Sec. 427. Flag officer review of, and concurrence in, separation of members who have reported sexual misconduct
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Not later than 120 days after the date of enactment of this Act, the Commandant shall establish, with respect to any proposed involuntary separation under chapter 59 of title 10, United States Code, a Coast Guard policy to review the circumstances of, and grounds for, such a proposed involuntary separation of any member of the Coast Guard who— made a restricted or unrestricted report of covered misconduct (as such term is defined in section 2519 of title 14, United States Code); within 2 years after making such a report, is recommended for involuntary separation from the Coast Guard; and requests the review on the grounds that the member believes the recommendation for involuntary separation from the Coast Guard was initiated in retaliation for making the report.
The policy established under subsection
(a)shall set forth a process for the recusal of commanding officers and the flag officer described in subsection (c)(2) from making initial or subsequent decisions on proposed separations or from reviewing proposed separations. The recusal process established under paragraph
(1)shall specify criteria for recusal, including mandatory recusal from making a decision on a proposed separation, and from reviewing a proposed separation, if the commanding officer or the flag officer described in subsection (c)(2) was, at any time— the subject of a complaint of any form of assault, harassment, or retaliation, filed by the member of the Coast Guard described in subsection
(a)who is the subject of a proposed involuntary separation or whose proposed separation is under review; or associated with the individual suspected or accused of perpetrating the incident of covered misconduct reported by such member. The policy established under subsection
(a)shall require the concurrence of the flag officer described in paragraph
(2)in order to separate the member of the Coast Guard described in such subsection. Except as provided in subparagraph (B), the flag officer described in this paragraph is— the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy; or a designee of the Deputy Commandant for Mission Support (or the successor Vice Admiral that oversees personnel policy) who is in a grade not lower than O–7. In the case of a member of the Coast Guard described in subsection
(a)who is in the immediate chain of command of the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy or the designee of the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy, the flag officer described in this paragraph is a flag officer outside the chain of command of such member, as determined by the Commandant consistent with the policy established under subsection (a). Any member of the Coast Guard who has made a report of covered misconduct and who receives a proposal for involuntary separation shall be notified at the time of such proposal of the right of the member to a review under this section.