[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2875 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2875

To codify in law the establishment and duties of the Office of Complex 
  Administrative Investigations in the National Guard Bureau, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2014

  Mr. Begich introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To codify in law the establishment and duties of the Office of Complex 
  Administrative Investigations in the National Guard Bureau, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard Investigations 
Transparency and Improvement Act of 2014''.

SEC. 2. CODIFICATION IN LAW OF ESTABLISHMENT AND DUTIES OF THE OFFICE 
              OF COMPLEX ADMINISTRATIVE INVESTIGATIONS IN THE NATIONAL 
              GUARD BUREAU.

    (a) In General.--There is in the Office of the Chief of the 
National Guard Bureau the Office of Complex Administrative 
Investigations (in this section referred to as the ``Office'').
    (b) Direction and Supervision.--The Office shall be under the 
direction and supervision of the Chief of the National Guard Bureau.
    (c) Duties.--
            (1) In general.--The duties of the Office shall be to 
        undertake complex administrative investigations of matters 
        relating to members of the National Guard when in State status, 
        including investigations of sexual assault involving a member 
        of the National Guard in such status, upon the request of any 
        of the following:
                    (A) The Chief of the National Guard Bureau.
                    (B) An adjutant general of a State or territory or 
                the District of Columbia.
                    (C) The governor of a State or territory, or the 
                Commanding General of the National Guard of the 
                District of Columbia.
            (2) Complex administrative investigations.--For purposes of 
        this subsection, a complex administrative investigation is any 
        investigation (as specified by the Chief of the National Guard 
        Bureau for purposes of this section) involving factors giving 
        rise to unusual complexity in investigation, including the 
        following:
                    (A) Questions of jurisdiction between the United 
                States and a State or territory.
                    (B) Matters requiring specialized training among 
                investigating officers.
                    (C) Matters raising the need for an independent 
                investigation in order to ensure fairness and 
                impartiality in investigation.
            (3) Matters relating to members of the national guard in 
        state status.--The determination whether or not a matter 
        relates to a member of the National Guard when in State status 
        for purposes of this section shall be made by the Chief of the 
        National Guard Bureau in accordance with criteria specified by 
        the Chief of the National Guard Bureau for purposes of this 
        section.
    (d) Chief of National Guard Bureau Treatment of Final Reports.--The 
Chief of the National Guard Bureau shall treat any final report of the 
Office on a matter under this section as if such report were the report 
of an Inspector General of the Department of Defense or a military 
department on such matter.
    (e) Reports to Congress.--
            (1) Submittal of final reports to congressional 
        delegations.--Upon the adoption by the Office of a final report 
        on an investigation undertaken by the Office pursuant to this 
        section, the Chief of the National Guard Bureau shall submit 
        such report (with any personally identifying information 
        appropriately redacted) to the members of Congress from the 
        State or territory concerned.
            (2) Annual reports.--The Chief of the National Guard Bureau 
        shall submit to Congress each year a report on the 
        investigations undertaken by the Office pursuant to this 
        section during the preceding year. Each report shall include, 
        for the year covered by such report, the following:
                    (A) A summary description of the investigations 
                undertaken during such year, including any trends in 
                matters subject to investigation and in findings as a 
                result of investigations.
                    (B) Information, set forth by State and territory, 
                on the investigations undertaken during such year 
                involving allegations of sexual assault involving a 
                member of the National Guard.
                    (C) Such other information and matters on the 
                investigations undertaken during such year as the Chief 
                of the National Guard Bureau considers appropriate.
    (f) Personnel and Other Capabilities.--The Chief of the National 
Guard Bureau shall ensure that the Office maintains the personnel and 
other capabilities necessary for the discharge of the duties of the 
Office under this section.
    (g) Procedures and Instructions.--The Chief of the National Guard 
Bureau shall issue, and may from time to time update, procedures and 
instructions necessary for the discharge of the duties of the Office 
under this section.
    (h) Repeal of Superseded Instruction.--Chief of the National Guard 
Bureau Instruction CNGBI 0400.01, dated July 30, 2012, shall have no 
further force or effect.
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