
     evidence;
       ``(C) may receive oral argument, examine and cross-examine 
     witnesses, and take depositions; and
       ``(D) shall consider a request by a member or former member 
     in determining whether to hold an evidentiary hearing.''.
       (f) Uniform Standards for Inspector General Investigations 
     of Prohibited Personnel Actions and Other Matters.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Defense shall prescribe uniform standards for 
     the following:
       (A) The investigation of allegations of prohibited 
     personnel actions under section 1034 of title 10, United 
     States Code (as amended by this section), by the Inspector 
     General and the Inspectors General of the military 
     departments.
       (B) The training of the staffs of the Inspectors General 
     referred to in subparagraph (A) on the conduct of 
     investigations described in that subparagraph.
       (2) Use.--Commencing 180 days after prescription of the 
     standards required by paragraph (1), 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 investigations.

     SEC. 1703. IMPROVEMENTS TO AUTHORITIES AND PROCEDURES FOR THE 
                   CORRECTION OF MILITARY RECORDS.

       (a) Procedures of Boards.--Paragraph (3) of section 1552(a) 
     of title 10, United States Code, is amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following new subparagraphs:
       ``(B) If a board makes a preliminary determination that a 
     claim under this section lacks sufficient information or 
     documents to support the claim, the board shall notify the 
     claimant, in writing, indicating the specific information or 
     documents necessary to make the claim complete and reviewable 
     by the board.
       ``(C) If a claimant is unable to provide military personnel 
     or medical records applicable to a claim under this section, 
     the board shall make reasonable efforts to obtain the 
     records. A claimant shall provide the board with documentary 
     evidence of the efforts of the claimant to obtain such 
     records. The board shall inform the claimant of the results 
     of the board's efforts, and shall provide the claimant copies 
     of any records so obtained upon request of the claimant.
       ``(D) Any request for reconsideration of a determination of 
     a board under this section, no matter when filed, 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 determination.''.
       (b) Judicial Review of Determinations of Boards.--Paragraph 
     (4) of such section is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in subparagraph (A), as so designated, by inserting 
     ``or subject to review or appeal as described in subparagraph 
     (B)'' after ``Except when procured by fraud''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) A claimant may seek judicial review of a 
     determination of a board under this section in an appropriate 
     court of the United States. The scope of judicial review 
     under this subparagraph shall be as specified in section 706 
     of title 5.''.
       (c) Publication of Final Decisions of Boards.--Such section 
     is further amended by adding at the end the following new 
     paragraph:
       ``(5) Each final decision of a board under this subsection 
     shall be made available to the public in electronic form on a 
     centralized Internet website. In any decision so made 
     available to the public there shall be redacted all 
     personally identifiable information.''.
       (d) Training of Members of Boards.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, 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 1552 of title 10, United States 
     Code. The curriculum shall address all areas of 
     administrative law applicable to the duties of such boards.
       (2) 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 are, to the extent practicable, uniform.
       (3) Training.--
       (A) In general.--Each member of a board for the correction 
     of military records shall undergo retraining (consistent with 
     the curriculum developed and implemented pursuant to this 
     subsection) regarding the duties of boards for the correction 
     of military records under section 1552 of title 10, United 
     States Code, at least once every five years during the 
     member's tenure on the board.
       (B) 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 (1) 
     (in this paragraph referred to as the ``curriculum 
     implementation date'') shall undergo training described in 
     subparagraph (A) not later than 90 days after the curriculum 
     implementation date.
       (C) 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 (A) by not later than 90 days after 
     the date on which such individual becomes a member of the 
     board.
       (4) Reports.--Not later than 18 months after the date of 
     the enactment of this Act, each Secretary concerned shall 
     submit to Congress a report setting forth the following:
       (A) 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 Secretary.
       (B) A detailed description of the training curriculum 
     required of such Secretary by paragraph (1).
       (C) 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 Secretary.
       (5) Secretary concerned defined.--In this subsection, the 
     term ``Secretary concerned'' means a ``Secretary concerned'' 
     as that term is used in section 1552 of title 10, United 
     States Code.

     SEC. 1704. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF 
                   INTEGRITY OF DEPARTMENT OF DEFENSE 
                   WHISTLEBLOWER PROGRAM.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report setting forth a review of the integrity of the 
     Department of Defense whistleblower program.
       (b) Elements.--The review for purposes of the report 
     required by subsection (a) shall include the following 
     elements:

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       (1) An assessment of the extent to which the Department of 
     Defense whistleblower program meets Executive branch policies 
     and goals for whistleblower protections.
       (2) A determination and assessment of the causes and 
     impacts of the situation in which some employees in the 
     Office of the Inspector General of the Department Defense 
     believed they could not disclose a suspected violation of 
     law, rule, or regulation without fear of reprisal, as 
     determined in a recent review of the Comptroller General.
       (3) An assessment of the extent to which there have been 
     violations of standards used in regard to the protection of 
     confidentiality provided to whistleblowers by the Inspector 
     General of the Department of Defense.
       (4) An assessment of the extent to which there have been 
     incidents of retaliatory investigations against 
     whistleblowers within the Office of the Inspector General.
       (5) An assessment of the extent to which the Inspector 
     General of the Department of Defense has thoroughly 
     investigated and substantiated allegations within the past 10 
     years against civilian officials of the Department of Defense 
     appointed to their positions by and with the advice and 
     consent of the Senate, and whether Congress has been notified 
     of the results of such investigations.
                                 ______