II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard Inves5 tigations Transparency and Improvement Act of 2014’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 2875 IS

1 SEC. 2. CODIFICATION IN LAW OF ESTABLISHMENT AND 

2 DUTIES OF THE OFFICE OF COMPLEX ADMIN3 ISTRATIVE INVESTIGATIONS IN THE NA4 TIONAL GUARD BUREAU. 

5 (a) IN GENERAL.—There is in the Office of the Chief 

6 of the National Guard Bureau the Office of Complex Ad7 ministrative Investigations (in this section referred to as 

8 the ‘‘Office’’). 

9 (b) DIRECTION AND SUPERVISION.—The Office shall 

10 be under the direction and supervision of the Chief of the 

11 National Guard Bureau. 

12 (c) DUTIES.— 

13 (1) IN GENERAL.—The duties of the Office 

14 shall be to undertake complex administrative inves15 tigations of matters relating to members of the Na16 tional Guard when in State status, including inves17 tigations of sexual assault involving a member of the 

18 National Guard in such status, upon the request of 

19 any of the following: 

20 (A) The Chief of the National Guard Bu21 reau. 

22 (B) An adjutant general of a State or ter23 ritory or the District of Columbia. 

24 (C) The governor of a State or territory, or 

25 the Commanding General of the National 

26 Guard of the District of Columbia. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 2875 IS

1 (2) COMPLEX ADMINISTRATIVE INVESTIGA2 TIONS.—For purposes of this subsection, a complex 

3 administrative investigation is any investigation (as 

4 specified by the Chief of the National Guard Bureau 

5 for purposes of this section) involving factors giving 

6 rise to unusual complexity in investigation, including 

7 the following: 

8 (A) Questions of jurisdiction between the 

9 United States and a State or territory. 

10 (B) Matters requiring specialized training 

11 among investigating officers. 

12 (C) Matters raising the need for an inde13 pendent investigation in order to ensure fair14 ness and impartiality in investigation. 

15 (3) MATTERS RELATING TO MEMBERS OF THE

16 NATIONAL GUARD IN STATE STATUS.—The deter17 mination whether or not a matter relates to a mem18 ber of the National Guard when in State status for 

19 purposes of this section shall be made by the Chief 

20 of the National Guard Bureau in accordance with 

21 criteria specified by the Chief of the National Guard 

22 Bureau for purposes of this section. 

23 (d) CHIEF OF NATIONAL GUARD BUREAU TREAT24 MENT OF FINAL REPORTS.—The Chief of the National 

25 Guard Bureau shall treat any final report of the Office 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 2875 IS

1 on a matter under this section as if such report were the 

2 report of an Inspector General of the Department of De3 fense or a military department on such matter. 

4 (e) REPORTS TO CONGRESS.— 

5 (1) SUBMITTAL OF FINAL REPORTS TO CON6 GRESSIONAL DELEGATIONS.—Upon the adoption by 

7 the Office of a final report on an investigation un8 dertaken by the Office pursuant to this section, the 

9 Chief of the National Guard Bureau shall submit 

10 such report (with any personally identifying informa11 tion appropriately redacted) to the members of Con12 gress from the State or territory concerned. 

13 (2) ANNUAL REPORTS.—The Chief of the Na14 tional Guard Bureau shall submit to Congress each 

15 year a report on the investigations undertaken by 

16 the Office pursuant to this section during the pre17 ceding year. Each report shall include, for the year 

18 covered by such report, the following: 

19 (A) A summary description of the inves20 tigations undertaken during such year, includ21 ing any trends in matters subject to investiga22 tion and in findings as a result of investiga23 tions. 

24 (B) Information, set forth by State and 

25 territory, on the investigations undertaken durVerDate Sep 11 2014 02:20 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875

SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 2875 IS

1 ing such year involving allegations of sexual as2 sault involving a member of the National 

3 Guard. 

4 (C) Such other information and matters on 

5 the investigations undertaken during such year 

6 as the Chief of the National Guard Bureau con7 siders appropriate. 

8 (f) PERSONNEL AND OTHER CAPABILITIES.—The 

9 Chief of the National Guard Bureau shall ensure that the 

10 Office maintains the personnel and other capabilities nec11 essary for the discharge of the duties of the Office under 

12 this section. 

13 (g) PROCEDURES AND INSTRUCTIONS.—The Chief of 

14 the National Guard Bureau shall issue, and may from 

15 time to time update, procedures and instructions nec16 essary for the discharge of the duties of the Office under 

17 this section. 

18 (h) REPEAL OF SUPERSEDED INSTRUCTION.—Chief 

19 of the National Guard Bureau Instruction CNGBI 

20 0400.01, dated July 30, 2012, shall have no further force 

21 or effect. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS