Covered misconduct in Coast Guard

14 U.S.C. § 2533
in effect
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(a) In General.—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. (b) Continuity of Data and Reporting.—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. (c) Contents.—(1) Incidents involving members.—(A) Information and data.—(i) In general.—Each report required under subsection (a) shall include, for the preceding calendar year, information and data on—(I) incidents of covered misconduct; and (II) incidents of retaliation against a member of the Coast Guard related to the reporting of covered misconduct, disaggregated by type of retaliation claim. (ii) Inclusions.—The information and data on the incidents described in clause (i) shall include the following:(I) 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”). (II) The number of reported incidents committed against members of the Coast Guard. (III) The number of reported incidents committed by members of the Coast Guard. (IV) 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. (V) 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. (VI) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”). (VII) A synopsis of each substantiated reported incident that includes—(aa) a brief description of the nature of the incident; (bb) whether the accused member has previously been convicted of sexual assault; and (cc) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement. (VIII) The type of case disposition associated with each substantiated reported incident, such as—(aa) conviction and sentence by court-martial, including charges and specifications for which convicted; (bb) acquittal of all charges at court-martial; (cc) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice); (dd) as appropriate, administrative action taken, including a description of each type of such action imposed; (ee) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and (ff) 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. (IX) 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—(aa) a narrative description of the retaliation claim; (bb) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and (cc) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation. (X) 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. (XI) With respect to any investigation of a reported incident—(aa) the status of the investigation or information relating to any referral to outside law enforcement entities; (bb) the official or office of the Coast Guard that received the complaint; (cc) 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 (dd) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice). (iii) Format.—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. (B) Trends.—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). (C) Response.—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. (D) Plan.—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. (E) Covered misconduct prevention and response activities.—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. (F) Contributing factors.—Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—(i) an analysis of the factors that may have contributed to such incidents; (ii) an assessment of the role of such factors in contributing to such incidents during such year; and (iii) recommendations for mechanisms to eliminate or reduce such contributing factors. (2) Incidents involving recruits and officer candidates.—(A) Information and data.—(i) In general.—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—(I) 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 (II) incidents of retaliation against such a recruit or officer candidate related to the reporting of covered misconduct, disaggregated by type of retaliation claim. (ii) Inclusions.—(I) In general.—The information and data on the incidents described in clause (i) shall include the following:(aa) 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”). (bb) The number of reported incidents committed against recruits and officer candidates described in clause (i)(I). (cc) The number of reported incidents committed by such recruits and officer candidates. (dd) 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. (ee)(AA) The number of reported incidents that were entered into the Catch a Serial Offender system. (BB) Of such reported incidents entered into such system, the number that resulted in the identification of a potential or confirmed match. (ff) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”). (gg) A synopsis of each substantiated reported incident that includes—(AA) a brief description of the nature of the incident; and (BB) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement. (hh) The type of case disposition associated with each substantiated reported incident, such as—(AA) conviction and sentence by court-martial, including charges and specifications for which convicted; (BB) acquittal of all charges at court-martial; (CC) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice); (DD) as appropriate, administrative action taken, including a description of each type of such action imposed; (EE) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and (FF) 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. (ii) 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—(AA) a narrative description of the retaliation claim; (BB) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and (CC) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation. (jj) 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. (kk) With respect to any investigation of a reported incident—(AA) the status of the investigation or information relating to any referral to outside law enforcement entities; (BB) the official or office of the Coast Guard that received the complaint; (CC) 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 (DD) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice). (II) Format.—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. (B) Trends.—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). (C) Response.—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—(i) a recruit of the Coast Guard at Training Center Cape May; or (ii) an officer candidate at the Coast Guard Officer Candidate School. (D) Plan.—Each report required under subsection (a) shall include a written and detailed 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. (E) Covered misconduct prevention and response activities.—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. (F) Contributing factors.—Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—(i) an analysis of the factors that may have contributed to such incidents; (ii) an assessment of the role of such factors in contributing to such incidents during such year; and (iii) recommendations for mechanisms to eliminate or reduce such contributing factors. (3) Implementation status of accountability and transparency review directed actions.—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) a description of actions taken to address each directed action during the year covered by the report; (B) the implementation status of each directed action; (C) in the case of any directed action that has not been implemented—(i) a detailed action plan for implementation of the recommendation; (ii) an estimated timeline for implementation of the recommendation; (iii) description of changes the Commandant intends to make to associated Coast Guard policies so as to enable the implementation of the recommendation; and (iv) any other information the Commandant considers appropriate; (D) a description of the metrics and milestones used to measure completion, accountability, and effectiveness of each directed action; (E) a description of any additional actions the Commandant is taking to mitigate instances of covered misconduct within the Coast Guard; (F) any legislative change proposal necessary to implement the directed actions; and (G) 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. (d) Victim Confidentiality.—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. (e) Substantiated Defined.—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).

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