Sec. 406. Modification of reporting requirements on covered misconduct in Coast Guard
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Section 1902 of title 14, United States Code, is further amended— in the section heading by striking and inserting Policy on sexual harassment and sexual violence ; and Academy policy and report on covered misconduct by striking subsections
(c)through
(e)and inserting the following: The Commandant shall direct the Superintendent of the Coast Guard Academy to conduct at the Coast Guard Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to covered misconduct involving cadets or other military or civilian personnel of the Academy. For the assessment at the Academy under paragraph
(1)with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other military and civilian personnel of the Academy— to measure the incidence, during such program year— of covered misconduct events, on or off the Academy campus, that have been reported to an official of the Academy; of covered misconduct events, on or off the Academy campus, that have not been reported to an official of the Academy; and of retaliation related to a report of a covered misconduct event, on or off the Academy campus; and to assess the perceptions of the cadets and other military and civilian personnel of the Academy with respect to— the Academy’s policies, training, and procedures on covered misconduct involving cadets and other military and civilian personnel of the Academy; the enforcement of such policies; the incidence of covered misconduct involving cadets and other military and civilian personnel of the Academy; and any other issues relating to covered misconduct involving cadets and other military and civilian personnel of the Academy. Not earlier than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2025 , and each March 1 thereafter through March 1, 2031, the Commandant shall direct the Superintendent to submit to the Commandant a report on incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military and civilian personnel of the Academy. Each report required under paragraph
(1)shall include the following: Information and data on all incidents of covered misconduct and retaliation described in paragraph
(1)reported to the Superintendent or any other official of the Academy during the preceding Academy program year (referred to in this subsection as a reported incident ), The number of reported incidents committed against a cadet or any other military or civilian personnel of the Academy. The number of reported incidents committed by a cadet or any other military or civilian personnel of the Academy. Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 1561 note), to the maximum extent practicable. The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match. The number of reported incidents that were substantiated (referred to in this subsection as a substantiated reported incident ). A synopsis of each substantiated reported incident that includes— a brief description of the nature of the incident; whether the accused cadet or other military or civilian personnel of the Academy had previously been convicted of sexual assault; and whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement. The type of case disposition associated with each substantiated reported incident, such as— conviction and sentence by court-martial, including charges and specifications for which convicted; acquittal of all charges at court-martial; as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice); as appropriate, administrative action taken, including a description of each type of such action imposed; dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and whether the accused cadet or other military or civilian personnel of the Academy was administratively separated or, in the case of an officer, allowed to resign in lieu of court martial, and the characterization (honorable, general, or other than honorable) of the service of the military member upon separation or resignation. With respect to any incident of covered misconduct involving cadets or other military and civilian personnel of the Academy reported to the Superintendent or any other official of the Academy during the preceding Academy program year that involves a report of retaliation relating to the incident— a narrative description of the retaliation claim; the nature of the relationship between the complainant and the individual accused of committing the retaliation; and the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation. With respect to any investigation of a reported incident— whether the investigation is in open or completed status; an identification of the investigating entity; whether a referral has been made to outside law enforcement entities; in the case of an investigation that is complete, a description of the results of such an investigation and information with respect to whether the results of the investigation were provided to the complainant; and whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice). With respect to the information and data required under subparagraph (A), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses. Subject to subsection (f), beginning on the date of enactment of the Coast Guard Authorization Act of 2025 , each report required under paragraph
(1)shall include an analysis of trends in incidents described in paragraph (1), as applicable, since the date of the enactment of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 ). Each report required under paragraph
(1)shall include, for the preceding Academy program year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in paragraph
(1)involving a cadet or any other military or civilian personnel of the Academy. Each report required under paragraph
(1)shall include a plan for actions to be taken during the year following the Academy program year covered by the report to enhance the prevention of and response to incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy. Each report required under paragraph
(1)shall include an assessment of the adequacy of covered misconduct prevention and response carried out by the Academy during the preceding Academy program year. Each report required under paragraph
(1)shall include, for incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy— an analysis of the factors that may have contributed to such incidents; an assessment of the role of such factors in contributing to such incidents during such Academy program year; and recommendations for mechanisms to eliminate or reduce such contributing factors. Each report under paragraph
(1)for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted under subsection (c)(2) in such Academy program year. For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purpose of ascertaining information relating to covered misconduct issues at the Academy. Not later than 270 days after the date on which the Commandant receives a report from the Superintendent under paragraph (1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, as an enclosure or appendix to the report required by section 5112— the report of the Superintendent; the comments of the Commandant with respect to the report; and relevant information gathered during a focus group under subparagraph
(A)during the Academy program year covered by the report, as applicable. Not later than 180 days after the date on which the Commandant submits a report under subparagraph (A), the Commandant shall provide a briefing on the report submitted under subparagraph
(A)to— the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and the Secretary of Homeland Security. To the extent that information collected or reported under the authority of this section, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims. In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised. . Section 5112 of title 14, United States Code, is amended to read as follows: Not later than March 1 each year, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on incidents of covered misconduct involving members of the Coast Guard, including recruits and officer candidates, and claims of retaliation related to the reporting of any such incident. In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised. Each report required under subsection
(a)shall include, for the preceding calendar year, information and data on— incidents of covered misconduct; and incidents of retaliation against a member of the Coast Guard related to the reporting of covered misconduct, disaggregated by type of retaliation claim. The information and data on the incidents described in clause
(i)shall include the following: All incidents of covered misconduct and retaliation described in clause
(i)reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a reported incident ). The number of reported incidents committed against members of the Coast Guard. The number of reported incidents committed by members of the Coast Guard. Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 1561 note), to the maximum extent practicable. The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match. The number of reported incidents that were substantiated (referred to in this subsection as a substantiated reported incident ). A synopsis of each substantiated reported incident that includes— a brief description of the nature of the incident; whether the accused member has previously been convicted of sexual assault; and whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement. The type of case disposition associated with each substantiated reported incident, such as— conviction and sentence by court-martial, including charges and specifications for which convicted; acquittal of all charges at court-martial; as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice); as appropriate, administrative action taken, including a description of each type of such action imposed; dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation. With respect to any incident of covered misconduct reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident— a narrative description of the retaliation claim; the nature of the relationship between the complainant and the individual accused of committing the retaliation; and the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation. The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident. With respect to any investigation of a reported incident— the status of the investigation or information relating to any referral to outside law enforcement entities; the official or office of the Coast Guard that received the complaint; a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice). With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses. Subject to subsection (b), beginning on the date of enactment of the Coast Guard Authorization Act of 2025 , each report required by subsection
(a)shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 ). Each report required under subsection
(a)shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving a member of the Coast Guard. Each report required under subsection
(a)shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving members of the Coast Guard. Each report required under subsection
(a)shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) carried out by the Coast Guard during the preceding calendar year. Each report required under subsection
(a)shall include, for incidents described in subparagraph (A)(i)— an analysis of the factors that may have contributed to such incidents; an assessment of the role of such factors in contributing to such incidents during such year; and recommendations for mechanisms to eliminate or reduce such contributing factors. Subject to subsection (b), each report required under subsection
(a)shall include, as a separate appendix or enclosure, for the preceding calendar year, information and data on— incidents of covered misconduct involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School; and incidents of retaliation against such a recruit or officer candidate related to the reporting of covered misconduct, disaggregated by type of retaliation claim. The information and data on the incidents described in clause
(i)shall include the following: All incidents of covered misconduct and retaliation described in clause
(i)reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a reported incident ). The number of reported incidents committed against recruits and officer candidates described in clause (i)(I). The number of reported incidents committed by such recruits and officer candidates. Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 1561 note), to the maximum extent practicable. The number of reported incidents that were entered into the Catch a Serial Offender system. Of such reported incidents entered into such system, the number that resulted in the identification of a potential or confirmed match. The number of reported incidents that were substantiated (referred to in this subsection as a substantiated reported incident ). A synopsis of each substantiated reported incident that includes— a brief description of the nature of the incident; and whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement. The type of case disposition associated with each substantiated reported incident, such as— conviction and sentence by court-martial, including charges and specifications for which convicted; acquittal of all charges at court-martial; as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice); as appropriate, administrative action taken, including a description of each type of such action imposed; dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation. With respect to any incident of covered misconduct involving recruits or officer candidates reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident— a narrative description of the retaliation claim; the nature of the relationship between the complainant and the individual accused of committing the retaliation; and the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation. The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident. With respect to any investigation of a reported incident— the status of the investigation or information relating to any referral to outside law enforcement entities; the official or office of the Coast Guard that received the complaint; a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice). With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses. Subject to subsection (b), beginning on the date of enactment of Coast Guard Authorization Act of 2025 , each report required by subsection
(a)shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 ). Each report required under subsection
(a)shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving— a recruit of the Coast Guard at Training Center Cape May; or an officer candidate at the Coast Guard Officer Candidate School. Each report required under subsection
(a)shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School. Each report required under subsection
(a)shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) of this paragraph carried out by the Coast Guard during the preceding calendar year. Each report required under subsection
(a)shall include, for incidents described in subparagraph (A)(i)— an analysis of the factors that may have contributed to such incidents; an assessment of the role of such factors in contributing to such incidents during such year; and recommendations for mechanisms to eliminate or reduce such contributing factors. Each report required under subsection
(a)submitted during the 5-year period beginning on March 1, 2025, shall include information on the implementation by the Commandant of the directed actions described in the memorandum of the Coast Guard titled Commandant’s Directed Actions—Accountability and Transparency , issued on November 27, 2023, including— a description of actions taken to address each directed action during the year covered by the report; the implementation status of each directed action; in the case of any directed action that has not been implemented— a detailed action plan for implementation of the recommendation; an estimated timeline for implementation of the recommendation; description of changes the Commandant intends to make to associated Coast Guard policies so as to enable the implementation of the recommendation; and any other information the Commandant considers appropriate; a description of the metrics and milestones used to measure completion, accountability, and effectiveness of each directed action; a description of any additional actions the Commandant is taking to mitigate instances of covered misconduct within the Coast Guard; any legislative change proposal necessary to implement the directed actions; and a detailed list of funding necessary to implement the directed actions in a timely and effective manner, including a list of personnel needed for such implementation. To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims. In this section, the term substantiated has the meaning given the term under section 1631(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( 10 U.S.C. 1561 note). . The table of sections for chapter 19 of title 14, United States Code, is amended by striking the item relating to section 1902 and inserting the following new item: 1902. Academy policy and report on covered misconduct. . The table of sections for chapter 51 of title 14, United States Code, is amended by striking the item relating to section 5112 and inserting the following new item: 5112. Covered misconduct in the Coast Guard. .
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- Pub. L. 112-213
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Sec. 406
Modification of reporting requirements on covered misconduct in Coast Guard
Pub. L.Pub. L. 112-213
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