Coast Guard Protection and Accountability Act of 2024
A BILL
To protect members of the Coast Guard from sexual assault and harassment and increase transparency within the Coast Guard, and for other purposes.
Sec. 2 Findings
Congress finds the following:
In 2014, the Coast Guard initiated Operation Fouled Anchor, an investigation that revealed reports of rapes, sexual assaults, and other forms of harassment at the Coast Guard Academy from the 1990s until 2006.
During the period investigated, and partly driven by efforts to protect the reputation of the Coast Guard, the Coast Guard repeatedly mishandled cases of sexual assault, failed to protect victims, and did not hold perpetrators properly accountable.
Furthermore, until prompted by a news report published in 2023, the Coast Guard buried the findings of Operation Fouled Anchor by failing to share the findings with Congress and the public, and neglected to make needed reforms and cultural changes within the service.
In November 2023, the Coast Guard published an Accountability and Transparency Review. As a result of the review, the Commandant of the Coast Guard directed the implementation of actions in support of the Accountability and Transparency Review. The directed actions include structural changes, training improvements, and greater support and guidance for members of the Coast Guard who are victims of sexual assault and harassment.
To ensure public confidence in the service, the Coast Guard requires additional oversight and accountability to affect the improvements and protections deserved by service members of the Coast Guard.
Sec. 3 Implementation status of directed actions
In general— Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
“5116. Implementation status of directed actions
“(a) In general—Not later than March 1, 2025, and not later than March 1 of each of the 3 subsequent years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of each directed action outlined in enclosure 1 of the memorandum of the Commandant titled “Commandant’s Directed Actions—Accountability and Transparency”, dated November 27, 2023.
“(b) Contents—The report required under section (a) shall contain the following:
“(1) The status of the implementation of each directed action from enclosure 1 of the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023.
“(2) A plan and timeline for the next steps to be taken to complete outstanding directed actions in enclosure 1 of the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023, including identifying the individual the Commandant has selected to ensure the successful completion of each directed action.
“(3) Metrics to determine the effectiveness of each directed action in such enclosure.
“(4) Any additional actions the Commandant is taking to mitigate instances of sexual assault and sexual harassment within the Coast Guard.”
Clerical amendment— The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Sec. 4 Independent review of Coast Guard reforms
Government Accountability Office report—
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the efforts of the Coast Guard to mitigate cases of sexual assault and sexual harassment within the service.
Elements— The report required under paragraph (1) shall—
evaluate—
the efforts of the Commandant of the Coast Guard to implement the directed actions from enclosure 1 of the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023;
whether the Commandant of the Coast Guard met the reporting requirements under section 5112 of title 14, United States Code; and
the effectiveness of the actions of the Coast Guard, including efforts outside of the actions described in the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023, to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard, and how the Coast Guard is overcoming challenges in implementing such actions;
make recommendations to the Commandant for improvements to the efforts of the service to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard; and
make recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate to mitigate instances of sexual assault and sexual harassment in the Coast Guard and improve the enforcement relating to such instances within the Coast Guard, including proposed changes to any legislative authorities.
Report by the Commandant— Not later than 90 days after the date on which the Comptroller General completes all actions under subsection (a), the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the following:
A plan for Coast Guard implementation, including interim milestones and timeframes, of any recommendation made by the Comptroller General under subsection (a)(2)(B) with which the Commandant concurs.
With respect to any recommendation made under subsection (a)(2)(B) with which the Commandant does not concur, an explanation of the reasons why the Commandant does not concur.
Sec. 5 Requirement to maintain certain records
In general— Chapter 9 of title 14, United States Code, is amended by adding at the end the following:
“955. Requirement to maintain certain records
“(a) In general—The Commandant of the Coast Guard shall maintain all work product related to final action documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of misconduct for not less than 7 years from date of the disposition decision.
“(b) Final action memo—Upon a final action documenting a disposition decision described in subsection (a), the convening authority or final decision-making authority, as applicable, shall sign a final action memo that includes the following:
“(1) A reference section listing the materials reviewed in making a disposition decision.
“(2) The Coast Guard Investigative Service report of investigation listed as either a reference or an enclosure.
“(3) The prosecution memo, signed by the convening authority or the final decision-making authority, listed and included as an enclosure.
“(4) The completed Coast Guard Investigative Service report of adjudication listed and included as an enclosure.
“(5) The disposition decision.
“(c) Work product—In this section, the term work product includes—
“(1) a prosecution memo;
“(2) emails, notes, and other correspondence related to a disposition decision; and
“(3) the content described in paragraphs (1) through (5) of subsection (b).”
Clerical amendment— The analysis for chapter 9 of title 14, United States Code, is amended by adding at the end the following:
Sec. 6 Study on Coast Guard Academy oversight
In general— Not later than 30 days after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with relevant stakeholders, shall conduct a study on the governance of the Coast Guard Academy, including examining the roles, responsibilities, authorities, advisory functions, and membership qualifications and expertise of the Board of Visitors and Board of Trustees of such Academy.
Report— Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written report that contains—
the results of the study required under subsection (a); and
recommendations to improve governance at the Coast Guard Academy.
Sec. 7 Providing for the transfer of a cadet who is the victim of a sexual assault or related offense
Section 1902 of title 14, United States Code, is amended by adding at the end the following:
“(f) Consideration of request for transfer of cadet who is the victim of sexual assault or related offense
“(1) In general—The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to a Service Academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
“(2) Rulemaking—The Commandant shall prescribe regulations to carry out this subsection that—
“(A) ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet is processed as expeditiously as practicable for review and action by the Superintendent;
“(B) direct the Superintendent of the Coast Guard Academy, in coordination with the Superintendent of the Service Academy to which the cadet requests to transfer—
“(i) to act on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
“(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and
“(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the Service Academy concerned as expeditiously as possible; and
“(C) direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
“(i) to act on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
“(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and
“(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible.
“(3) Denial of transfer request—If the Superintendent of the Coast Guard Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Department in which the Coast Guard is operating, who shall act on such request not later than 72 hours after receipt of the formal request for review.
“(4) Confidentiality of records—The Secretary of the Department in which the Coast Guard is operating shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
“(5) Appointment to Service Academy—A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the Service Academy to which the cadet transfers without regard to the limitations and requirements described in sections 7442, 8454, and 9442 of title 10.
“(6) Appointment upon graduation
“(A) Preference—A cadet who transfers under this subsection to a Service Academy, is entitled, before graduating from such Academy, to state the preference of the cadet for appointment, upon graduation, as a commissioned officer in the Coast Guard.
“(B) Manner of appointment—Upon graduation, a cadet described in subparagraph (A) is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy as described in section 2101.
“(7) Commission into Coast Guard—A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard as described in section 3738a.
“(8) Service Academy defined—In this subsection, the term “Service Academy” has the meaning given such term in section 347 of title 10.”
Sec. 8 Designation of officers with particular expertise in military justice or healthcare
In general— Subchapter I of chapter 21 of title 14, United States Code is amended by adding at the end the following:
“2132. Designation of officers with particular expertise in military justice or healthcare
“(a) Secretary designation—The Secretary may designate a limited number of officers of the Coast Guard as having particular expertise in—
“(1) military justice; or
“(2) healthcare.
“(b) Promotion and grade—An individual designated under this section—
“(1) shall not be included on the active duty promotion list;
“(2) shall be promoted under section 2126; and
“(3) may not be promoted to a grade higher than captain.”
Clerical amendment— The analysis for chapter 21 of such title is amended by inserting after the item relating to section 2131 the following:
Conforming amendments—
Section 2102(a) of title 14, United States Code, is amended, in the second sentence, by striking “and officers of the permanent commissioned teaching staff of the Coast Guard Academy” and inserting “officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant to section 2132”.
Subsection (e) of section 2103 of such title is amended to read as follows:
“(e) Secretary To prescribe numbers for certain officers—The Secretary shall prescribe the number of officers authorized to be serving on active duty in each grade of—
“(1) the permanent commissioned teaching staff of the Coast Guard Academy;
“(2) the officers designated by the Secretary pursuant to section 2132; and
“(3) the officers of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components.”
Section 2126 of such title is amended, in the second sentence, by inserting “and as to officers designated by the Secretary pursuant to section 2132” after “reserve components”.
Section 3736(a) of such title is amended—
in the first sentence, by striking “promotion list and the” inserting “promotion list, officers designated by the Secretary pursuant to section 2132, and the officers on the”; and
in the second sentence, by striking “promotion list or the” and inserting “promotion list, officers designated by the Secretary pursuant to section 2132, or the officers on the”.
Sec. 9 Direct hire authority for certain personnel of Coast Guard
In general— Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:
“2517. Direct hire authority for certain personnel of Coast Guard
“(a) In general—The Commandant of the Coast Guard may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5 (other than section 3303 and 3328 of such chapter), qualified candidates to any non-clinical specialist intended to engage in the integrated primary prevention of harmful behaviors, including suicide, sexual assault, harassment, domestic abuse, and child abuse and qualified candidates to any criminal investigative law enforcement position of the Coast Guard Criminal Investigative Service intended to engage in the primary response to such harmful behaviors.
“(b) Sunset—Effective on September 30, 2034, the authority provided under subsection (a) shall cease.”
Clerical amendment— The analysis of chapter 25 of such title is amended by inserting after the item related to section 2516 the following:
Sec. 10 Safe-to-report policy for Coast Guard
In general— Subchapter I of chapter 19 of title 14, United States Code, is amended by adding at the end the following:
“1907. Safe-to-report policy for Coast Guard
“(a) In general—The Secretary of the department in which the Coast Guard is operating shall, in consultation with the Secretaries of the military departments, issue such regulations as are necessary to establish the safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard) and cadets at the Coast Guard Academy.
“(b) Safe-to-Report policy—The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor collateral misconduct involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault.
“(c) Mitigating and aggravating circumstances—In issuing regulations under subsection (a), the Secretary shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.
“(d) Tracking of collateral misconduct incidents—In conjunction with the issuance of regulations under subsection (a), Secretary shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy established under such regulations.
“(e) Definition of minor collateral misconduct—In this section, the term “minor collateral misconduct” means any minor misconduct that is punishable under chapter 47 of title 10 that—
“(1) is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the sexual assault allegation;
“(2) is discovered as a direct result of the report of sexual assault or the ensuing investigation into such sexual assault; and
“(3) does not involve aggravating circumstances (as specified in the regulations issued under subsection (a)) that increase the gravity of the minor misconduct or the impact of such misconduct on good order and discipline.”
Clerical amendment— The analysis for chapter 19 of title 14, United States Code, is amended by inserting after the item relating to section 1906 the following:
Sec. 11 Modification of delivery date of Coast Guard sexual assault report
Section 5112(a) of title 14, United States Code, is amended by striking “January 15” and inserting “March 1”.
Sec. 12 Higher-level review of board of determination decisions
in the first sentence by striking “The Secretary” and inserting the following:
“(a) In general—The Secretary”
by adding at the end the following:
“(b) Higher-Level review of sexual assault cases
“(1) In general—If a board convened under this section determines that the officer should be retained when the officer’s record indicates that the officer has committed a sexual assault offense, the board shall forward the record of the proceedings and recommendation of the board for higher-level review, in accordance with regulations prescribed by the Secretary.
“(2) Authority—The official exercising higher-level review shall have authority to forward the case for consideration by a Board of Inquiry in accordance with section 2159.
“(c) Sexual assault offense—In this section, the term “sexual assault offense” means a violation of section 920 or 920b of title 10, United States Code (article 120 or 120b of the Uniform Code of Military Justice) or attempt to commit an offense specified under section 920 or 920b as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).”
Sec. 13 Review of discharge or dismissal
In general— Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:
“2517. Review of discharge or dismissal
“(a) Downgrade
“(1) In general—In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section may, upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge or dismissal to a general (under honorable conditions) discharge or dismissal upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of this title (article 120, 120b, or 134 of the Uniform Code of Military Justice).
“(2) Evidence—Any downgrade under paragraph (1) shall be supported by clear and convincing evidence.
“(3) Limitation—The review board under paragraph (1) may not downgrade a discharge or dismissal of a former member of the Coast Guard if the same action described in paragraph (1) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the Department in which the Coast Guard is operating.
“(b) Procedural rights
“(1) In general—A review by a board established under section 1553 of title 10 shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board.
“(2) Evidence by witness—A witness may present evidence to the board in person or by affidavit.
“(3) Appearance before board—A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
“(4) Notification—A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (b)(3) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.”
Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to section 2516 the following: