H.R. 7557

[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>