S.Amdt. 1516

SA 1516. Ms. MURKOWSKI 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 and for military construction, 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 subtitle E of title X, add the following:

SEC. 1049. 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.

SEC. 1050. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
SERIOUS MISCONDUCT WITHIN THE NATIONAL GUARD.

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 congressional defense committees a report
setting forth the following:
(1) An evaluation of the effectiveness of the authorities
of the Secretary of Defense and the Chief of the National
Guard Bureau to investigate and respond on their own
initiative to allegations of serious misconduct, including
but not limited to sexual assault, sexual harassment,
violations of Federal law, retaliation, and waste, fraud, and
abuse arising in operations of the National Guard in Federal
status and in State status.
(2) An evaluation of the effectiveness of the mechanisms
available to the Secretary of Defense, the Secretaries of the
military departments, and the Chief of the National Guard to
receive, process, and monitor the disposition of allegations
described in paragraph (1), whether first brought to the
attention of the Federal government or the Adjutants General.
(3) An evaluation of the effectiveness of the process used
to determine whether allegations described in paragraph (1)
are investigated by the Department of Defense, the Inspector
General of the Department of Defense, the Inspector General
of the National Guard Bureau, the Inspectors General of the
military departments, the Office of Complex Administrative
Investigations of the National Guard Bureau, Federal military
or civilian law enforcement agencies, or other agencies in
the first instance, and the coordination of investigations
among such agencies
(4) An evaluation of the effectiveness of the monitoring of
investigations into allegations described in paragraph (1) by
the Secretary of Defense, the Secretaries of the military
departments, and the Chief of the National Guard Bureau which
are undertaken by Federal agencies and those undertaken under
the direction of the Adjutants General.
(5) An evaluation of the effectiveness of the process used
for disposing of substantiated allegations described in
paragraph (1), whether by prosecution or administrative
action, and the consistency in the disposition of allegations
of a similar nature across the National Guard.
(6) An evaluation of the effectiveness of State codes of
military justice in prosecuting members of the National Guard
for serious misconduct described in paragraph (1), and an
assessment whether chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), should be extended to
authorize prosecution of some or all offenses committed by
members of the National Guard while in State status.
(7) An evaluation of the effectiveness of mechanisms to
protect the confidentiality of members of the National Guard
who report allegations described in paragraph (1) and to
prevent retaliation against such members.
(8) An evaluation of the effectiveness of the National
Guard Bureau in preventing and proactively identifying
instances of serious misconduct described in paragraph (1),
including the availability and effectiveness of hotlines
through which members of the National Guard who are
uncomfortable reporting their concerns through State channels
may bring them to the attention of the National Guard Bureau
and the use of command climate surveys in identifying serious
misconduct.
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