I 

118TH CONGRESS 

2D SESSION H. R. 7557 

To protect members of the Coast Guard from sexual assault and harassment 

and increase transparency within the Coast Guard, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2024 

Mr. WEBSTER of Florida (for himself, Mr. CARBAJAL, Mr. GRAVES of Missouri, and Mr. LARSEN of Washington) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To protect members of the Coast Guard from sexual assault 

and harassment and increase transparency within the 

Coast Guard, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard Protection and Accountability Act of 

6 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Findings. 

Sec. 3. Implementation status of directed actions. 

Sec. 4. Independent review of Coast Guard reforms. 

Sec. 5. Requirement to maintain certain records. 

Sec. 6. Study on Coast Guard Academy oversight. 

Sec. 7. Providing for the transfer of a cadet who is the victim of a sexual assault or related offense. 

Sec. 8. Designation of officers with particular expertise in military justice or 

healthcare. 

Sec. 9. Direct hire authority for certain personnel of Coast Guard. 

Sec. 10. Safe-to-report policy for Coast Guard. 

Sec. 11. Modification of delivery date of Coast Guard sexual assault report. 

Sec. 12. Higher-level review of board of determination decisions. 

Sec. 13. Review of discharge or dismissal. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In 2014, the Coast Guard initiated Oper4 ation Fouled Anchor, an investigation that revealed 

5 reports of rapes, sexual assaults, and other forms of 

6 harassment at the Coast Guard Academy from the 

7 1990s until 2006. 

8 (2) During the period investigated, and partly 

9 driven by efforts to protect the reputation of the 

10 Coast Guard, the Coast Guard repeatedly mis11 handled cases of sexual assault, failed to protect vic12 tims, and did not hold perpetrators properly ac13 countable. 

14 (3) Furthermore, until prompted by a news re15 port published in 2023, the Coast Guard buried the 

16 findings of Operation Fouled Anchor by failing to 

17 share the findings with Congress and the public, and 

18 neglected to make needed reforms and cultural 

19 changes within the service. 


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1 (4) In November 2023, the Coast Guard pub2 lished an Accountability and Transparency Review. 

3 As a result of the review, the Commandant of the 

4 Coast Guard directed the implementation of actions 

5 in support of the Accountability and Transparency 

6 Review. The directed actions include structural 

7 changes, training improvements, and greater support 

8 and guidance for members of the Coast Guard who 

9 are victims of sexual assault and harassment. 

10 (5) To ensure public confidence in the service, 

11 the Coast Guard requires additional oversight and 

12 accountability to affect the improvements and pro13 tections deserved by service members of the Coast 

14 Guard. 

15 SEC. 3. IMPLEMENTATION STATUS OF DIRECTED ACTIONS. 

16 (a) IN GENERAL.—Chapter 51 of title 14, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 5116. Implementation status of directed actions 

20 ‘‘(a) IN GENERAL.—Not later than March 1, 2025, 

21 and not later than March 1 of each of the 3 subsequent 

22 years thereafter, the Commandant shall submit to the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives and the Committee on Com25 merce, Science, and Transportation of the Senate a report 


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1 on the status of the implementation of each directed action 

2 outlined in enclosure 1 of the memorandum of the Com3 mandant titled ‘Commandant’s Directed Actions—Ac4 countability and Transparency’, dated November 27, 

5 2023. 

6 ‘‘(b) CONTENTS.—The report required under section 

7 (a) shall contain the following: 

8 ‘‘(1) The status of the implementation of each 

9 directed action from enclosure 1 of the memorandum 

10 titled ‘Commandant’s Directed Actions—Account11 ability and Transparency’ dated November 27, 2023. 

12 ‘‘(2) A plan and timeline for the next steps to 

13 be taken to complete outstanding directed actions in 

14 enclosure 1 of the memorandum titled ‘Com15 mandant’s Directed Actions—Accountability and 

16 Transparency’ dated November 27, 2023, including 

17 identifying the individual the Commandant has se18 lected to ensure the successful completion of each di19 rected action. 

20 ‘‘(3) Metrics to determine the effectiveness of 

21 each directed action in such enclosure. 

22 ‘‘(4) Any additional actions the Commandant is 

23 taking to mitigate instances of sexual assault and 

24 sexual harassment within the Coast Guard.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 51 of title 14, United States Code, is amended by add3 ing at the end the following: 

‘‘5116. Implementation status of directed actions.’’. 

4 SEC. 4. INDEPENDENT REVIEW OF COAST GUARD RE5 FORMS. 

6 (a) GOVERNMENT ACCOUNTABILITY OFFICE RE7 PORT.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Comptroller 

10 General of the United States shall report to the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Sen14 ate on the efforts of the Coast Guard to mitigate 

15 cases of sexual assault and sexual harassment within 

16 the service. 

17 (2) ELEMENTS.—The report required under 

18 paragraph (1) shall— 

19 (A) evaluate— 

20 (i) the efforts of the Commandant of 

21 the Coast Guard to implement the directed 

22 actions from enclosure 1 of the memo23 randum titled ‘‘Commandant’s Directed 

24 Actions—Accountability and Trans25 parency’’ dated November 27, 2023; 


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1 (ii) whether the Commandant of the 

2 Coast Guard met the reporting require3 ments under section 5112 of title 14, 

4 United States Code; and 

5 (iii) the effectiveness of the actions of 

6 the Coast Guard, including efforts outside 

7 of the actions described in the memo8 randum titled ‘‘Commandant’s Directed 

9 Actions—Accountability and Trans10 parency’’ dated November 27, 2023, to 

11 mitigate instances of sexual assault and 

12 sexual harassment and improve the en13 forcement relating to such instances within 

14 the Coast Guard, and how the Coast 

15 Guard is overcoming challenges in imple16 menting such actions; 

17 (B) make recommendations to the Com18 mandant for improvements to the efforts of the 

19 service to mitigate instances of sexual assault 

20 and sexual harassment and improve the en21 forcement relating to such instances within the 

22 Coast Guard; and 

23 (C) make recommendations to the Com24 mittee on Transportation and Infrastructure of 

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1 mittee on Commerce, Science, and Transpor2 tation of the Senate to mitigate instances of 

3 sexual assault and sexual harassment in the 

4 Coast Guard and improve the enforcement re5 lating to such instances within the Coast 

6 Guard, including proposed changes to any legis7 lative authorities. 

8 (b) REPORT BY THE COMMANDANT.—Not later than 

9 90 days after the date on which the Comptroller General 

10 completes all actions under subsection (a), the Com11 mandant of the Coast Guard shall submit to the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate a report that 

15 includes the following: 

16 (1) A plan for Coast Guard implementation, in17 cluding interim milestones and timeframes, of any 

18 recommendation made by the Comptroller General 

19 under subsection (a)(2)(B) with which the Com20 mandant concurs. 

21 (2) With respect to any recommendation made 

22 under subsection (a)(2)(B) with which the Com23 mandant does not concur, an explanation of the rea24 sons why the Commandant does not concur. 


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1 SEC. 5. REQUIREMENT TO MAINTAIN CERTAIN RECORDS. 

2 (a) IN GENERAL.—Chapter 9 of title 14, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 955. Requirement to maintain certain records 

6 ‘‘(a) IN GENERAL.—The Commandant of the Coast 

7 Guard shall maintain all work product related to final ac8 tion documenting a disposition decision on an investiga9 tion by the Coast Guard Investigative Service or other law 

10 enforcement entity investigating a Coast Guard member 

11 accused of misconduct for not less than 7 years from date 

12 of the disposition decision. 

13 ‘‘(b) FINAL ACTION MEMO.—Upon a final action 

14 documenting a disposition decision described in subsection 

15 (a), the convening authority or final decision-making au16 thority, as applicable, shall sign a final action memo that 

17 includes the following: 

18 ‘‘(1) A reference section listing the materials re19 viewed in making a disposition decision. 

20 ‘‘(2) The Coast Guard Investigative Service re21 port of investigation listed as either a reference or 

22 an enclosure. 

23 ‘‘(3) The prosecution memo, signed by the con24 vening authority or the final decision-making author25 ity, listed and included as an enclosure. 


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1 ‘‘(4) The completed Coast Guard Investigative 

2 Service report of adjudication listed and included as 

3 an enclosure. 

4 ‘‘(5) The disposition decision. 

5 ‘‘(c) WORK PRODUCT.—In this section, the term 

6 ‘work product’ includes— 

7 ‘‘(1) a prosecution memo; 

8 ‘‘(2) emails, notes, and other correspondence re9 lated to a disposition decision; and 

10 ‘‘(3) the content described in paragraphs (1) 

11 through (5) of subsection (b).’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 9 of title 14, United States Code, is amended by add14 ing at the end the following: 

‘‘955. Requirement to maintain certain records.’’. 

15 SEC. 6. STUDY ON COAST GUARD ACADEMY OVERSIGHT. 

16 (a) IN GENERAL.—Not later than 30 days after the 

17 date of enactment of this Act, the Commandant of the 

18 Coast Guard, in consultation with relevant stakeholders, 

19 shall conduct a study on the governance of the Coast 

20 Guard Academy, including examining the roles, respon21 sibilities, authorities, advisory functions, and membership 

22 qualifications and expertise of the Board of Visitors and 

23 Board of Trustees of such Academy. 

24 (b) REPORT.—Not later than 1 year after the date 

25 of enactment of this Act, the Commandant shall submit 


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1 to the Committee on Transportation and Infrastructure 

2 of the House of Representatives and the Committee on 

3 Commerce, Science, and Transportation of the Senate a 

4 written report that contains— 

5 (1) the results of the study required under sub6 section (a); and 

7 (2) recommendations to improve governance at 

8 the Coast Guard Academy. 

9 SEC. 7. PROVIDING FOR THE TRANSFER OF A CADET WHO 

10 IS THE VICTIM OF A SEXUAL ASSAULT OR RE11 LATED OFFENSE. 

12 Section 1902 of title 14, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(f) CONSIDERATION OF REQUEST FOR TRANSFER

15 OF CADET WHO IS THE VICTIM OF SEXUAL ASSAULT OR

16 RELATED OFFENSE.— 

17 ‘‘(1) IN GENERAL.—The Commandant shall 

18 provide for timely consideration of and action on a 

19 request submitted by a cadet appointed to the Coast 

20 Guard Academy who is the victim of an alleged sex21 ual assault or other offense covered by section 920, 

22 920c, or 930 of title 10 (article 120, 120c, or 130 

23 of the Uniform Code of Military Justice) for transfer 

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1 serve Officers’ Training Corps program affiliated 

2 with another institution of higher education. 

3 ‘‘(2) RULEMAKING.—The Commandant shall 

4 prescribe regulations to carry out this subsection 

5 that— 

6 ‘‘(A) ensure that any cadet who has been 

7 appointed to the Coast Guard Academy is in8 formed of the right to request a transfer pursu9 ant to this subsection, and that any formal re10 quest submitted by a cadet is processed as ex11 peditiously as practicable for review and action 

12 by the Superintendent; 

13 ‘‘(B) direct the Superintendent of the 

14 Coast Guard Academy, in coordination with the 

15 Superintendent of the Service Academy to 

16 which the cadet requests to transfer— 

17 ‘‘(i) to act on a request for transfer 

18 under this subsection not later than 72 

19 hours after receiving the formal request 

20 from the cadet; 

21 ‘‘(ii) to approve such request for 

22 transfer unless there are exceptional cir23 cumstances that require denial of the re24 quest; and 


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1 ‘‘(iii) upon approval of such request, 

2 to take all necessary and appropriate ac3 tion to effectuate the transfer of the cadet 

4 to the Service Academy concerned as expe5 ditiously as possible; and 

6 ‘‘(C) direct the Superintendent of the 

7 Coast Guard Academy, in coordination with the 

8 Secretary of the military department that spon9 sors the Senior Reserve Officers’ Training 

10 Corps program at the institution of higher edu11 cation to which the cadet requests to transfer— 

12 ‘‘(i) to act on a request for transfer 

13 under this subsection not later than 72 

14 hours after receiving the formal request 

15 from the cadet; 

16 ‘‘(ii) subject to the cadet’s acceptance 

17 for admission to the institution of higher 

18 education to which the cadet wishes to 

19 transfer, to approve such request for trans20 fer unless there are exceptional cir21 cumstances that require denial of the re22 quest; and 

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1 cation to which the cadet wishes to trans2 fer and to process the cadet for participa3 tion in the relevant Senior Reserve Offi4 cers’ Training Corps program as expedi5 tiously as possible. 

6 ‘‘(3) DENIAL OF TRANSFER REQUEST.—If the 

7 Superintendent of the Coast Guard Academy denies 

8 a request for transfer under this subsection, the 

9 cadet may request review of the denial by the Sec10 retary of the Department in which the Coast Guard 

11 is operating, who shall act on such request not later 

12 than 72 hours after receipt of the formal request for 

13 review. 

14 ‘‘(4) CONFIDENTIALITY OF RECORDS.—The 

15 Secretary of the Department in which the Coast 

16 Guard is operating shall ensure that all records of 

17 any request, determination, transfer, or other action 

18 under this subsection remain confidential, consistent 

19 with applicable law and regulation. 

20 ‘‘(5) APPOINTMENT TO SERVICE ACADEMY.—A 

21 cadet who transfers under this subsection may retain 

22 the cadet’s appointment to the Coast Guard Acad23 emy or may be appointed to the Service Academy to 

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1 tations and requirements described in sections 7442, 

2 8454, and 9442 of title 10. 

3 ‘‘(6) APPOINTMENT UPON GRADUATION.— 

4 ‘‘(A) PREFERENCE.—A cadet who trans5 fers under this subsection to a Service Acad6 emy, is entitled, before graduating from such 

7 Academy, to state the preference of the cadet 

8 for appointment, upon graduation, as a com9 missioned officer in the Coast Guard. 

10 ‘‘(B) MANNER OF APPOINTMENT.—Upon 

11 graduation, a cadet described in subparagraph 

12 (A) is entitled to be accepted for appointment 

13 as a permanent commissioned officer in the 

14 Regular Coast Guard in the same manner as 

15 graduates of the Coast Guard Academy as de16 scribed in section 2101. 

17 ‘‘(7) COMMISSION INTO COAST GUARD.—A 

18 cadet who transfers under this subsection to a Sen19 ior Reserve Officers’ Training Corps program affili20 ated with another institution of higher education is 

21 entitled upon graduation from the Senior Reserve 

22 Officers’ Training program to commission into the 

23 Coast Guard as described in section 3738a. 


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1 ‘‘(8) SERVICE ACADEMY DEFINED.—In this 

2 subsection, the term ‘Service Academy’ has the 

3 meaning given such term in section 347 of title 10.’’. 

4 SEC. 8. DESIGNATION OF OFFICERS WITH PARTICULAR EX5 PERTISE IN MILITARY JUSTICE OR 

6 HEALTHCARE. 

7 (a) IN GENERAL.—Subchapter I of chapter 21 of title 

8 14, United States Code is amended by adding at the end 

9 the following: 

10 ‘‘§ 2132. Designation of officers with particular exper11 tise in military justice or healthcare 

12 ‘‘(a) SECRETARY DESIGNATION.—The Secretary may 

13 designate a limited number of officers of the Coast Guard 

14 as having particular expertise in— 

15 ‘‘(1) military justice; or 

16 ‘‘(2) healthcare. 

17 ‘‘(b) PROMOTION AND GRADE.—An individual des18 ignated under this section— 

19 ‘‘(1) shall not be included on the active duty 

20 promotion list; 

21 ‘‘(2) shall be promoted under section 2126; and 

22 ‘‘(3) may not be promoted to a grade higher 

23 than captain.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 21 of such title is amended by inserting after the item 

3 relating to section 2131 the following: 

‘‘2132. Designation of officers with particular expertise in military justice or 

healthcare.’’. 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) Section 2102(a) of title 14, United States 

6 Code, is amended, in the second sentence, by strik7 ing ‘‘and officers of the permanent commissioned 

8 teaching staff of the Coast Guard Academy’’ and in9 serting ‘‘officers of the permanent commissioned 

10 teaching staff of the Coast Guard Academy, and of11 ficers designated by the Secretary pursuant to sec12 tion 2132’’. 

13 (2) Subsection (e) of section 2103 of such title 

14 is amended to read as follows: 

15 ‘‘(e) SECRETARY TO PRESCRIBE NUMBERS FOR CER16 TAIN OFFICERS.—The Secretary shall prescribe the num17 ber of officers authorized to be serving on active duty in 

18 each grade of— 

19 ‘‘(1) the permanent commissioned teaching 

20 staff of the Coast Guard Academy; 

21 ‘‘(2) the officers designated by the Secretary 

22 pursuant to section 2132; and 


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1 ‘‘(3) the officers of the Reserve serving in con2 nection with organizing, administering, recruiting, 

3 instructing, or training the reserve components.’’. 

4 (3) Section 2126 of such title is amended, in 

5 the second sentence, by inserting ‘‘and as to officers 

6 designated by the Secretary pursuant to section 

7 2132’’ after ‘‘reserve components’’. 

8 (4) Section 3736(a) of such title is amended— 

9 (A) in the first sentence, by striking ‘‘pro10 motion list and the’’ inserting ‘‘promotion list, 

11 officers designated by the Secretary pursuant to 

12 section 2132, and the officers on the’’; and 

13 (B) in the second sentence, by striking 

14 ‘‘promotion list or the’’ and inserting ‘‘pro15 motion list, officers designated by the Secretary 

16 pursuant to section 2132, or the officers on 

17 the’’. 

18 SEC. 9. DIRECT HIRE AUTHORITY FOR CERTAIN PER19 SONNEL OF COAST GUARD. 

20 (a) IN GENERAL.—Subchapter I of chapter 25 of title 

21 14, United States Code, is amended by adding at the end 

22 the following: 


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1 ‘‘§ 2517. Direct hire authority for certain personnel of 

2 Coast Guard 

3 ‘‘(a) IN GENERAL.—The Commandant of the Coast 

4 Guard may appoint, without regard to the provisions of 

5 subchapter I of chapter 33 of title 5 (other than section 

6 3303 and 3328 of such chapter), qualified candidates to 

7 any non-clinical specialist intended to engage in the inte8 grated primary prevention of harmful behaviors, including 

9 suicide, sexual assault, harassment, domestic abuse, and 

10 child abuse and qualified candidates to any criminal inves11 tigative law enforcement position of the Coast Guard 

12 Criminal Investigative Service intended to engage in the 

13 primary response to such harmful behaviors. 

14 ‘‘(b) SUNSET.—Effective on September 30, 2034, the 

15 authority provided under subsection (a) shall cease.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis of chap17 ter 25 of such title is amended by inserting after the item 

18 related to section 2516 the following: 

‘‘2517. Direct hire authority for certain personnel of United States Coast 

Guard.’’. 

19 SEC. 10. SAFE-TO-REPORT POLICY FOR COAST GUARD. 

20 (a) IN GENERAL.—Subchapter I of chapter 19 of title 

21 14, United States Code, is amended by adding at the end 

22 the following: 


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1 ‘‘§ 1907. Safe-to-report policy for Coast Guard 

2 ‘‘(a) IN GENERAL.—The Secretary of the department 

3 in which the Coast Guard is operating shall, in consulta4 tion with the Secretaries of the military departments, issue 

5 such regulations as are necessary to establish the safe-to6 report policy described in subsection (b) that applies with 

7 respect to all members of the Coast Guard (including 

8 members of the reserve and auxiliary components of the 

9 Coast Guard) and cadets at the Coast Guard Academy. 

10 ‘‘(b) SAFE-TO-REPORT POLICY.—The safe-to-report 

11 policy described in this subsection is a policy that pre12 scribes the handling of minor collateral misconduct involv13 ing a member of the Coast Guard who is the alleged victim 

14 or reporting witness of a sexual assault. 

15 ‘‘(c) MITIGATING AND AGGRAVATING CIR16 CUMSTANCES.—In issuing regulations under subsection 

17 (a), the Secretary shall specify mitigating circumstances 

18 that decrease the gravity of minor collateral misconduct 

19 or the impact of such misconduct on good order and dis20 cipline and aggravating circumstances that increase the 

21 gravity of minor collateral misconduct or the impact of 

22 such misconduct on good order and discipline for purposes 

23 of the safe-to-report policy. 

24 ‘‘(d) TRACKING OF COLLATERAL MISCONDUCT INCI25 DENTS.—In conjunction with the issuance of regulations 

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1 ment a process to anonymously track incidents of minor 

2 collateral misconduct that are subject to the safe-to-report 

3 policy established under such regulations. 

4 ‘‘(e) DEFINITION OF MINOR COLLATERAL MIS5 CONDUCT.—In this section, the term ‘minor collateral mis6 conduct’ means any minor misconduct that is punishable 

7 under chapter 47 of title 10 that— 

8 ‘‘(1) is committed close in time to or during a 

9 sexual assault and directly related to the incident 

10 that formed the basis of the sexual assault allega11 tion; 

12 ‘‘(2) is discovered as a direct result of the re13 port of sexual assault or the ensuing investigation 

14 into such sexual assault; and 

15 ‘‘(3) does not involve aggravating circumstances 

16 (as specified in the regulations issued under sub17 section (a)) that increase the gravity of the minor 

18 misconduct or the impact of such misconduct on 

19 good order and discipline.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 19 of title 14, United States Code, is amended by in22 serting after the item relating to section 1906 the fol23 lowing: 

‘‘1907. Safe-to-report policy for Coast Guard.’’. 


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1 SEC. 11. MODIFICATION OF DELIVERY DATE OF COAST 

2 GUARD SEXUAL ASSAULT REPORT. 

3 Section 5112(a) of title 14, United States Code, is 

4 amended by striking ‘‘January 15’’ and inserting ‘‘March 

5 1’’. 

6 SEC. 12. HIGHER-LEVEL REVIEW OF BOARD OF DETER7 MINATION DECISIONS. 

8 (a) IN GENERAL.—Section 2158 of title 14, United 

9 States Code, is amended— 

10 (1) in the first sentence by striking ‘‘The Sec11 retary’’ and inserting the following: 

12 ‘‘(a) IN GENERAL.—The Secretary’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(b) HIGHER-LEVEL REVIEW OF SEXUAL ASSAULT

15 CASES.— 

16 ‘‘(1) IN GENERAL.—If a board convened under 

17 this section determines that the officer should be re18 tained when the officer’s record indicates that the 

19 officer has committed a sexual assault offense, the 

20 board shall forward the record of the proceedings 

21 and recommendation of the board for higher-level re22 view, in accordance with regulations prescribed by 

23 the Secretary. 

24 ‘‘(2) AUTHORITY.—The official exercising high25 er-level review shall have authority to forward the 


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1 case for consideration by a Board of Inquiry in ac2 cordance with section 2159. 

3 ‘‘(c) SEXUAL ASSAULT OFFENSE.—In this section, 

4 the term ‘sexual assault offense’ means a violation of sec5 tion 920 or 920b of title 10, United States Code (article 

6 120 or 120b of the Uniform Code of Military Justice) or 

7 attempt to commit an offense specified under section 920 

8 or 920b as punishable under section 880 of such title (ar9 ticle 80 of the Uniform Code of Military Justice).’’. 

10 SEC. 13. REVIEW OF DISCHARGE OR DISMISSAL. 

11 (a) IN GENERAL.—Subchapter I of chapter 25 of title 

12 14, United States Code, is amended by adding at the end 

13 the following: 

14 ‘‘§ 2517. Review of discharge or dismissal 

15 ‘‘(a) DOWNGRADE.— 

16 ‘‘(1) IN GENERAL.—In addition to the require17 ments of section 1553 of title 10, a board of review 

18 for a former member of the Coast Guard established 

19 pursuant to such section may, upon a motion of the 

20 board and subject to review by the Secretary of the 

21 department in which the Coast Guard is operating, 

22 downgrade an honorable discharge or dismissal to a 

23 general (under honorable conditions) discharge or 

24 dismissal upon a finding that a former member of 

25 the Coast Guard, while serving on active duty as a 


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1 member of the armed forces, committed sexual as2 sault or sexual harassment in violation of section 

3 920, 920b, or 934 of this title (article 120, 120b, or 

4 134 of the Uniform Code of Military Justice). 

5 ‘‘(2) EVIDENCE.—Any downgrade under para6 graph (1) shall be supported by clear and convincing 

7 evidence. 

8 ‘‘(3) LIMITATION.—The review board under 

9 paragraph (1) may not downgrade a discharge or 

10 dismissal of a former member of the Coast Guard if 

11 the same action described in paragraph (1) was con12 sidered prior to separation from active duty by an 

13 administrative board in determining the character14 ization of discharge as otherwise provided by law 

15 and in accordance with regulations prescribed by the 

16 Secretary of the Department in which the Coast 

17 Guard is operating. 

18 ‘‘(b) PROCEDURAL RIGHTS.— 

19 ‘‘(1) IN GENERAL.—A review by a board estab20 lished under section 1553 of title 10 shall be based 

21 on the records of the armed forces concerned and 

22 such other evidence as may be presented to the 

23 board. 


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1 ‘‘(2) EVIDENCE BY WITNESS.—A witness may 

2 present evidence to the board in person or by affi3 davit. 

4 ‘‘(3) APPEARANCE BEFORE BOARD.—A person 

5 who requests a review under this section may appear 

6 before the board in person or by counsel or an ac7 credited representative of an organization recognized 

8 by the Secretary of Veterans Affairs under chapter 

9 59 of title 38. 

10 ‘‘(4) NOTIFICATION.—A former member of the 

11 Coast Guard who is subject to a downgrade in dis12 charge characterization review under subsection 

13 (b)(3) shall be notified in writing of such pro14 ceedings, afforded the right to obtain copies of 

15 records and documents relevant to the proceedings, 

16 and the right to appear before the board in person 

17 or by counsel or an accredited representative of an 

18 organization recognized by the Secretary of Veterans 

19 Affairs under chapter 59 of title 38.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 25 of title 14, United States Code, is amended by in22 serting after the item relating to section 2516 the fol23 lowing: 

‘‘2517. Review of discharge or dismissal.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS