[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7557 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7557

     To protect members of the Coast Guard from sexual assault and 
 harassment and increase transparency within the Coast Guard, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2024

   Mr. Webster of Florida (for himself, Mr. Carbajal, Mr. Graves of 
Missouri, and Mr. Larsen of Washington) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coast Guard 
Protection and Accountability Act of 2024''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Implementation status of directed actions.
Sec. 4. Independent review of Coast Guard reforms.
Sec. 5. Requirement to maintain certain records.
Sec. 6. Study on Coast Guard Academy oversight.
Sec. 7. Providing for the transfer of a cadet who is the victim of a 
                            sexual assault or related offense.
Sec. 8. Designation of officers with particular expertise in military 
                            justice or healthcare.
Sec. 9. Direct hire authority for certain personnel of Coast Guard.
Sec. 10. Safe-to-report policy for Coast Guard.
Sec. 11. Modification of delivery date of Coast Guard sexual assault 
                            report.
Sec. 12. Higher-level review of board of determination decisions.
Sec. 13. Review of discharge or dismissal.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 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.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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.

    (a) In General.--Chapter 51 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 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.''.
    (b) Clerical Amendment.--The analysis for chapter 51 of title 14, 
United States Code, is amended by adding at the end the following:

``5116. Implementation status of directed actions.''.

SEC. 4. INDEPENDENT REVIEW OF COAST GUARD REFORMS.

    (a) Government Accountability Office Report.--
            (1) 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.
            (2) Elements.--The report required under paragraph (1) 
        shall--
                    (A) evaluate--
                            (i) 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;
                            (ii) whether the Commandant of the Coast 
                        Guard met the reporting requirements under 
                        section 5112 of title 14, United States Code; 
                        and
                            (iii) 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;
                    (B) 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
                    (C) 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.
    (b) 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:
            (1) 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.
            (2) 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.

    (a) In General.--Chapter 9 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 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).''.
    (b) Clerical Amendment.--The analysis for chapter 9 of title 14, 
United States Code, is amended by adding at the end the following:

``955. Requirement to maintain certain records.''.

SEC. 6. STUDY ON COAST GUARD ACADEMY OVERSIGHT.

    (a) 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.
    (b) 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--
            (1) the results of the study required under subsection (a); 
        and
            (2) 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.

    (a) In General.--Subchapter I of chapter 21 of title 14, United 
States Code is amended by adding at the end the following:
``Sec. 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.''.
    (b) Clerical Amendment.--The analysis for chapter 21 of such title 
is amended by inserting after the item relating to section 2131 the 
following:

``2132. Designation of officers with particular expertise in military 
                            justice or healthcare.''.
    (c) Conforming Amendments.--
            (1) 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''.
            (2) 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.''.
            (3) 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''.
            (4) Section 3736(a) of such title is amended--
                    (A) 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
                    (B) 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.

    (a) In General.--Subchapter I of chapter 25 of title 14, United 
States Code, is amended by adding at the end the following:
``Sec. 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.''.
    (b) Clerical Amendment.--The analysis of chapter 25 of such title 
is amended by inserting after the item related to section 2516 the 
following:

``2517. Direct hire authority for certain personnel of United States 
                            Coast Guard.''.

SEC. 10. SAFE-TO-REPORT POLICY FOR COAST GUARD.

    (a) In General.--Subchapter I of chapter 19 of title 14, United 
States Code, is amended by adding at the end the following:
``Sec. 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.''.
    (b) 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:

``1907. Safe-to-report policy for Coast Guard.''.

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.

    (a) In General.--Section 2158 of title 14, United States Code, is 
amended--
            (1) in the first sentence by striking ``The Secretary'' and 
        inserting the following:
    ``(a) In General.--The Secretary''; and
            (2) 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.

    (a) In General.--Subchapter I of chapter 25 of title 14, United 
States Code, is amended by adding at the end the following:
``Sec. 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.''.
    (b) 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:

``2517. Review of discharge or dismissal.''.
                                 <all>