14 USC SUBTITLE II, CHAPTER 25, SUBCHAPTER III: COVERED MISCONDUCT

From Title 14—COAST GUARDSUBTITLE II—PERSONNELCHAPTER 25—PERSONNEL; GENERAL PROVISIONS

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A prior subchapter III, consisting of sections 2531 to 2534, was repealed by Pub.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.

(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).

(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.

(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).

(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;

(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".

SUBCHAPTER III—COVERED MISCONDUCT

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Policy Relating To Care and Support of Victims of Covered Misconduct

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

Policy and Program To Expand Prevention of Sexual Misconduct

Training and Education Programs for Covered Misconduct Prevention and Response

Development of Policies on Military Protective Orders

Participation in Catch a Serial Offender Program

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

Expedited Transfer in Cases of Sexual Misconduct or Domestic Violence

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

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

Sex Offenses and Personnel Records

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

Editorial Notes

References in Text

Prior Provisions

§2532. Requirement to maintain certain records

Editorial Notes

Prior Provisions

§2533. Covered misconduct in Coast Guard

Editorial Notes

References in Text

Prior Provisions

§2534. Review of discharge characterization

Editorial Notes

References in Text

Prior Provisions

Statutory Notes and Related Subsidiaries

Rulemaking

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

Editorial Notes

References in Text

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

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

Editorial Notes

References in Text

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

Editorial Notes

References in Text

§2539. Covered misconduct defined

Editorial Notes

References in Text

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