Sec. 425. Modifications and revisions relating to reopening retired grade determinations
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/bill/119/s/524/es/section-425A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2501(d)(2) of title 14, United States Code, is amended— in subparagraph
(B)by inserting a before competent authority ; by redesignating subparagraphs
(C)through
(E)as subparagraphs
(F)through (H), respectively; and by inserting after subparagraph
(B)the following: substantial evidence comes to light that, during the commissioned service of the officer, the officer failed to carry out applicable laws, with an intent to deceive or defraud; substantial evidence comes to light after the retirement that the officer committed rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice) at any time during the commissioned service of the officer; substantial evidence comes to light after the retirement that the commissioned officer knew of and failed to report through proper channels, in accordance with existing law at the time of the alleged incident, any known instances of sexual assault by a member of the Coast Guard under the command of the officer during the officer’s service; . Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue or revise, as applicable, and at the discretion of the Secretary consistent with this section, regulations of the Coast Guard to do the following: Define what constitutes good cause to reopen a retired grade determination referred to in subparagraph
(H)of section 2501(d)(2) of title 14, United States Code, as redesignated by subsection (a), to ensure that the following shall be considered good cause for such a reopening: Circumstances that constitute a failure to carry out applicable laws regarding a report of sexual assault with an intent to deceive by a commissioned officer, that relate to a response made to a report of sexual assault, during the commissioned service of the officer. Substantial evidence of sexual assault by the commissioned officer concerned, at any time during the commissioned service of such officer, or such evidence that was not considered by the Coast Guard in a manner consistent with law. Identify the standard for making, and the evidentiary showing required to support, an adverse determination on the retired grade of a commissioned officer. Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall revise applicable guidance in section K.10 of chapter 3 of Commandant Instruction 1000.4A to remove any restriction that limits the ability to reopen the retired grade of a commissioned officer based on— whether new evidence is discovered contemporaneously with or within a short time period after the date of retirement of the officer concerned; and whether the misconduct concerned was not discoverable through due diligence. No provision of this section or the amendments made by this section shall be construed to permit a review of conduct that was not in violation of law or policy at the time of the alleged conduct.