CHAPTER 25—PERSONNEL; GENERAL PROVISIONS

SUBCHAPTER I—GENERAL PROVISIONS

        

SUBCHAPTER II—ADVISORY BOARD ON WOMEN IN THE COAST GUARD

        

Subtitle ¹ III—Covered Misconduct

        

        

Editorial Notes

Prior Provisions

A prior analysis for chapter 25 "GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY" consisted of items 891 "Flags; pennants; uniforms and insignia", 892 "Penalty", 893 "Limitation on rights of members of the Auxiliary and temporary members of the Reserve", and 894 "Availability of facilities and appropriations", prior to repeal by Pub. L. 115–282, title I, §114(a), Dec. 4, 2018, 132 Stat. 4223.

Amendments

2025—Pub. L. 119–60, div. G, title LXXII, §§7225(b), 7228(b), title LXXV, §7511(c), Dec. 18, 2025, 139 Stat. 1705, 1709, 1807, added items 2512 and 2517 to 2519, added item for subtitle III and items 2531 to 2539, and struck out former item 2512 "Leave policies for the Coast Guard".

2022—Pub. L. 117–263, div. K, title CXIV, §11410(b), title CXVIII, §11808(a)(18), Dec. 23, 2022, 136 Stat. 4117, 4166, added item 2516 and struck out item for subchapter III "LIGHTHOUSE SERVICE" and items 2531 "Personnel of former Lighthouse Service", 2532 "Retirement of employees", 2533 "Surviving spouses", and 2534 "Application for benefits".

Pub. L. 117–263, div. K, title CXII, §11242(b), Dec. 23, 2022, 136 Stat. 4040, which directed amendment of the analysis for this chapter by adding item 2515 "after the item relating to section 2515", was executed by adding item 2515 after item 2514 to reflect the probable intent of Congress.

2021—Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §§8204(b), 8215(c)(3), title LVXXXV [LXXXV], §§8510(c), 8511(c), Jan. 1, 2021, 134 Stat. 4648, 4652, 4758, 4759, added item 2514, substituted "ADVISORY BOARD ON WOMEN IN THE COAST GUARD" for "LIGHTHOUSE SERVICE" in item for subchapter II and added item 2521, inserted item for subchapter III before item 2531, and added items 2532 to 2534. Item 2514 was added to the analysis for this chapter to reflect the probable intent of Congress, notwithstanding directory language adding that item to the analysis for subchapter I of this chapter.

2018—Pub. L. 115–282, title I, §114(a), Dec. 4, 2018, 132 Stat. 4223, inserted chapter 25 designation and heading and added items 2501 to 2531.

¹ So in original. Probably should be "SUBCHAPTER".

² So in original. Probably should be followed by a hyphen.

SUBCHAPTER I—GENERAL PROVISIONS

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §114(c)(1), Dec. 4, 2018, 132 Stat. 4224, inserted subchapter I designation and heading.

Statutory Notes and Related Subsidiaries

Recruitment, Relocation, and Retention Incentive Program for Civilian Firefighters Employed by Coast Guard Remote Locations

Pub. L. 119–60, div. G, title LXXII, §7234, Dec. 18, 2025, 139 Stat. 1715, provided that:

"(a) Identification of Remote Locations.—The Commandant [of the Coast Guard] shall identify locations to be considered remote locations for purposes of this section, which shall include, at a minimum, each Coast Guard fire station located in an area in which members of the Coast Guard and the dependents of such members are eligible for the TRICARE Prime Remote program.

"(b) Incentive Program.—

"(1) In general.—To ensure uninterrupted operations by civilian firefighters employed by the Coast Guard in remote locations, the Commandant [of the Coast Guard] shall establish an incentive program for such firefighters consisting of—

"(A) recruitment and relocation bonuses consistent with section 5753 of title 5, United States Code; and

"(B) retention bonuses consistent with section 5754 of title 5, United States Code.

"(2) Eligibility criteria.—The Commandant [of the Coast Guard], in coordination with the Director of the Office of Personnel and Management, shall establish eligibility criteria for the incentive program established under paragraph (1), which shall include a requirement that a firefighter described in paragraph (1) may only be eligible for the incentive program under this section if, with respect to the applicable remote location, the Commandant [of the Coast Guard] has made a determination that incentives are appropriate to address an identified recruitment, retention, or relocation need.

"(c) Annual Report.—Not less frequently than annually for the 5-year period beginning on the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—

"(1) details the use and effectiveness of the incentive program established under this section; and

"(2) includes—

"(A) the number of participants in the incentive program;

"(B) a description of the distribution of incentives under such program; and

"(C) a description of the impact of such program on civilian firefighter recruitment and retention by the Coast Guard in remote locations."

Physical Disability Evaluation System Procedure Review

Pub. L. 117–263, div. K, title CXII, §11243, Dec. 23, 2022, 136 Stat. 4040, provided that:

"(a) Study.—

"(1) In general.—Not later than 3 years after the date of enactment of this Act [Dec. 23, 2022], the Comptroller General of the United States shall complete a study on the Coast Guard Physical Disability Evaluation System and medical retirement procedures.

"(2) Elements.—In completing the study required under paragraph (1), the Comptroller General shall review, and provide recommendations to address, the following:

"(A) Coast Guard compliance with all applicable laws, regulations, and policies relating to the Physical Disability Evaluation System and the Medical Evaluation Board.

"(B) Coast Guard compliance with timelines set forth in—

"(i) the instruction of the Commandant [of the Coast Guard] entitled 'Physical Disability Evaluation System' issued on May 19, 2006 (COMDTNST M1850.2D); and

"(ii) the Physical Disability Evaluation System Transparency Initiative (ALCGPSC 030/20).

"(C) An evaluation of Coast Guard processes in place to ensure the availability, consistency, and effectiveness of counsel appointed by the Coast Guard Office of the Judge Advocate General to represent members of the Coast Guard undergoing an evaluation under the Physical Disability Evaluation System.

"(D) The extent to which the Coast Guard has and uses processes to ensure that such counsel may perform the functions of such counsel in a manner that is impartial, including being able to perform such functions without undue pressure or interference by the command of the affected member of the Coast Guard, the Personnel Service Center, and the Coast Guard Office of the Judge Advocate General.

"(E) The frequency, including the frequency aggregated by member pay grade, with which members of the Coast Guard seek private counsel in lieu of counsel appointed by the Coast Guard Office of the Judge Advocate General.

"(F) The timeliness of determinations, guidance, and access to medical evaluations necessary for retirement or rating determinations and overall well-being of the affected member of the Coast Guard.

"(G) The guidance, formal or otherwise, provided by the Personnel Service Center and the Coast Guard Office of the Judge Advocate General, other than the counsel directly representing affected members of the Coast Guard, in communication with medical personnel examining members.

"(H) The guidance, formal or otherwise, provided by the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of the Coast Guard, and the extent to which such guidance is disclosed to the commanders, commanding officers, or other members of the Coast Guard in the chain of command of such affected members.

"(I) The feasibility of establishing a program to allow members of the Coast Guard to select an expedited review to ensure completion of the Medical Evaluation Board report not later than 180 days after the date on which such review was initiated.

"(b) Report.—The Comptroller General 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 the findings of the study conducted under subsection (a) and recommendations for improving the Physical Disability Evaluation System process.

"(c) Updated Policy Guidance.—

"(1) In general.—Not later than 180 days after the date on which the report under subsection (b) is submitted, the Commandant shall issue updated policy guidance in response to the findings and recommendations contained in the report.

"(2) Elements.—The updated policy guidance required under paragraph (1) shall include the following:

"(A) A requirement that a member of the Coast Guard, or the counsel of such a member, shall be informed of the contents of, and afforded the option to be present for, any communication between the member's command and the Personnel Service Center, or other Coast Guard entity, with respect to the duty status of the member.

"(B) An exception to the requirement described in subparagraph (A) that such a member, or the counsel of the member, is not required to be informed of the contents of such a communication if it is demonstrated that there is a legitimate health or safety need for the member to be excluded from such communications, supported by a medical opinion that such exclusion is necessary for the health or safety of the member, command, or any other individual.

"(C) An option to allow a member of the Coast Guard to initiate an evaluation by a Medical Evaluation Board if a Coast Guard healthcare provider, or other military healthcare provider, has raised a concern about the ability of the member to continue serving in the Coast Guard, in accordance with existing medical and physical disability policy.

"(D) An updated policy to remove the command endorsement requirement for retirement or separation unless absolutely necessary for the benefit of the United States."

Policy on Requests for Permanent Changes of Station or Unit Transfers by Persons Who Report Being the Victim of Sexual Assault

Pub. L. 117–263, div. K, title CXII, §11273, Dec. 23, 2022, 136 Stat. 4068, which related to policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault, was transferred and is set out as a note preceding section 2531 of this title.

Sex Offenses and Personnel Records

Pub. L. 117–263, div. K, title CXII, §11274, Dec. 23, 2022, 136 Stat. 4068, which related to sex offenses and personnel records, was transferred and is set out as a note preceding section 2531 of this title.

Improvements to Physical Disability Evaluation System and Transition Program

Pub. L. 117–263, div. K, title CXIV, §11411, Dec. 23, 2022, 136 Stat. 4117, provided that:

"(a) Temporary Policy.—Not later than 60 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall develop a temporary policy that—

"(1) improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process;

"(2) affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and

"(3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process.

"(b) Elements.—The policy required under subsection (a) shall include the following:

"(1) A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning.

"(2) In the case of a Medical Evaluation Board report that is not completed not later than 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status.

"(3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated.

"(4) An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10, United States Code, and outside employment aimed at improving the transition of the member to civilian life, only if such an internship or employment does not interfere with necessary medical appointments required for the member's physical disability evaluation.

"(5) A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member.

"(6) A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty.

"(7) To provide certainty to such a member with respect to a separation date, a policy that ensures—

"(A) that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including—

"(i) placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and

"(ii) a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and

"(B) the availability of administrative solutions to any such delay.

"(8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member's current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the member's career trajectory.

"(9) A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board.

"(10) A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member.

"(11) A requirement that—

"(A) a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and

"(B) any such request for delay shall be approved by the Commandant based on a showing of good cause by the member.

"(c) Report on Temporary Policy.—Not later than 60 days after the date of enactment of this Act [Dec. 23, 2022], 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 copy of the policy developed under subsection (a).

"(d) Permanent Policy.—Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard.

"(e) Briefing.—Not later than 1 year after the date of enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy.

"(f) Annual Report on Costs.—

"(1) In general.—Not less frequently than annually, 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 that, for the preceding fiscal year—

"(A) details the total aggregate service-wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and

"(B) includes for each such member—

"(i) an accounting of such costs; and

"(ii) the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process.

"(2) Personally identifiable information.—A report under paragraph (1) shall not include the personally identifiable information of any member of the Coast Guard."

Strategy to Improve Quality of Life at Remote Units

Pub. L. 117–263, div. K, title CXIV, §11419, Dec. 23, 2022, 136 Stat. 4125, as amended by Pub. L. 119–60, div. G, title LXXII, §7276, Dec. 18, 2025, 139 Stat. 1749, provided that:

"(a) In General.—Not more than 180 days after the date of enactment of the Coast Guard Authorization Act of 2026 [probably should be "Coast Authorization Act of 2025", which was approved Dec. 18, 2025], the Commandant [of the Coast Guard] shall develop a detailed written strategy to improve the quality of life for members of the Coast Guard and their dependents who are stationed in remote units.

"(b) Elements.—The strategy developed under subsection (a) shall address the following:

"(1) Methods to improve the availability or affordability of housing options for such members and their dependents through—

"(A) Coast Guard-owned housing; or

"(B) Coast Guard-facilitated housing.

"(2) A review of whether current methods for determining the amount of basic housing allowances received by such members of the Coast Guard accurately reflect the costs of privately owned or privately rented housing in such areas.

"(3) Methods to improve access by such members and their dependents to—

"(A) medical, dental, and pediatric care; and

"(B) behavioral health care that is covered under the TRICARE program (as defined in section 1072 of title 10, United States Code).

"(4) Methods to increase access to child care services in such areas, including recommendations for increasing child care capacity and opportunities for care within the Coast Guard and in the private sector.

"(5) Methods to improve non-Coast Guard network internet access at remote units—

"(A) to improve communications between members of the Coast Guard on active duty who are assigned or attached to a remote unit and the family members of such members who are not located in the same location as such member; and

"(B) for other purposes such as education and training.

"(6) Methods to support spouses and other dependents of members serving in such areas who face challenges specific to remote locations.

"(7) A detailed written action plan and timeline for implementing improvements to the quality of life for members of the Coast Guard at remote units.

"(8) Any other matter the Commandant [of the Coast Guard] considers appropriate.

"(c) Public Availability.—The Commandant [of the Coast Guard] shall make the strategy developed under subsection (a) available to the public on an internet website of the Coast Guard.

"(d) Implementation.—The Commandant [of the Coast Guard] shall oversee the implementation of the strategy developed under subsection (a), including the action plan described in paragraph (7) of that subsection [probably should be "paragraph (7) of subsection (b)"].

"(e) Briefing.—Not later than 30 days after the strategy developed under subsection (a) is completed, and annually thereafter for 3 years, the Commandant [of the Coast Guard] shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing, in person and in writing, on—

"(1) the elements of the strategy;

"(2) the status of the implementation of the action plan described in subsection (a)(7) [probably should be "subsection (b)(7)"];

"(3) the timeline for implementation of each of the elements of such action plan; and

"(4) any barriers to the implementation of such action plan.

"(f) Remote Unit Defined.—In this section, the term 'remote unit' means a unit located in an area in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote."

§2501. Grade on retirement

(a) Commissioned Officers.—

(1) In general.—A commissioned officer who is retired under any provision of this title, shall be retired from active service with the highest grade held by the commissioned officer for not less than six months while on active duty in which, as determined by the Secretary, the commissioned officer's performance of duty was satisfactory.

(2) Conditional determination.—When a commissioned officer is under investigation for alleged misconduct at the time of retirement—

(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and

(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).

(b) Warrant Officers.—Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W–4, held by the warrant officer for not less than six months on active duty in which, as determined by the Secretary, the warrant officer's performance of duty was satisfactory.

(c) Retirement in Lower Grade.—

(1) Misconduct in lower grade.—In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade.

(2) Adverse findings.—A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings.

(3) Recalculation of retired pay.—If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.

(d) Finality of Retired Grade Determinations.—

(1) In general.—Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened.

(2) Reopening determinations.—A determination of the retired grade of a commissioned officer may be reopened if—

(A) the retirement or retired grade of the commissioned officer was procured by fraud;

(B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by a competent authority at the time of retirement;

(C) 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;

(D) 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;

(E) 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;

(F) a mistake of law or calculation was made in the determination of the retired grade;

(G) in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or

(H) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination.

(3) Requirements.—If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary—

(A) shall notify the commissioned officer of the reopening; and

(B) may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening.

(4) Recalculation of retired pay.—If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer's retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.

(e) Inapplicability to Commissioned Warrant Officers.—This section, including subsection (b), shall not apply to commissioned warrant officers.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 190, §334; amended Pub. L. 89–444, §1(19), June 9, 1966, 80 Stat. 196; Pub. L. 99–348, title II, §205(b)(7), July 1, 1986, 100 Stat. 700; Pub. L. 102–190, div. A, title XI, §1125(b)(2), Dec. 5, 1991, 105 Stat. 1505; Pub. L. 103–337, div. A, title V, §541(f)(3), Oct. 5, 1994, 108 Stat. 2766; renumbered §2501, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8201(c), Jan. 1, 2021, 134 Stat. 4641; Pub. L. 119–60, div. G, title LXXII, §7224(a), Dec. 18, 2025, 139 Stat. 1702.)

Editorial Notes

Amendments

2025—Subsec. (d)(2)(B). Pub. L. 119–60, §7224(a)(1), inserted "a" before "competent authority".

Subsec. (d)(2)(C) to (H). Pub. L. 119–60, §7224(a)(2), added subpars. (C) to (E) and redesignated former subpars. (C) to (E) as (F) to (H), respectively.

2021—Subsec. (a). Pub. L. 116–283, §8201(c)(1), designated existing provisions as par. (1), inserted subsec. heading and par. (1) heading, substituted "A commissioned officer" for "Any commissioned officer, other than a commissioned warrant officer,", "the commissioned officer" for "him", and "the commissioned officer's" for "his", and added par. (2).

Subsec. (b). Pub. L. 116–283, §8201(c)(2), inserted heading and substituted "the warrant officer" for "him" and "the warrant officer's" for "his".

Subsecs. (c) to (e). Pub. L. 116–283, §8201(c)(3), added subsecs. (c) to (e).

2018—Pub. L. 115–282 renumbered section 334 of this title as this section.

1994—Subsec. (b). Pub. L. 103–337 substituted "section 580," for "section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or".

1991—Subsec. (b). Pub. L. 102–190 substituted "section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or 1263, 1293, or 1305 of title 10" for "section 564, 1263, 1293, or 1305 of title 10".

1986—Subsec. (a). Pub. L. 99–348, §205(b)(7)(A), struck out ", with retired pay of the grade with which retired" after "satisfactory".

Subsec. (b). Pub. L. 99–348, §205(b)(7), struck out ", with retired pay of the grade with which retired" after "satisfactory" and struck out provision that when the rate of pay of such highest grade is less than the pay of the warrant grade with which the officer would otherwise be retired under section 1371 of title 10, the retired pay was to be based on the higher rate of pay.

1966—Pub. L. 89–444 substituted "Grade on retirement" for "Retirement in cases where higher grade has been held" in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as a note under section 571 of Title 10, Armed Forces.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces.

Modifications and Revisions Relating to Reopening Retired Grade Determinations

Pub. L. 119–60, div. G, title LXXII, §7224(b)–(d), Dec. 18, 2025, 139 Stat. 1703, provided that:

"(b) Issuance and Revision of Regulations Relating to Good Cause to Reopen Retired Grade Determinations.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], 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:

"(1) 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:

"(A) 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.

"(B) 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.

"(2) Identify the standard for making, and the evidentiary showing required to support, an adverse determination on the retired grade of a commissioned officer.

"(c) Revision of Limitations on Reopening Retired Grade Determinations.—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—

"(1) whether new evidence is discovered contemporaneously with or within a short time period after the date of retirement of the officer concerned; and

"(2) whether the misconduct concerned was not discoverable through due diligence.

"(d) Savings Clause.—No provision of this section [amending this section and enacting this note] 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."

§2502. Retirement

(a) Every commissioned officer, warrant officer, or enlisted member who is retired under any provisions of this title shall be retired with the permanent grade or rate held at the time of retirement, unless entitled to retire with a higher grade or rate under any provision of this title or any other law.

(b) Where an officer is entitled, under any provision of law, to retire with one grade higher than the grade in which serving at the time of retirement, the next higher grade in the case of captain shall be rear admiral (lower half), and the next higher grade in the case of commissioned warrant officer shall be lieutenant (junior grade).

(Aug. 4, 1949, ch. 393, 63 Stat. 524, §421; Pub. L. 97–417, §2(10), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99–348, title II, §205(b)(10), July 1, 1986, 100 Stat. 700; renumbered §2502, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

Subsection (a) is new in this form, but the provision contained therein is expressed or implied in numerous statutes relating to the retirement of military personnel.

A provision defining the next higher grade to that of commissioned warrant officer as lieutenant (junior grade), for purposes of retirement, was added.

The other provisions of said section are obsolete and are no longer needed.

Subsection (a) is new, but the provision contained in it is expressed or implied in numerous statutes relating to retirement of military personnel. It is believed desirable to include such a provision to prevent any misconstruction of retirement statutes, even though no change in existing law is intended on the point covered, either by other sections dealing with retirement or by this section.

Subsection (b) is a codification of the only provision of title 14, U.S.C., 1946 ed., §174, that it is desired to retain, and in addition designated the next higher grade for commissioned warrant officers as lieutenant (junior grade) because the pay of the commissioned warrant officers is the same as for the grade of lieutenant (junior grade) and advancing such officers to the grade of ensign would in some aspects not appear to be a promotion. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 421 of this title as this section.

1986—Subsec. (a). Pub. L. 99–348 substituted "rate" for "rating" in two places.

1985—Subsec. (b). Pub. L. 99–145 substituted "rear admiral (lower half)" for "commodore".

1984—Subsec. (a). Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.

1983—Subsec. (b). Pub. L. 97–417 substituted "commodore" for "rear admiral".

Statutory Notes and Related Subsidiaries

Report on Resignation and Retirement Processing Times and Denial

Pub. L. 117–263, div. K, title CXII, §11241, Dec. 23, 2022, 136 Stat. 4039, provided that:

"(a) In General.—Not later than 30 days after the date of enactment of this Act [Dec. 23, 2022], and annually thereafter, the Commandant [of the Coast Guard] 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 that evaluates resignation and retirement processing timelines.

"(b) Elements.—The report required under subsection (a) shall include, for the preceding calendar year—

"(1) statistics on the number of resignations, retirements, and other separations that occurred;

"(2) the processing time for each action described in paragraph (1);

"(3) the percentage of requests for such actions that had a command endorsement;

"(4) the percentage of requests for such actions that did not have a command endorsement; and

"(5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action."

§2503. Status of recalled personnel

All retired personnel when recalled to active duty shall serve in the grade or rate in which they were serving at the time of retirement.

(Aug. 4, 1949, ch. 393, 63 Stat. 524, §422; Pub. L. 99–348, title II, §205(b)(10), July 1, 1986, 100 Stat. 700; renumbered §2503, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

This provision is desirable because many enlisted men and low-ranking officers may now retire with higher grade which they previously held on a temporary basis. If recalled in the higher grades, they might not be capable of holding same at the time of recall. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 422 of this title as this section.

1986—Pub. L. 99–348 substituted "rate" for "rating".

§2504. Computation of retired pay

(a)(1) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) before September 8, 1980, is determined by multiplying—

(A) the sum of—

(i) the basic pay of the member's retired grade or rate, and

(ii) all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by

(B) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.

(2) In the case of an officer who served as Commandant, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving.

(3) In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement.

(4) In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement.

(b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) on or after September 8, 1980, is determined by multiplying—

(1) the retired pay base determined under section 1407 of title 10; by

(2) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.

(c)(1) In computing for the purpose of subsection (a) or (b) the number of years of service that may be credited to a member under section 1405 of title 10—

(A) each full month of service that is in addition to the number of full years of service creditable to the member shall be counted as 1/12 of a year; and

(B) any remaining fractional part of a month shall be disregarded.

(2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(d) In addition to amounts computed pursuant to subsections (a) through (c) of this section, a full TSP member (as defined in section 8440e(a) of title 5) of the Coast Guard is entitled to continuation pay pursuant to section 356 of title 37.

(Aug. 4, 1949, ch. 393, 63 Stat. 525, §423; Aug. 3, 1950, ch. 536, §23, 64 Stat. 407; Pub. L. 85–422, §11(b), May 20, 1958, 72 Stat. 132; Pub. L. 88–132, §5(i), Oct. 2, 1963, 77 Stat. 214; Pub. L. 92–455, §2, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96–342, title VIII, §813(f)(2), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97–295, §2(12), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–94, title IX, §§922(b), 923(d), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, §205(a), July 1, 1986, 100 Stat. 699; Pub. L. 115–141, div. F, title II, §225, Mar. 23, 2018, 132 Stat. 616; Pub. L. 115–232, div. C, title XXXV, §3531(c)(13), Aug. 13, 2018, 132 Stat. 2320; renumbered §2504, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§162a, 167, 175c, 185d (Apr. 12, 1902, ch. 501, §9, 32 Stat. 101; Jan. 12, 1938, ch. 3, §3, 52 Stat. 5; May 24, 1939, ch. 146, §5, 53 Stat. 756; Feb. 21, 1946, ch. 34, §10, 60 Stat. 29).

Section was enlarged to include computation of retired pay in all situations. It is in accord with the provisions of Navy statutes. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 423 of this title as this section.

Subsec. (a)(2). Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard".

Subsec. (d). Pub. L. 115–141 added subsec. (d).

1986—Pub. L. 99–348 amended section generally. Prior to amendment, section provided that retired pay of a grade or rating would be computed at the rate of 2½ percent of the sum of the basic pay of that grade or rating and all permanent additions thereto including longevity credit, multiplied by the number of years of service credited, with certain exceptions, and that retired pay of an officer or member of the Coast Guard who first became a member of a uniformed service, as defined in section 1407(a)(2) of title 10, after Sept. 7, 1980, would be computed at the rate of 2½ percent of the monthly retired pay base computed under section 1407(f) of title 10, multiplied by the number of years of service credited, but that retired pay was not to be more than 75 percent of such monthly retired pay base.

1984—Subsec. (a). Pub. L. 98–557 substituted reference to enlisted member concerned for reference to enlisted man concerned.

1983—Subsec. (a). Pub. L. 98–94, §923(d), substituted "In computing the number of years of service by which the rate of 2½ percent is multiplied, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "A fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 2½ percent is multiplied".

Pub. L. 98–94, §922(b), inserted "Retired pay, if not a multiple of $1, shall be rounded to the next lower multiple of $1."

1982—Subsec. (b). Pub. L. 97–295 substituted "after September 7, 1980" for "on or after the date of the enactment of the Department of Defense Authorization Act, 1981".

1980—Pub. L. 96–342 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b), the" for "The", and added subsec. (b).

1972—Pub. L. 92–455 provided for computation of retired pay of an enlisted member serving as the master chief petty officer of the Coast Guard at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement.

1963—Pub. L. 88–132 substituted "basic" for "active-duty" wherever appearing.

1958—Pub. L. 85–422 substituted "that may be credited to him under section 1405 of title 10" for "for which he was entitled to credit in the computation of his pay when last on active duty".

1950—Act Aug. 3, 1950, struck out reference to computation of pay of retired personnel retired by reason of physical disability.

Statutory Notes and Related Subsidiaries

Effective Date of 1983 Amendment

Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of Title 10, Armed Forces.

Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of Title 10.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–422 effective June 1, 1958, see Pub. L. 85–422, §9, May 20, 1958, 72 Stat. 130.

§2505. Limitations on retirement and retired pay

(a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law.

(b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member's pay is computed, or (2) the retired pay base determined under section 1407 of title 10, as appropriate.

(Aug. 4, 1949, ch. 393, 63 Stat. 525, §424; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, §205(b)(11), July 1, 1986, 100 Stat. 700; renumbered §2505, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Historical and Revision Notes

The two provisions of this section are considered desirable as safeguards to eliminate any possible misconstruction of situations relating to retirement and retired pay in respect to the two points covered. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 424 of this title as this section.

1986—Pub. L. 99–348 amended section generally. Prior to amendment, section read as follows: "The provisions of any section of this title shall not be construed so as to prevent any officer or enlisted member from being placed on the retired list with the highest grade or rating and the highest retired pay to which such officer or enlisted member may be entitled under the provisions of any other section of this title or under the provisions of any other law. In no case shall the retired pay of an officer or enlisted member exceed 75 percent of the sum of the active-duty pay and all permanent additions thereto, including longevity credit to which the officer or enlisted member concerned is entitled, of the grade or rating on which his pay is computed."

1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.

§2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution

Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member's absence.

(Added Pub. L. 107–295, title IV, §444(a), Nov. 25, 2002, 116 Stat. 2132, §424a; renumbered §2506, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 424a of this title as this section.

§2507. Board for Correction of Military Records deadline

(a) Deadline for Completion of Action.—The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application.

(b) Remedies Deemed Exhausted.—Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and—

(1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or

(2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to—

(A) an order under section 706(1) of title 5, directing final action be taken within 30 days from the date the order is entered; and

(B) from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorney's fee.

(Added Pub. L. 104–324, title II, §209(a), Oct. 19, 1996, 110 Stat. 3914, §425; renumbered §2507, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 425 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–324, §209(d), Oct. 19, 1996, 110 Stat. 3914, provided that: "This section [enacting this section and provisions set out as a note below] shall be effective on and after June 12, 1990."

Special Right of Applications After Deadline for Completion of Board Action

Pub. L. 104–324, §209(c), Oct. 19, 1996, 110 Stat. 3914, provided that: "This section [enacting this section and provisions set out as a note above] applies to any applicant who had an application filed with or pending before the Board or the Secretary of the department in which the Coast Guard is operating on or after June 12, 1990, who files with the Board for Correction of Military Records of the Coast Guard an application for relief under the amendment made by subsection (a) [enacting this section]. If a recommended decision was modified or reversed on review with final agency action occurring after expiration of the 10-month deadline under that amendment, an applicant who so requests shall have the order in the final decision vacated and receive the relief granted in the recommended decision if the Coast Guard has the legal authority to grant such relief. The recommended decision shall otherwise have no effect as precedent."

§2508. Emergency leave retention authority

(a) In General.—A duty assignment for an active duty member of the Coast Guard in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to a spill of national significance shall be treated, for the purpose of section 701(e) of title 10, as a duty assignment in support of a contingency operation.

(b) Definitions.—In this section:

(1) Spill of national significance.—The term "spill of national significance" means a discharge of oil or a hazardous substance that is declared by the Commandant to be a spill of national significance.

(2) Discharge.—The term "discharge" has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).

(Added Pub. L. 111–281, title II, §207(a), Oct. 15, 2010, 124 Stat. 2912, §426; renumbered §2508, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; amended Pub. L. 117–263, div. A, title VI, §631(c)(1), Dec. 23, 2022, 136 Stat. 2631.)

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–263 substituted "section 701(e)" for "section 701(f)(2)".

2018—Pub. L. 115–282 renumbered section 426 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–232 effective Jan. 1, 2023, see section 631(d) of Pub. L. 117–263, set out as a note under section 701 of Title 10, Armed Forces.

Effective Date

Pub. L. 111–281, title II, §207(c), Oct. 15, 2010, 124 Stat. 2912, provided that: "The amendments made by this section [enacting this section] shall be deemed to have been enacted on April 19, 2010."

§2509. Prohibition of certain involuntary administrative separations

(a) In General.—Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty.

(b) Reevaluation.—

(1) In general.—The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty.

(2) Retirements and separations.—A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individual's office, grade, rank, or rating may be retired or separated for physical disability under chapter 61 of title 10.

(c) Covered Individual Defined.—In this section, the term "covered individual" means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty.

(Added Pub. L. 112–213, title II, §209(a), Dec. 20, 2012, 126 Stat. 1549, §427; amended Pub. L. 114–120, title II, §209(6), Feb. 8, 2016, 130 Stat. 41; renumbered §2509, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 427 of this title as this section.

2016—Subsec. (b)(2). Pub. L. 114–120 substituted "chapter 61 of title 10" for "this chapter".

§2510. Sea service letters

(a) In General.—The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who—

(1) accumulated sea service on a vessel of the Armed Forces (as such term is defined in section 527(e)); and

(2) requests such letter.

(b) Deadline.—Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1).

(Added Pub. L. 113–281, title III, §305(b)(1), Dec. 18, 2014, 128 Stat. 3044, §428; renumbered §2510 and amended Pub. L. 115–282, title I, §114(b), title III, §318(c), Dec. 4, 2018, 132 Stat. 4223, 4252.)

Editorial Notes

Amendments

2018—Pub. L. 115–282, §114(b), renumbered section 428 of this title as this section.

Subsec. (a)(1). Pub. L. 115–282, §318(c), substituted "Armed Forces" for "armed forces" and "section 527(e)" for "section 101(a) of title 10".

§2511. Investigations of flag officers and Senior Executive Service employees

In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall—

(1) conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and

(2) consult with the Inspector General of the Department of Defense.

(Added Pub. L. 114–120, title II, §220(a), Feb. 8, 2016, 130 Stat. 48, §430; renumbered §2511, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 430 of this title as this section.

§2512. Family leave policies for the Coast Guard

(a) In General.—Except as provided in subsection (b), not later than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 704 of title 10 or, with respect to the reserve component of the Coast Guard, the Secretary of Defense promulgates a new regulation for members of the reserve component of the Coast Guard pursuant to section 711 of title 10, with respect to leave associated with the birth or placement of a minor child with the member for adoption or long term foster care, the Secretary of the department in which the Coast Guard is operating shall promulgate a similar rule, policy, or memorandum that provides leave to officers, enlisted members, and members of the reserve component of the Coast Guard that is equal in duration and compensation to that provided by the Secretary of the Navy or, with respect to members of the reserve component of the Coast Guard, the Secretary of Defense.

(b) Leave Associated With Birth or Placement of Minor Child With Member for Adoption or Long Term Foster Care.—Notwithstanding subsection (a), sections 701, 704, and 711 of title 10, or any other provision of law, all officers, enlisted members, and members of the reserve component of the Coast Guard shall be authorized leave associated with the birth, adoption, or long term foster care of a child during the 1-year period following such birth, placement of a minor child with the member for long-term foster care, or adoption, and, at the discretion of the Commanding Officer, such officer or, enlisted member, or member of the reserve component shall be permitted—

(1) to take such leave in increments; and

(2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).

(c) Period of Leave.—

(1) In general.—The Secretary of the department in which the Coast Guard is operating, may authorize leave described under subparagraph ¹ (b) to be taken after the one-year period described in subparagraph ¹ (b) in the case of a member described in subsection (b) who, except for this subparagraph ¹, would lose unused family leave at the end of the one-year period described in subparagraph (A) ² as a result of—

(A) operational requirements;

(B) professional military education obligations; or

(C) other circumstances that the Secretary determines reasonable and appropriate.

(2) Extended deadline.—The regulation, rule, policy, or memorandum prescribed under paragraph ¹ (a) shall require that any leave authorized to be taken after the one-year period described in subparagraph (c)(1)(A) ² shall be taken within a reasonable period of time, as determined by the Secretary of the department in which the Coast Guard is operating, after cessation of the circumstances warranting the extended deadline.

(d) Member of the Reserve Component of the Coast Guard Defined.—In this section, the term "member of the reserve component of the Coast Guard" means a member of the Coast Guard who is a member of—

(1) the selected reserve who is entitled to compensation under section 206 of title 37; or

(2) the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.

(Added Pub. L. 114–120, title II, §222(a), Feb. 8, 2016, 130 Stat. 49, §431; renumbered §2512 and amended Pub. L. 115–282, title I, §114(b), title III, §315(a), Dec. 4, 2018, 132 Stat. 4223, 4250; Pub. L. 119–60, div. G, title LXXII, §7225(a), Dec. 18, 2025, 139 Stat. 1703.)

Editorial Notes

Amendments

2025—Pub. L. 119–60, §7225(a)(1), substituted "Family leave" for "Leave" in section catchline.

Subsec. (a). Pub. L. 119–60, §7225(a)(2), substituted "or, with respect to the reserve component of the Coast Guard, the Secretary of Defense promulgates a new regulation for members of the reserve component of the Coast Guard pursuant to section 711 of title 10," for ", United States Code,", "or placement of a minor child with the member for adoption or long term foster care" for "or adoption of a child", and ", enlisted members, and members of the reserve component" for "and enlisted members", and inserted "or, with respect to members of the reserve component of the Coast Guard, the Secretary of Defense" after "provided by the Secretary of the Navy".

Subsec. (b). Pub. L. 119–60, §7225(a)(3), substituted, in heading, "Placement of Minor Child With Member for Adoption or Long Term Foster Care" for "Adoption of Child", and, in introductory provisions, ", 704, and 711" for "and 704", ", enlisted members, and members of the reserve component" for "and enlisted members", "the birth, adoption, or long term foster care" for "the birth or adoption", "following such birth, placement of a minor child with the member for long-term foster care, or adoption," for "immediately following such birth or adoption", and ", enlisted member, or member of the reserve component" for "enlisted member".

Subsecs. (c), (d). Pub. L. 119–60, §7225(a)(4), added subsecs. (c) and (d).

2018—Pub. L. 115–282, §315(a), designated existing provisions as subsec. (a), inserted heading, substituted "Except as provided in subsection (b), not later than 1 year" for "Not later than 1 year", and added subsec. (b).

Pub. L. 115–282, §114(b), renumbered section 431 of this title as this section.

Statutory Notes and Related Subsidiaries

Flexible Work Schedules

Pub. L. 115–282, title III, §315(b), Dec. 4, 2018, 132 Stat. 4250, provided that: "Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall ensure that a flexible work schedule program under chapter 61 of title 5, United States Code, is in place for officers and enlisted members of the Coast Guard."

¹ So in original. Probably should be "subsection".

² So in original. Probably should be "subsection (b)".

§2513. Computation of length of service

In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law.

(Aug. 4, 1949, ch. 393, 63 Stat. 531, §467; renumbered §2513, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; Pub. L. 116–283, div. A, title IX, §927(b)(2), Jan. 1, 2021, 134 Stat. 3831.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §2 (Jan. 28, 1915, ch. 20, §3, 38 Stat. 801).

The Air Force is added in the enumeration of services.

That part referring to the operation of a station for part of a year is omitted.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Pub. L. 116–283 inserted "Space Force," after "Air Force,".

2018—Pub. L. 115–282 renumbered section 467 of this title as this section.

§2514. Career flexibility to enhance retention of members

(a) Programs Authorized.—The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.

(b) Period of Inactivation From Active Duty; Effect of Inactivation.—

(1) In general.—The period of inactivation from active duty under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed 3 years.

(2) Exclusion from years of service.—Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of title 10.

(3) Exclusion from retirement.—Any period of participation of a member in a program under this section shall not count toward—

(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 841 or 1223 of title 10; or

(B) computation of retired or retainer pay under chapter 71 or 1223 of title 10.

(c) Agreement.—Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows:

(1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active duty under the program.

(2) To undergo during the period of the inactivation of the member from active duty under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active duty.

(3) Following completion of the period of the inactivation of the member from active duty under the program, to serve 30 days as a member of the Coast Guard on active duty for each month of the period of the inactivation of the member from active duty under the program.

(d) Conditions of Release.—The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active duty.

(e) Order to Active Duty.—Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active duty.

(f) Pay and Allowances.—

(1) Basic pay.—During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the program.

(2) Special or incentive pay or bonus.—

(A) Prohibition.—A member who participates in such a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.

(B) Not treated as failure to perform services.—The inactivation from active duty of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.

(3) Return to active duty.—

(A) Special or incentive pay or bonus.—Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a program—

(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and

(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

(B) Limitation.—

(i) In general.—Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph—

(I) such pay or bonus is no longer authorized by law; or

(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty.

(ii) Pay or bonus ceases being authorized.—Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.

(C) Repayment.—A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.

(D) Required service is additional.—Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).

(4) Travel and transportation allowance.—

(A) In general.—Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 ¹ of title 37 for—

(i) travel performed from the residence of the member, at the time of release from active duty to participate in the program, to the location in the United States designated by the member as the member's residence during the period of participation in the program; and

(ii) travel performed to the residence of the member upon return to active duty at the end of the participation of the member in the program.

(B) Single residence.—An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

(5) Leave balance.—A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10, but not to exceed 60 days.

(g) Promotion.—

(1) Officers.—

(A) In general.—An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title.

(B) Return to duty.—Upon the return of an officer to active duty after completion by the officer of participation in a program—

(i) the Commandant may adjust the date of rank of the officer in such manner as the Commandant may prescribe in regulations for purposes of this section; and

(ii) the officer shall be eligible for consideration for promotion when officers of the same grade and seniority are eligible for consideration for promotion.

(2) Enlisted members.—An enlisted member participating in a program under this section shall not be eligible for consideration for advancement during the period that—

(A) begins on the date of the inactivation of the member from active duty under the program; and

(B) ends at such time after the return of the member to active duty under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program.

(h) Continued Entitlements.—A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of—

(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10;

(2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title;

(3) the entitlement of the member and of the survivors of the member to all death benefits under subchapter II of chapter 75 of title 10;

(4) the provision of all travel and transportation allowances to family members of a deceased member to attend the repatriation, burial, or memorial ceremony of a deceased member as provided in section 453(f) of title 37;

(5) the eligibility of the member for general benefits as provided in part II of title 38; and

(6) in the case of a victim of an alleged sex-related offense (as such term is defined in section 1044e(h) of title 10) to the maximum extent practicable, maintaining access to—

(A) Coast Guard behavioral health resources;

(B) sexual assault prevention and response resources and programs of the Coast Guard; and

(C) Coast Guard legal resources, including, to the extent practicable, special victims' counsel.

(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8204(a), Jan. 1, 2021, 134 Stat. 4645; amended Pub. L. 119–60, div. G, title LXXII, §7226, Dec. 18, 2025, 139 Stat. 1705.)

Editorial Notes

References in Text

Section 474 of title 37, referred to in subsec. (f)(4)(A), was repealed by Pub. L. 117–81, div. A, title VI, §604(a), Dec. 27, 2021, 135 Stat. 1767.

Amendments

2025—Subsec. (c)(3). Pub. L. 119–60, §7226(1), substituted "30 days" for "2 months".

Subsec. (h)(3) to (6). Pub. L. 119–60, §7226(2), added pars. (3) to (6).

¹ See References in Text note below.

§2515. Calculation of active service

Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided.

(Added Pub. L. 117–263, div. K, title CXII, §11242(a), Dec. 23, 2022, 136 Stat. 4040.)

Editorial Notes

References in Text

The date of enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in text, is the date of enactment of div. K of Pub. L. 117–263, which was approved Dec. 23, 2022.

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 117–263, div. K, title CXII, §11242(c), Dec. 23, 2022, 136 Stat. 4040, provided that: "The amendment made by subsection (a) [enacting this section]—

"(1) shall only apply to officers of the Coast Guard that entered active service after January 1, 1997, temporarily separated for a period of time, and have retired from the Coast Guard before January 1, 2024; and

"(2) shall not apply to any member of any other uniformed service, or to any Coast Guard member regarding active service of the member in any other uniformed service."

§2516. Members asserting post-traumatic stress disorder or traumatic brain injury

(a) Medical Examination Required.—

(1) In general.—The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations described in section 102, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member the signs and symptoms of either such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.

(2) Mental, behavioral, or emotional disorder.—A member of the Coast Guard who has been sexually assaulted during the preceding 5-year period and who alleges, based on such sexual assault, the signs and symptoms of a diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association—

(A) is provided the opportunity to request a medical examination to clinically evaluate such signs and symptoms; and

(B) receives such a medical examination to evaluate a diagnosis of post-traumatic stress disorder, traumatic brain injury, or diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(3) Restriction on administrative separation.—A member described in this subsection shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of a court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary.

(4) Post-traumatic stress disorder.—In a case involving post-traumatic stress disorder or a diagnosable mental, behavioral, or emotional disorder under this subsection, a medical examination shall be performed by—

(A) a board-certified psychiatrist;

(B) a licensed doctorate-level psychologist;

(C) any other appropriate licensed or certified healthcare professional designated by the Commandant; or

(D) a psychiatry resident or board-eligible psychologist who—

(i) has completed a 1-year internship or residency; and

(ii) is under the close supervision of a board-certified psychiatrist or licensed doctorate-level psychologist.

(5) Traumatic brain injury.—In a case involving traumatic brain injury under this subsection, a medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist.

(b) Purpose of Medical Examination.—The medical examination required under subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury or a diagnosable mental, behavioral, or emotional disorder, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable.

(c) Inapplicability to Proceedings Under Uniform Code of Military Justice.—The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.

[(d) Repealed. Pub. L. 119–60, div. G, title LXXII, §7201(k)(1)(B), Dec. 18, 2025, 139 Stat. 1687.]

(e) Notification of Right to Request Medical Examination.—

(1) In general.—Any member of the Coast Guard who receives a notice of involuntary administrative separation shall be advised at the time of such notice of the right of the member to request a medical examination under subsection (a) if any condition described in such subsection applies to the member.

(2) Policy.—The Commandant shall—

(A) develop and issue a clear policy for carrying out the notification required under paragraph (1) with respect to any member of the Coast Guard described in that paragraph who has made an unrestricted report of sexual assault; and

(B) provide information on such policy to sexual assault response coordinators of the Coast Guard for the purpose of ensuring that such policy is communicated to members of the Coast Guard who may be eligible for a medical examination under this section.

(Added Pub. L. 117–263, div. K, title CXIV, §11410(a), Dec. 23, 2022, 136 Stat. 4116; amended Pub. L. 119–60, div. G, title LXXII, §§7201(k)(1), 7227, Dec. 18, 2025, 139 Stat. 1687, 1705.)

Editorial Notes

2025—Subsec. (a)(1). Pub. L. 119–60, §7227(1)(A), struck out "or has been sexually assaulted during the preceding 2-year period" after "Coast Guard operations described in section 102" and substituted "the signs and symptoms of either" for "or based on such sexual assault, the influence of".

Pub. L. 119–60, §7201(k)(1)(A), inserted "described in section 102" after "Coast Guard operations".

Subsec. (a)(2). Pub. L. 119–60, §7227(1)(C), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 119–60, §7227(1)(B), (D), redesignated par. (2) as (3) and substituted "this subsection" for "paragraph (1)". Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 119–60, §7227(1)(B), (E)(i), (ii), redesignated par. (3) as (4) and inserted "or a diagnosable mental, behavioral, or emotional disorder" before "under this subsection" and "performed by" after "shall be" in introductory provisions. Former par. (4) redesignated (5).

Subsec. (a)(4)(A) to (D). Pub. L. 119–60, §7227(1)(E)(iii), added subpars. (A) to (D) and struck out former subpars. (A) and (B) which read as follows:

"(A) performed by—

"(i) a board-certified or board-eligible psychiatrist; or

"(ii) a licensed doctorate-level psychologist; or

"(B) performed under the close supervision of—

"(i) a board-certified or board-eligible psychiatrist; or

"(ii) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has completed a 1-year internship or residency."

Subsec. (a)(5). Pub. L. 119–60, §7227(1)(B), redesignated par. (4) as (5).

Subsec. (b). Pub. L. 119–60, §7227(2), inserted "or a diagnosable mental, behavioral, or emotional disorder" after "traumatic brain injury".

Subsec. (d). Pub. L. 119–60, §7201(k)(1)(B), struck out subsec. (d). Prior to amendment, text read as follows: "In this section, the term 'Coast Guard operations' has the meaning given that term in section 888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a))."

Subsec. (e). Pub. L. 119–60, §7227(3), added subsec. (e).

§2517. Authority for certain personnel

(a) In General.—The Commandant may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, qualified candidates to any of the following positions in the competitive service (as defined in section 2102 of title 5) in the Coast Guard:

(1) Any category of medical or health professional positions within the Coast Guard.

(2) Any childcare services position.

(3) Any position in the Coast Guard housing office of a Coast Guard installation, the primary function of which is supervision of Coast Guard housing covered by subchapter III of chapter 29 of this title.

(4) Any nonclinical specialist position the purpose of which is the integrated primary prevention of harmful behavior, including suicide, sexual assault, harassment, domestic abuse, and child abuse.

(5) Any special agent position of the Coast Guard Investigative Service.

(6) The following positions at the Coast Guard Academy:

(A) Any civilian faculty member appointed under section 1941.

(B) A position involving the improvement of cadet health or well-being.

(b) Limitation.—The Commandant shall only appoint qualified candidates under the authority provided by subsections (a) and (b) ¹ if the Commandant determines that there is a shortage of qualified candidates for the positions described in such subsection or a critical hiring need for such positions.

(c) Briefing Requirement.—Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, and annually thereafter for the following 5 years, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written briefing which describes the use of the authority provided under this section on an annual basis, including the following:

(1) The number of employees hired under the authority provided under this section within the year for which the briefing is provided.

(2) The positions and grades for which employees were hired.

(3) A justification for the Commandant's determination that such positions involved a shortage of qualified candidates or a critical hiring need.

(4) The number of employees who were hired under the authority provided under this section who have separated from the Coast Guard.

(5) Steps the Coast Guard has taken to engage with the Office of Personnel Management under subpart B of part 337 of title 5, Code of Federal Regulations, for positions for which the Commandant determines a direct hire authority remains necessary.

(d) Sunset.—The authority provided under subsection (a) shall expire on September 30, 2030.

(Added Pub. L. 119–60, div. G, title LXXII, §7228(a), Dec. 18, 2025, 139 Stat. 1707.)

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (c), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

¹ So in original.

§2518. Command sponsorship

On request by a member of the Coast Guard assigned to Unalaska, Alaska, the Commandant shall grant command sponsorship to the dependents of such member.

(Added Pub. L. 119–60, div. G, title LXXII, §7228(a), Dec. 18, 2025, 139 Stat. 1708.)

§2519. Prevention of and response to hazing and bullying

(a) Anti-hazing and Anti-bullying Database.—The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Defense, shall cooperate in the establishment and use of a comprehensive and consistent data-collection system described in section 549 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 113 note) for the collection of reports, including anonymous reports, of incidents of hazing or bullying.

(b) Improved Training.—The Commandant shall seek to improve training to assist members of the Coast Guard to better recognize, prevent, and respond to hazing and bullying at all command levels.

(c) Annual Reports on Hazing and Bullying.—Not later than May 31, 2026, and annually thereafter for 5 years, the Secretary of the department in which the Coast Guard is operating 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 containing the following:

(1) a description of efforts during the previous fiscal year—

(A) to prevent and to respond to incidents of hazing or bullying involving members of the Coast Guard;

(B) to track and encourage reporting, including reporting anonymously, incidents of hazing in the Coast Guard; and

(C) to ensure the consistent implementation of anti-hazing and anti-bullying policies.

(2) A discussion of the policies of the Coast Guard for preventing and responding to incidents of hazing.

(3) A description of comprehensive data collection systems of the Coast Guard for collecting hazing or bullying reports involving a member of the Coast Guard.

(4) A description of processes of the Coast Guard to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology the Coast Guard uses to categorize and count potential instances of hazing or bullying.

(5) A description of any training provided to members of the Coast Guard on recognizing and preventing hazing.

(6) For the preceding 3 fiscal years in the initial report and preceding fiscal year in subsequent reports—

(A) the number of alleged and substantiated incidents of hazing involving members of the Coast Guard;

(B) a description of the nature of each such incident; and

(C) a description of the actions taken to address each such incident through nonjudicial and judicial actions.

(7) With respect to training for members of the Coast Guard on recognizing and preventing hazing and bullying, an assessment by the Commandant of—

(A) the quality of such training;

(B) the need for modifications to such training; and

(C) the need to require additional such training.

(8) An assessment by the Commandant of—

(A) the effectiveness of the Coast Guard in tracking and reporting instances of hazing or bullying; and

(B) whether the performance of the Coast Guard with respect to such tracking and reporting was satisfactory or unsatisfactory during the preceding fiscal year.

(9) Recommendations of the Commandant to improve—

(A) the policies described in paragraph (4) ¹;

(B) the comprehensive data collection systems described in paragraph (5) ²;

(C) the processes described in paragraph (6) ³;

(D) the training described in paragraph (9) ⁴; and

(E) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Coast Guard.

(10) The status of efforts of the Commandant to evaluate the prevalence of hazing and bullying in the Coast Guard.

(11) Data on allegations of hazing and bullying in the Coast Guard, including final disposition of investigations.

(12) Plans of the Commandant to improve hazing and bullying prevention and response during the next reporting year.

(Added Pub. L. 119–60, div. G, title LXXII, §7228(a), Dec. 18, 2025, 139 Stat. 1708.)

Editorial Notes

References in Text

Section 549 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (a), is section 549 of Pub. L. 114–328, which is set out as a note under section 113 of Title 10, Armed Forces.

The Uniform Code of Military Justice, referred to in subsec. (c)(9)(E), is chapter 47 (§801 et seq.) of Title 10, Armed Forces.

¹ So in original. Probably should be "paragraph (2)".

² So in original. Probably should be "paragraph (3)".

³ So in original. Probably should be "paragraph (4)".

⁴ So in original. Probably should be "paragraph (5)".

SUBCHAPTER II—ADVISORY BOARD ON WOMEN IN THE COAST GUARD

Editorial Notes

Prior Provisions

A prior subchapter II was redesignated subchapter III of this chapter.

§2521. Advisory Board on Women in the Coast Guard

(a) In General.—The Commandant shall establish within the Coast Guard an Advisory Board on Women in the Coast Guard.

(b) Membership.—The Advisory Board established under subsection (a) shall be composed of such number of members as the Commandant considers appropriate, selected by the Commandant through a public selection process from among applicants for membership on the Board. The members of the Board shall, to the extent practicable, represent the diversity of the Coast Guard. The members of the Committee shall include an equal number of each of the following:

(1) Active duty officers of the Coast Guard.

(2) Active duty enlisted members of the Coast Guard.

(3) Members of the Coast Guard Reserve.

(4) Retired members of the Coast Guard.

(c) Duties.—The Advisory Board established under subsection (a)—

(1) shall advise the Commandant on improvements to the recruitment, retention, wellbeing, and success of women serving in the Coast Guard and attending the Coast Guard Academy, including recommendations for the report on gender diversity in the Coast Guard required by section 5109 of chapter 51 of title 14;

(2) may submit to the Commandant recommendations in connection with its duties under this subsection, including recommendations to implement the advice described in paragraph (1); and

(3) may brief Congress on its duties under this subsection, including the advice described in paragraph (1) and any recommendations described in paragraph (2).

(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8215(c)(2), Jan. 1, 2021, 134 Stat. 4651.)

SUBCHAPTER III—COVERED MISCONDUCT

Editorial Notes

Prior Provisions

A prior subchapter III, consisting of sections 2531 to 2534, was repealed by Pub. L. 117–263, div. K, title CXVIII, §11808(a)(18), Dec. 23, 2022, 136 Stat. 4166.

Amendments

2025—Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1790, added subchapter III designation and heading.

Statutory Notes and Related Subsidiaries

Policy Relating To Care and Support of Victims of Covered Misconduct

Pub. L. 119–60, div. G, title LXXV, §7512, Dec. 18, 2025, 139 Stat. 1807, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall issue Coast Guard policy relating to the care and support of members of the Coast Guard who are alleged victims covered [sic] misconduct.

"(b) Elements.—The policy required by subsection (a) shall require, to the maximum extent practicable, that—

"(1) a member of the Coast Guard who is an alleged victim of covered misconduct and discloses such covered misconduct to the appropriate individual of the Coast Guard responsible for providing victim care and support—

"(A) shall receive care and support from such individual; and

"(B) such individual shall not deny or unreasonably delay providing care and support; and

"(2) in the case of such an alleged victim to whom care and support cannot be provided by the appropriate individual contacted by the alleged victim based on programmatic eligibility criteria or any other reason that affects the ability of such appropriate individual to provide care and support (such as being stationed at a remote unit or serving on a vessel currently underway) the alleged victim shall receive, with the permission of the alleged victim—

"(A) an in-person introduction to appropriate service providers, for which the alleged victim is physically present, which shall occur at the discretion of the alleged victim; and

"(B) access to follow-up services from the appropriate 1 or more service providers.

"(c) Applicability.—The policy issued under subsection (a) shall apply to—

"(1) all Coast Guard personnel responsible for the care and support of victims of covered misconduct; and

"(2) any other Coast Guard personnel the Commandant [of the Coast Guard] considers appropriate.

"(d) Revision of Policy Relating to Domestic Abuse.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act, the Commandant [of the Coast Guard] shall issue or revise any Coast Guard policy or process described in paragraph (2) so as to define the term 'intimate partner' to have the meaning given such term in section 930 of title 10, United States Code.

"(2) Policy or process described.—A policy or process referred to in paragraph (1) is a policy or process which is—

"(A) related to domestic abuse;

"(B) written; and

"(C) publicly available.

"(e) Training.—

"(1) In general.—All Coast Guard personnel responsible for the care and support of members of the Coast Guard who are alleged victims of covered misconduct shall receive training in accordance with professional standards of practice to ensure that such alleged victims receive adequate care that is consistent with the policy issued under subsection (a).

"(2) Elements.—The training required by paragraph (1)—

"(A) shall include—

"(i) instructions on specific procedures for implementing the policy issued under subsection (a); and

"(ii) information on resources and personnel critical for the implementation of such policy; and

"(B) to the maximum extent practicable, shall be provided in person.

"(f) Covered Misconduct.—In this section, the term 'covered misconduct' shall have the meaning given such term in section 2539 of title 14, United States Code."

Flag Officer Review of, and Concurrence in, Separation of Members Who Have Reported Covered Misconduct

Pub. L. 119–60, div. G, title LXXV, §7513, Dec. 18, 2025, 139 Stat. 1808, provided that:

"(a) Policy to Require Review of Certain Proposed Involuntary Separations.—Not later than 120 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] 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—

"(1) made a restricted or unrestricted report of covered misconduct;

"(2) within 2 years after making such a report, is recommended for involuntary separation from the Coast Guard; and

"(3) 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.

"(b) Recusal.—

"(1) In general.—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.

"(2) Criteria.—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—

"(A) 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

"(B) associated with the individual suspected or accused of perpetrating the incident of covered misconduct reported by such member.

"(c) Concurrence of Flag Officer Required.—

"(1) In general.—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.

"(2) Flag officer described.—

"(A) In general.—Except as provided in subparagraph (B), the flag officer described in this paragraph is—

"(i) the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy; or

"(ii) 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.

"(B) Chain of command exception.—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 [of the Coast Guard] consistent with the policy established under subsection (a).

"(d) Notification Required.—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.

"(e) Covered Misconduct Defined.—In this section, the term 'covered misconduct' shall have the meaning given such term in section 2539 of title 14, United States Code."

Policy and Program To Expand Prevention of Sexual Misconduct

Pub. L. 119–60, div. G, title LXXV, §7514, Dec. 18, 2025, 139 Stat. 1810, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall develop and issue a comprehensive policy for the Coast Guard to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard that contains the policy elements described in section 1561 of title 10, United States Code.

"(b) Programs Required.—Not later than 180 days after the issuance of the policy required under paragraph (1) [sic], the Commandant [of the Coast Guard] shall develop and implement for the Coast Guard a program to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard."

Training and Education Programs for Covered Misconduct Prevention and Response

Pub. L. 119–60, div. G, title LXXV, §7515, Dec. 18, 2025, 139 Stat. 1810, provided that:

"(a) Modification of Curriculum.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall revise the curriculum of the Coast Guard with respect to covered misconduct prevention and response training—

"(A) to include—

"(i) information on procedures and responsibilities with respect to reporting requirements, investigations, survivor health and safety (including expedited transfers, no-contact orders, military and civilian protective orders, and temporary separations), and whistleblower protections;

"(ii) information on Department of Veterans Affairs resources available to veterans, active-duty personnel, and reserve personnel;

"(iii) information on the right of any member of the Coast Guard to seek legal resources outside the Coast Guard;

"(iv) general information regarding the availability of legal resources provided by civilian legal services organizations, presented in an organized and consistent manner that does not endorse any particular legal services organization; and

"(v) information on the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard; and

"(B) to address the workforce training recommendations set forth in the memorandum of the Coast Guard titled 'Commandant's Directed Actions—Accountability and Transparency', issued on November 27, 2023.

"(2) Collaboration.—In revising the curriculum under this subsection, the Commandant [of the Coast Guard] shall solicit input from individuals outside the Coast Guard who are experts in sexual assault and sexual harassment prevention and response training.

"(b) Covered Misconduct Prevention and Response Training and Education.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act, the Commandant [of the Coast Guard] shall ensure that all members and civilian employees of the Coast Guard are provided with annual covered misconduct prevention and response training and education for the purpose of strengthening individual knowledge, skills, and capacity relating to the prevention of and response to covered misconduct.

"(2) Scope.—The training and education referred to in paragraph (1)—

"(A) shall be provided as part of—

"(i) initial entry and accession training;

"(ii) annual refresher training;

"(iii) initial and recurring training courses for covered first responders;

"(iv) new and prospective commanding officer and executive officer training; and

"(v) specialized leadership training; and

"(B) shall be tailored for specific leadership levels, positions, pay grades, and roles.

"(3) Content.—The training and education referred to in paragraph (1) shall include the information described in subsection (a)(1)(A).

"(c) Covered First Responder Training.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act, the Commandant [of the Coast Guard] shall ensure that—

"(A) training for covered first responders includes the covered misconduct prevention and response training described in subsection (b); and

"(B) such covered misconduct prevention and response training is provided to covered first responders on a recurring basis.

"(2) Requirements.—In addition to the information described in subsection (a)(1)(A), the initial and recurring covered misconduct prevention and response training for covered first responders shall include information on procedures and responsibilities with respect to—

"(A) the provision of care to a victim of covered misconduct, in accordance with professional standards or practice, that accounts for trauma experienced by the victim and associated symptoms or events that may exacerbate such trauma; and

"(B) the manner in which such a victim may receive such care.

"(d) Training for Prospective Commanding Officers and Executive Officers.—

"(1) In general.—Not later than 18 months after the date of enactment of this Act, the Commandant [of the Coast Guard] shall ensure that training for prospective commanders and executive officers at all levels of command includes the covered misconduct prevention and response training described in subsection (b).

"(2) Requirements.—In addition to the information described in subsection (a)(1)(A), the covered misconduct prevention and response training for prospective commanding officers and executive officers shall be—

"(A) tailored to the responsibilities and leadership requirements of members of the Coast Guard as they are assigned to command positions; and

"(B) revised, as necessary, to include information on—

"(i) fostering a command climate—

     "(I) that does not tolerate covered misconduct;

     "(II) in which individuals assigned to the command are encouraged to intervene to prevent potential incidents of covered misconduct; and

     "(III) that encourages victims of covered misconduct to report any incident of covered misconduct;

"(ii) the possible variations in the effect of trauma on individuals who have experienced covered misconduct;

"(iii) potential differences in the procedures and responsibilities, Department of Veterans Affairs resources, and legal resources described in subsection (a)(1)(A) depending on the operating environment in which an incident of covered misconduct occurred;

"(iv) the investigation of alleged incidents of covered misconduct, including training on understanding evidentiary standards;

"(v) available disciplinary options, including administrative action and deferral of discipline for collateral misconduct, and examples of disciplinary options in civilian jurisdictions; and

"(vi) the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard.

"(e) Entry and Accession Trainings.—

"(1) Initial training.—

"(A) In general.—Not later than 1 year after the date of enactment of this Act, the Commandant [of the Coast Guard] shall provide for the inclusion of an initial covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 14 duty days after the date of accession.

"(B) Requirement.—In addition to the information described in subsection (a)(1)(A), the initial training module referred to in subparagraph (A) shall include a comprehensive explanation of Coast Guard—

"(i) policy with respect to covered misconduct; and

"(ii) procedures for reporting covered misconduct.

"(2) Subsequent training.—

"(A) In general.—The Commandant [of the Coast Guard] shall provide for the inclusion of a detailed covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 60 duty days after the date on which the initial training module described in paragraph (1)(A) is provided.

"(B) Content.—The detailed training module referred to in subparagraph (A) shall include the information described in subsection (a)(1)(A).

"(f) Definitions.—In this section:

"(1) Covered first responder.—The term 'covered first responder' includes sexual assault response coordinators, victim advocates, Coast Guard medical officers, Coast Guard security forces, Coast Guard Investigative Service agents, judge advocates, special victims' counsel, chaplains, and related personnel.

"(2) Covered misconduct.—The term 'covered misconduct' has the meaning given such term in section 2539 of title 14, United States Code."

Development of Policies on Military Protective Orders

Pub. L. 119–60, div. G, title LXXV, §7522, Dec. 18, 2025, 139 Stat. 1813, provided that:

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall issue updated written detailed policies of the Coast Guard relating to military protective orders that are consistent with the law and policies of the Department of Defense.

"(2) Elements.—The policies developed under paragraph (1) shall require—

"(A) that any denial of a request for a military protective order shall include a written explanation for the denial, which shall be—

"(i) forwarded to the next flag officer in the chain of command of the commanding officer or other approving authority who denied the request; and

"(ii) provided to the member who submitted the request; and

"(B) the recusal of an approving authority from participating in the granting or denying of a military protective order, if such authority was, at any time—

"(i) the subject of a complaint of any form of assault, harassment, or retaliation filed by the member requesting the military protective order or the member who is the subject of the military protective order; or

"(ii) associated with the member requesting the military protective order or the member who is the subject of the military protective order in a manner that presents as an actual or apparent conflict of interest.

"(3) Notification requirement.—The Commandant [of the Coast Guard] shall develop a policy to ensure that sexual assault response coordinators, victim advocates, and other appropriate personnel shall inform victims of the process by which the victim may request an expedited transfer, a no-contact order, or a military or civilian protective order."

Participation in Catch a Serial Offender Program

Pub. L. 119–60, div. G, title LXXV, §7524, Dec. 18, 2025, 139 Stat. 1815, provided that:

"(a) In General.—The Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, acting through the Commandant [of the Coast Guard], shall ensure the participation of the Coast Guard in the Catch a Serial Offender program (referred to in this section as the 'CATCH program') of the Department of Defense established in accordance with section 543 of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) [128 Stat. 3373].

"(b) Memorandum of Understanding.—Not later than 60 days after the date of enactment of this Act [Dec. 18, 2025], the Secretary of the department in which the Coast Guard is operating and the Secretary of Defense shall finalize a memorandum of agreement to facilitate Coast Guard access to and participation in the CATCH program."

Coast Guard and Coast Guard Academy Access to Defense Sexual Assault Incident Database

Pub. L. 119–60, div. G, title LXXV, §7527, Dec. 18, 2025, 139 Stat. 1818, provided that:

"(a) Memorandum of Understanding.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard], in consultation with the Secretary of Defense, shall enter into a memorandum of understanding to enable the criminal offender case management and analytics database of the Coast Guard to have system interface access with the Defense Sexual Assault Incident Database (referred to in this section as the 'Database') established by section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 [Pub. L. 110–417] (10 U.S.C. 1561 note).

"(b) Plan.—

"(1) In general.—Not later than 60 days after entering into the memorandum of understanding required under subsection (a), the Commandant [of the Coast Guard], in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a plan to carry out the terms of such memorandum.

"(2) Elements.—The plan required under paragraph (1) shall include the following:

"(A) Measures to ensure that authorized staff of the Coast Guard have system interface access to the Database, and a description of any barrier to such access.

"(B) Measures to ensure that authorized staff of the Coast Guard Academy have system interface access to the Database, and a description of any barrier to such access that is unique to the Coast Guard Academy.

"(C) Measures to facilitate formal or informal communication between the Coast Guard and the Sexual Assault Prevention and Response Office of the Department of Defense, or any other relevant Department of Defense component, to identify or seek a resolution to barriers to Database access.

"(D) A description of the steps, measures, and improvements necessary to remove any barrier encountered by staff of the Coast Guard or the Coast Guard Academy in accessing the Database, including any failure of system interface access necessitating manual entry of investigative data.

"(E) An assessment of the technical challenges, timeframes, and costs associated with providing authorized staff of the Coast Guard and the Coast Guard Academy with system interface access for the Database that is substantially similar to such system interface access possessed by other branches of the Armed Forces.

"(3) Appropriate committees of congress defined.—In this subsection, the term 'appropriate committees of Congress' means—

"(A) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and

"(B) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives."

Expedited Transfer in Cases of Sexual Misconduct or Domestic Violence

Pub. L. 119–60, div. G, title LXXV, §7528, Dec. 18, 2025, 139 Stat. 1819, provided that:

"(a) Expedited Transfer Policy Update.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall update Coast Guard policy as necessary to implement—

"(1) an expedited transfer process for covered individuals consistent with—

"(A) Department of Defense policy on expedited transfers of victims of sexual assault or domestic violence in place on the date of enactment of this Act; and

"(B) subsection (b); and

"(2) a process by which—

"(A) a covered individual, the commanding officer of a covered individual, or any other Coast Guard official may initiate a request that a subject be administratively assigned to another unit in accordance with military assignments and authorized absence policy for the duration of the investigation and, if applicable, prosecution of such subject;

"(B) the Coast Guard shall ensure that any administrative assignment action in response to a request under subparagraph (A) will be taken not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the unit of the covered individual or the subject; and

"(C) protection of due process for the subject is preserved.

"(b) Recusal.—The expedited transfer process implemented under this section shall require the recusal of any official involved in the approval or denial of an expedited transfer request if the official was, at any time—

"(1) the subject of a complaint of any form of assault, harassment, or retaliation, or any other type of complaint, filed by the covered individual; or

"(2) associated, beyond workplace interactions, with the subject in a manner that may present an actual or apparent conflict of interest.

"(c) Notification Requirement.—With respect to a member of the Coast Guard who makes an unrestricted report of sexual assault or a report of domestic violence, the updated policy required under subsection (a) shall specify the appropriate officials of the Coast Guard who shall provide such member with information regarding expedited transfer authority.

"(d) Report.—

"(1) Initial report.—Not later than March 1 of the year that is not less than 1 year after the date on which the updates required under subsection (a) are completed, the Commandant [of the Coast Guard] 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 of title 14, United States Code, a report on such updates that includes—

"(A) a copy of the updated policies of the Coast Guard relating to expedited transfers;

"(B) a summary of such updated policies;

"(C) for the preceding year, the number of covered individuals who have requested an expedited transfer, disaggregated by gender of the requester and whether the request was granted or denied;

"(D) for each denial of an expedited transfer request during the preceding year, a description of the rationale for the denial; and

"(E) any other matter the Commandant considers appropriate.

"(2) Subsequent reports.—Not later than 1 year after the Commandant submits the report required under paragraph (1), and annually thereafter for 3 years, 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 of title 14, United States Code, a report on the updates required under subsection (a) that includes—

"(A) any policies of the Coast Guard relating to expedited transfers that have been updated since the previous report submitted under this subsection;

"(B) a summary of any such updated policies; and

"(C) the information described under subparagraphs (C) through (E) of paragraph (1).

"(e) Definitions.—In this section:

"(1) Covered individual.—The term 'covered individual' means—

"(A) a member of the Coast Guard who is a victim of sexual assault in a case handled under the Sexual Assault Prevention, Response, and Recovery Program or the Family Advocacy Program;

"(B) a member of the Coast Guard who is a victim of domestic violence (as defined by the Secretary of the department in which the Coast Guard is operating in the policies prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Coast Guard; and

"(C) a member of the Coast Guard whose dependent is a victim of sexual assault or domestic violence.

"(2) Subject.—The term 'subject' means a member of the Coast Guard who is the subject of an investigation related to alleged incidents of sexual assault or domestic violence and is stationed at the same installation as, or in close proximity to, the covered individual involved."

Access to Temporary Separation Program for Victims of Alleged Sex-Related Offenses

Pub. L. 119–60, div. G, title LXXV, §7529, Dec. 18, 2025, 139 Stat. 1821, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall update the Coast Guard policy relating to temporary separation of members of the Coast Guard who are victims of alleged sex-related offenses as required under subsection (b).

"(b) Eligibility.—The updated policy required under subsection (a) shall include—

"(1) a provision that allows a member of the Coast Guard to request to participate in the temporary separation program if the member has reported, in an unrestricted format or to the greatest extent practicable, a restricted format, being the victim of an alleged sex-related offense on a date that is during—

"(A) the 5-year period preceding the requested date of separation; and

"(B) the military service of the member;

"(2) a provision that provides eligibility for a member of the Coast Guard to request temporary separation if the member has reported being the victim of an alleged sex-related offense, even if—

"(A) the member has had a previous temporary separation including a previous temporary separation as the victim of a previous unrelated alleged sex-related offense; or

"(B) the enlistment period of the member is not nearing expiration or the tour or contract of the member is not nearing completion;

"(3) an updated standard of review consistent with the application of, and purposes of, this section; and

"(4) the establishment of a process—

"(A) for eligible members to make requests for temporary separation under this section; and

"(B) that allows the Commandant [of the Coast Guard] to consider whether to allow a member granted temporary separation under this section to fulfill the enlistment period or tour or contract obligation of the member after the end of the temporary separation period.

"(c) Exception From Repayment of Bonuses, Incentive Pay, or Similar Benefits and Termination of Remaining Payments.—For any temporary separation granted under the updated policy required under subsection (a), the Secretary concerned may conduct a review to determine whether to exercise discretion in accordance with section 373(b)(1) of title 37, United States Code.

"(d) Definitions.—In this section:

"(1) Secretary concerned.—The term 'Secretary concerned' has the meaning given such term in section 101 of title 37, United States Code.

"(2) Sex-related offense.—The term 'sex-related offense' has the meaning given such term in section 1044e(h) of title 10, United States Code."

Policy on Requests for Permanent Changes of Station or Unit Transfers by Persons Who Report Being the Victim of Sexual Assault

Pub. L. 117–263, div. K, title CXII, §11273, Dec. 23, 2022, 136 Stat. 4068, provided that:

"(a) Interim Update.—Not later than 30 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard], in consultation with the Director of the Health, Safety, and Work Life Directorate, shall issue an interim update to Coast Guard policy guidance to allow a member of the Coast Guard who has reported being the victim of a sexual assault, or any other offense covered by section 920, 920c, or 930 of title 10, United States Code (article 120, 120c, or 130 of the Uniform Code of Military Justice), to request an immediate change of station or an immediate unit transfer.

"(b) Final Policy.—The Commandant shall issue a final policy based on the interim updates issued under the preceding sentence not later than 1 year after the date of enactment of this Act."

Sex Offenses and Personnel Records

Pub. L. 117–263, div. K, title CXII, §11274, Dec. 23, 2022, 136 Stat. 4068, provided that:

"Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall issue final regulations or policy guidance required to fully implement section 1745 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note) with respect to members of the Coast Guard."

§2531. Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct

(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.

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1790.)

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (a), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

Prior Provisions

A prior section 2531, act Aug. 4, 1949, ch. 393, 63 Stat. 526, §432; Aug. 9, 1955, ch. 650, §§1, 2, 69 Stat. 577; Pub. L. 86–309, Sept. 21, 1959, 73 Stat. 585; Pub. L. 91–278, §1(10), June 12, 1970, 84 Stat. 305; Pub. L. 96–23, §5(a), June 13, 1979, 93 Stat. 68; Pub. L. 97–295, §2(11), (13), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–557, §15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–640, §10(a)(7), Nov. 10, 1986, 100 Stat. 3549; renumbered §2531, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(21), Jan. 1, 2021, 134 Stat. 4748, which related to personnel of former Lighthouse Service, was repealed by Pub. L. 117–263, div. K, title CXVIII, §11808(a)(18), Dec. 23, 2022, 136 Stat. 4166.

§2532. Requirement to maintain certain records

(a) In General.—The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against chapter 47 of title 10.

(b) Record Retention Period.—Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.

(c) Case Action Summary.—Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following:

(1) The disposition actions.

(2) The name and command of the referral authority.

(3) Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel.

(4) A reference section listing the materials reviewed in making a disposition decision.

(5) The Coast Guard Investigative Service report of investigation.

(6) The completed Coast Guard Investigative Service report of adjudication included as an enclosure.

(d) Definition.—In this section, the term "work product" includes—

(1) a prosecution memorandum;

(2) emails, notes, and other correspondence related to a disposition decision; and

(3) the contents described in paragraphs (1) through (6) of subsection (c).

(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.

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1795.)

Editorial Notes

Prior Provisions

A prior section 2532, added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8510(b), Jan. 1, 2021, 134 Stat. 4757, which related to retirement of certain employees of former Lighthouse Service, was repealed by Pub. L. 117–263, div. K, title CXVIII, §11808(a)(18), Dec. 23, 2022, 136 Stat. 4166.

§2533. Covered misconduct in Coast Guard

(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).

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1795.)

Editorial Notes

References in Text

Section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (c)(1)(A)(ii)(IV), (2)(A)(ii)(I)(dd), is section 549G(b) of Pub. L. 117–81, which is set out as a note under section 1561 of Title 10, Armed Forces.

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (c)(1)(B), (2)(B), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

The date of enactment of the Coast Guard and Maritime Transportation Act of 2012, referred to in subsec. (c)(1)(B), (2)(B), is the date of enactment of Pub. L. 112–213, which was approved Dec. 20, 2012.

Section 1631(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, referred to in subsec. (e), is section 1631(c) of Pub. L. 111–383, which is set out as a note under section 1561 of Title 10, Armed Forces.

Prior Provisions

A prior section 2533, added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8511(a), Jan. 1, 2021, 134 Stat. 4758, which related to surviving spouses of current or former employees of Lighthouse Service, was repealed by Pub. L. 117–263, div. K, title CXVIII, §11808(a)(18), Dec. 23, 2022, 136 Stat. 4166.

§2534. Review of discharge characterization

(a) Downgrade.—

(1) In general.—The decision to conduct a case review under this section shall be at the discretion of the Secretary of the department in which the Coast Guard is operating.

(2) Board of review.—In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice).

(3) Evidence.—Any downgrade under paragraph (2) shall be supported by clear and convincing evidence.

(4) Limitation.—The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.

(b) Procedural Rights.—

(1) In general.—A review by a board established under section 1553 of title 10 and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), shall be based on the records of the Coast Guard, and with respect to a member who also served in another one of the armed forces, the records of the armed forces concerned and such other evidence as may be presented to the board.

(2) Evidence by witness.—A witness may present evidence to the board in person or by affidavit.

(3) Appearance before board.—A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

(4) Notification.—A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (a) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1802.)

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsecs. (a)(2) and (b)(1), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

Prior Provisions

A prior section 2534, added and amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8511(b), Jan. 1, 2021, 134 Stat. 4758, which related to application for section 2533 benefits, was repealed by Pub. L. 117–263, div. K, title CXVIII, §11808(a)(18), Dec. 23, 2022, 136 Stat. 4166.

Statutory Notes and Related Subsidiaries

Rulemaking

Pub. L. 119–60, div. G, title LXXV, §7511(b), Dec. 18, 2025, 139 Stat. 1807, provided that:

"(1) In general.—Not later than 90 days after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard] shall initiate a rulemaking to implement section 2534 [this section].

"(2) Deadline for regulations.—The regulations issued under paragraph (1) shall take effect not later than 180 days after the date on which the Commandant [of the Coast Guard] promulgates a final rule pursuant to such paragraph."

§2535. Safe-to-Report policy for Coast Guard

(a) In General.—Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall, in consultation with the Secretaries of the military departments, establish and maintain a detailed and publicly available safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard), cadets at the Coast Guard Academy, and any other individual undergoing training at an accession point of the Coast Guard.

(b) Safe-to-Report Policy.—The safe-to-report policy described in this subsection is a policy that—

(1) prescribes the handling of minor collateral misconduct, involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault; and

(2) applies to all such individuals, regardless of—

(A) to whom the victim makes the allegation or who receives the victim's report of sexual assault; or

(B) whether the report, investigation, or prosecution is handled by military or civilian authorities.

(c) Mitigating and Aggravating Circumstances.—In issuing the policy under subsection (a), the Commandant shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.

(d) Tracking of Collateral Misconduct Incidents.—In conjunction with the issuance of the policy under subsection (a), the Commandant shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy.

(e) Minor Collateral Misconduct Defined.—In this section, the term "minor collateral misconduct" means any minor misconduct that is potentially punishable under chapter 47 of title 10 that—

(1) is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the allegation of sexual assault allegation;

(2) is discovered as a direct result of the report of sexual assault or the ensuing investigation into such sexual assault; and

(3) does not involve aggravating circumstances (as specified in the policy issued under subsection (a)) that increase the gravity of the minor misconduct or the impact of such misconduct on good order and discipline.

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1803.)

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (a), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

§2536. Notification of changes to Uniform Code of Military Justice or Manual for Courts ¹ Martial relating to covered misconduct

Beginning on March 30, 2026, and annually thereafter, the Commandant shall provide a detailed written notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with respect to each of the following:

(1) Whether the Uniform Code of Military Justice (chapter 47 of title 10) has been amended—

(A) to add any sex-related offense as a new article; or

(B) to remove an article relating to covered misconduct described in any of paragraphs (1) through (7) of section 301.²

(2) Whether the Manual for Courts ¹ Martial has been modified—

(A) to add any sex-related offense as an offense described under an article of the Uniform Code of Military Justice; or

(B) to remove as an offense described under an article of the Uniform Code of Military Justice covered misconduct described in any of paragraphs (1) through (7) of section 301.²

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1804.)

¹ So in original. Probably should be followed by a hyphen.

² So in original. Probably should be "section 2539 of this title".

§2537. Accountability and transparency relating to allegations of misconduct against senior leaders

(a) In General.—Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary shall establish a publicly available, written policy to improve oversight, investigations, accountability, and public transparency regarding alleged misconduct of senior leaders of the Coast Guard.

(b) Elements.—The policy required by subsection (a)—

(1) shall require that—

(A) any allegation of alleged misconduct made against a senior leader of the Coast Guard shall be reported to the Office of the Inspector General of the department in which the Coast Guard is operating not later than 72 hours after the allegation is reported to the Coast Guard or the department in which the Coast Guard is operating; and

(B) the Inspector General of the department in which the Coast Guard is operating shall notify the head of the Coast Guard office in which the senior leader is serving with respect to the receipt of such allegation, or, in a case where the senior leader is the head of such Coast Guard office, the next in the chain of command, as appropriate, except in a case in which the Inspector General determines that such notification would risk impairing an ongoing investigation, would unnecessarily compromise the anonymity of the individual making the allegation, or would otherwise be inappropriate; and

(2) to the extent practicable, shall be consistent with Department of Defense directives, including Department of Defense Directive 5505.06.

(c) First Right to Exclusive Investigation.—The Inspector General of the department in which the Coast Guard is operating—

(1) shall have the first right to investigate an allegation described in subsection (b)(1)(A); and

(2) in cases with concurrent jurisdiction involving an allegation described in subsection (b)(1)(A), may investigate such an allegation to the exclusion of any other Coast Guard criminal or administrative investigation if the Inspector General determines that an exclusive investigation is necessary to maintain the integrity of the investigation.

(d) Public Availability and Broad Dissemination.—The policy established under subsection (a) shall be made available to the public and incorporated into training and curricula across the Coast Guard at all levels to ensure broad understanding of the policy among members and personnel of the Coast Guard.

(e) Definitions.—In this section:

(1) Alleged misconduct.—The term "alleged misconduct"—

(A) means a credible allegation that, if proven, would constitute a violation of—

(i) a provision of criminal law, including the Uniform Code of Military Justice (chapter 47 of title 10); or

(ii) a recognized standard, such as the Department of Defense Joint Ethics Regulation or other Federal regulation, including any other Department of Defense regulation and any Department of Homeland Security regulation; or

(B) could reasonably be expected to be of significance to the Secretary or the Inspector General of the department in which the Coast Guard is operating, particularly in a case in which there is an element of misuse of position or of unauthorized personal benefit to the senior official, a family member, or an associate.

(2) Senior leader of the coast guard.—The term "senior leader of the Coast Guard" means—

(A) an active duty, retired, or reserve officer of the Coast Guard in the grade of O–7 or higher;

(B) an officer of the Coast Guard selected for promotion to the grade of O–7;

(C) a current or former civilian member of the Senior Executive Service (career reserved) employed by the Coast Guard; or

(D) any civilian member of the Coast Guard whose position is deemed equivalent to that of a member of the Senior Executive Service (career reserved), as determined by the Office of the Inspector General of the department in which the Coast Guard is operating.

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1804.)

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (a), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

§2538. Inclusion and command review of information on covered misconduct in personnel service records

(a) Information on Reports on Covered Misconduct.—

(1) In general.—If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member.

(2) Purpose.—The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order—

(A) to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and

(B) to help inform commissioning or promotability of the member;

(3) Limitation on placement.—A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member.

(4) Construction.—Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.

(b) Command Review of History of Covered Misconduct.—

(1) In general.—Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member.

(2) Covered member defined.—In this subsection, the term "covered member" means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A).¹

(c) Review of Personnel Service Record to Determine Suitability for Civilian Employment.—Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the Coast Guard Authorization Act of 2025 to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1806.)

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (c), is the date of enactment of div. G of Pub. L. 119–60, which was approved Dec. 18, 2025.

¹ So in original. Probably should be "paragraph (1).".

§2539. Covered misconduct defined

In this title, the term "covered misconduct" means—

(1) rape and 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);

(2) sexual harassment, as described in Executive Order 14062 dated January 26, 2022, and enumerated under section 934 of title 10 (article 134 of the Uniform Code of Military Justice);

(3) abusive sexual contact and aggravated sexual contact, as described in sections 920(c) and 920(d) of title 10 (articles 120(c) and 120(d) of the Uniform Code of Military Justice);

(4) wrongful broadcast, dissemination, or creation of content as described in sections 917 ¹ and 920c of title 10 (articles 117a and 120c of the Uniform Code of Military Justice);

(5) the child pornography offenses as described in section 934 of title 10 (article 134 of the Uniform Code of Military Justice);

(6) rape and sexual assault of a child, other sexual misconduct, and stalking, as described in sections 920b, 920c(a), and 930 of title 10 (articles 120b, 120c, and 130 of the Uniform Code of Military Justice); and

(7) domestic violence, as described in section 928b of title 10 (article 128b of the Uniform Code of Military Justice).

(Added Pub. L. 119–60, div. G, title LXXV, §7511(a), Dec. 18, 2025, 139 Stat. 1806.)

Editorial Notes

References in Text

Executive Order 14062, referred to in par. (2), is Ex. Ord. No. 14062, Jan. 26, 2022, 87 F.R. 4763, which is listed in a table under section 801 of Title 10, Armed Forces. For further details, see Pub. L. 117–81, div. A, title V, §539D, Dec. 27, 2021, 135 Stat. 1699, set out as a note under section 934 of Title 10, Armed Forces.

¹ So in original. Probably should be "917a".