Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct

14 U.S.C. § 2531
in effect
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(a) Issuance of Policy.—Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary, in consultation with the Office of the Inspector General of the department in which the Coast Guard is operating and the Office of the Inspector General of the Department of Defense, shall issue a comprehensive policy for the Coast Guard on the retention of and access to evidence and records relating to covered misconduct involving members of the Coast Guard. (b) Objectives.—The comprehensive policy required by subsection (a) shall revise existing policies and procedures, including systems of records, as necessary to ensure preservation of such evidence and records for periods sufficient—(1) to ensure that members of the Coast Guard who were victims of covered misconduct are able to pursue claims for veterans benefits; (2) to support administrative processes, criminal proceedings, and civil litigation conducted by military or civil authorities; and (3) for such other purposes relating to the documentation of an incident of covered misconduct in the Coast Guard as the Secretary considers appropriate. (c) Elements.—(1) In general.—In developing the comprehensive policy required by subsection (a), the Secretary shall, at a minimum—(A) identify records relating to an incident of covered misconduct that shall be retained; (B) with respect to records relating to covered misconduct involving members of the Coast Guard that are not records of the Coast Guard, identify such records known to or in the possession of the Coast Guard, and set forth procedures for Coast Guard coordination with the custodian of such records for proper retention of the records; (C) set forth criteria for the collection and retention of records relating to covered misconduct involving members of the Coast Guard; (D) identify physical evidence and nondocumentary forms of evidence relating to covered misconduct that shall be retained; (E) set forth the period for which evidence and records relating to covered misconduct involving members of the Coast Guard, including Coast Guard Form 6095, shall be retained, except that—(i) any physical or forensic evidence relating to 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), shall be retained not less than 50 years, and for other covered misconduct not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice; and (ii) documentary evidence relating to 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), shall be retained not less than 50 years; (F) consider locations in which such records shall be stored; (G) identify media and methods that may be used to preserve and ensure access to such records, including electronic systems of records; (H) ensure the protection of privacy of—(i) individuals named in records and status of records under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”) and section 552a of title 5 (commonly referred to as the “Privacy Act”); and (ii) individuals named in restricted reporting cases; (I) designate the 1 or more positions within the Coast Guard that shall have the responsibility for such record retention by the Coast Guard; (J) require education and training for members and civilian employees of the Coast Guard on record retention requirements under this section; (K) set forth criteria for access to such records relating to covered misconduct involving members of the Coast Guard, including whether the consent of the victim should be required, by—(i) victims of covered misconduct; (ii) law enforcement authorities; (iii) the Department of Veterans Affairs; and (iv) other individuals and entities, including alleged assailants; (L) require uniform collection of data on—(i) the incidence of covered misconduct in the Coast Guard; and (ii) disciplinary actions taken in substantiated cases of covered misconduct in the Coast Guard; and (M) set forth standards for communications with, and notifications to, victims, consistent with—(i) the requirements of any applicable Department of Defense policy; and (ii) to the extent practicable, any applicable policy of the department in which the Coast Guard is operating. (2) Retention of certain forms and evidence in connection with restricted reports and unrestricted reports of sexual assault involving members of the coast guard.—(A) In general.—The comprehensive policy required by subsection (a) shall require all unique or original copies of Coast Guard Form 6095 filed in connection with a restricted or unrestricted report on an alleged incident of 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), involving a member of the Coast Guard to be retained for the longer of—(i) 50 years commencing on the date of signature of the covered person on Coast Guard Form 6095; or (ii) the time provided for the retention of such form in connection with unrestricted and restricted reports on incidents of sexual assault involving members of the Coast Guard under Coast Guard policy. (B) Protection of confidentiality.—Any Coast Guard form retained under subparagraph (A) shall be retained in a manner that protects the confidentiality of the member of the Coast Guard concerned in accordance with Coast Guard policy. (3) Retention of case notes in investigations of covered misconduct involving members of the coast guard.—(A) Required retention of all investigative records.—The comprehensive policy required by subsection (a) shall require, for all criminal investigations relating to an alleged incident of covered misconduct involving a member of the Coast Guard, the retention of all elements of the case file. (B) Elements.—The elements of the case file to be retained under subparagraph (A) shall include, at a minimum—(i) the case activity record; (ii) the case review record; (iii) investigative plans; and (iv) all case notes made by any investigating agent. (C) Retention period.—All elements of the case file shall be retained for not less than 50 years for cases involving 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), and not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice for other covered misconduct, and no element of any such case file may be destroyed until the expiration of such period. (4) Return of personal property upon completion of related proceedings in unrestricted reporting cases.—Notwithstanding the records and evidence retention requirements described in paragraphs (1)(E) and (2), personal property retained as evidence in connection with an incident of 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), involving a member of the Coast Guard may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident, as determined by the Commandant. (5) Return of personal property in restricted reporting cases.—(A) In general.—The Secretary shall prescribe procedures under which a victim who files a restricted report of an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination. (B) Requirements.—The procedures required by subparagraph (A) shall ensure that—(i) a request by a victim for the return of personal property described under subparagraph (A) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and (ii) at the time of the filing of the restricted report, a Special Victims’ Counsel, Sexual Assault Response Coordinator, or Sexual Assault Prevention and Response Victim Advocate—(I) informs the victim that the victim may request the return of personal property as described in such subparagraph; and (II) advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication if the victim later decides to convert the restricted report to an unrestricted report. (C) Rule of construction.—Except with respect to personal property returned to a victim under this paragraph, nothing in this paragraph may be construed to affect the requirement to retain a sexual assault forensic examination kit for the period specified in paragraph (2). (6) Victim access to records.—With respect to victim access to records after all final disposition actions and any appeals have been completed, as applicable, the comprehensive policy required by subsection (a) shall provide that, to the maximum extent practicable, and in such a manner that will not jeopardize an active investigation or an active case—(A) a victim of covered misconduct in a case in which either the victim or alleged perpetrator is a covered person shall have access to all records that are directly related to the victim’s case, or related to the victim themselves, in accordance with the policy issued under subsection (a) and subject to required protections under sections 552 and 552a of title 5; (B) a victim of covered misconduct who requests access to records under section 552 or 552a of title 5 concerning the victim’s case shall be determined to have a compelling need, and the records request shall be processed under expedited processing procedures, if in the request for such records the victim indicates that the records concerned are related to the covered misconduct case; (C) in applying sections 552 and 552a of title 5 to the redaction of information related to a records request by a victim of covered misconduct made under such sections after all final disposition actions and any appeals have been completed—(i) any such redaction shall be applied to the minimum extent possible so as to ensure the provision of the maximum amount of unredacted information to the victim that is permissible by law; and (ii) any such redaction shall not be applied to—(I) receipt by the victim of the victim’s own statement; or (II) the victim’s information from an investigation; and (D) in the case of such a records request for which the timelines for expedited processing are not met, the Commandant shall provide to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives in person and in writing a briefing that explains the reasons for the denial or the delay in processing, as applicable. (d) Definition of Covered Person.—In this section, the term “covered person” includes—(1) a member of the Coast Guard on active duty; (2) a member of the Coast Guard Reserve with respect to crimes investigated by or reported to the Secretary on any date on which such member is in a military status under section 802 of title 10 (article 2 of the Uniform Code of Military Justice); (3) a former member of the Coast Guard with respect to crimes investigated by or reported to the Secretary; and (4) in the case of an investigation of covered misconduct conducted by, or an incident of covered misconduct reported to, the Coast Guard involving a civilian employee of the Coast Guard, any such civilian employee of the Coast Guard. (e) Savings Clause.—Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.

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