S. 2875 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2875 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. 1. Short title This Act may be cited as the National Guard Investigations Transparency and Improvement Act of 2014. 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.