- § 2531. Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct
- § 2532. Requirement to maintain certain records
- § 2533. Covered misconduct in Coast Guard
- § 2534. Review of discharge characterization
- § 2535. Safe-to-Report policy for Coast Guard
- § 2536. Notification of changes to Uniform Code of Military Justice or Manual for Courts
- § 2537. Accountability and transparency relating to allegations of misconduct against senior leaders
- § 2538. Inclusion and command review of information on covered misconduct in personnel service records
- § 2539. Covered misconduct defined
§ 2531. Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct
(a)Issuance of Policy.—Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary, in consultation with the Office of the Inspector General of the department in which the Coast Guard is operating and the Office of the Inspector General of the Department of Defense, shall issue a comprehensive policy for the Coast Guard on the retention of and access to evidence and records relating to covered misconduct involving members of the Coast Guard.
(b)Objectives.—The comprehensive policy required by subsection (a) shall revise existing policies and procedures, including systems of records, as necessary to ensure preservation of such evidence and records for periods sufficient—
(1) to ensure that members of the Coast Guard who were victims of covered misconduct are able to pursue claims for veterans benefits;
(2) to support administrative processes, criminal proceedings, and civil litigation conducted by military or civil authorities; and
(3) for such other purposes relating to the documentation of an incident of covered misconduct in the Coast Guard as the Secretary considers appropriate.
(c)Elements.—
(1)In general.—In developing the comprehensive policy required by subsection (a), the Secretary shall, at a minimum—
(A) identify records relating to an incident of covered misconduct that shall be retained;
(B) with respect to records relating to covered misconduct involving members of the Coast Guard that are not records of the Coast Guard, identify such records known to or in the possession of the Coast Guard, and set forth procedures for Coast Guard coordination with the custodian of such records for proper retention of the records;
(C) set forth criteria for the collection and retention of records relating to covered misconduct involving members of the Coast Guard;
(D) identify physical evidence and nondocumentary forms of evidence relating to covered misconduct that shall be retained;
(E) set forth the period for which evidence and records relating to covered misconduct involving members of the Coast Guard, including Coast Guard Form 6095, shall be retained, except that—
(i) any physical or forensic evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years, and for other covered misconduct not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice; and
(ii) documentary evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years;
(F) consider locations in which such records shall be stored;
(G) identify media and methods that may be used to preserve and ensure access to such records, including electronic systems of records;
(H) ensure the protection of privacy of—
(i) individuals named in records and status of records under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”) and section 552a of title 5 (commonly referred to as the “Privacy Act”); and
(ii) individuals named in restricted reporting cases;
(I) designate the 1 or more positions within the Coast Guard that shall have the responsibility for such record retention by the Coast Guard;
(J) require education and training for members and civilian employees of the Coast Guard on record retention requirements under this section;
(K) set forth criteria for access to such records relating to covered misconduct involving members of the Coast Guard, including whether the consent of the victim should be required, by—
(i) victims of covered misconduct;
(ii) law enforcement authorities;
(iii) the Department of Veterans Affairs; and
(iv) other individuals and entities, including alleged assailants;
(L) require uniform collection of data on—
(i) the incidence of covered misconduct in the Coast Guard; and
(ii) disciplinary actions taken in substantiated cases of covered misconduct in the Coast Guard; and
(M) set forth standards for communications with, and notifications to, victims, consistent with—
(i) the requirements of any applicable Department of Defense policy; and
(ii) to the extent practicable, any applicable policy of the department in which the Coast Guard is operating.
(2)Retention of certain forms and evidence in connection with restricted reports and unrestricted reports of sexual assault involving members of the coast guard.—
(A)In general.—The comprehensive policy required by subsection (a) shall require all unique or original copies of Coast Guard Form 6095 filed in connection with a restricted or unrestricted report on an alleged incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard to be retained for the longer of—
(i) 50 years commencing on the date of signature of the covered person on Coast Guard Form 6095; or
(ii) the time provided for the retention of such form in connection with unrestricted and restricted reports on incidents of sexual assault involving members of the Coast Guard under Coast Guard policy.
(B)Protection of confidentiality.—Any Coast Guard form retained under subparagraph (A) shall be retained in a manner that protects the confidentiality of the member of the Coast Guard concerned in accordance with Coast Guard policy.
(3)Retention of case notes in investigations of covered misconduct involving members of the coast guard.—
(A)Required retention of all investigative records.—The comprehensive policy required by subsection (a) shall require, for all criminal investigations relating to an alleged incident of covered misconduct involving a member of the Coast Guard, the retention of all elements of the case file.
(B)Elements.—The elements of the case file to be retained under subparagraph (A) shall include, at a minimum—
(i) the case activity record;
(ii) the case review record;
(iii) investigative plans; and
(iv) all case notes made by any investigating agent.
(C)Retention period.—All elements of the case file shall be retained for not less than 50 years for cases involving rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), and not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice for other covered misconduct, and no element of any such case file may be destroyed until the expiration of such period.
(4)Return of personal property upon completion of related proceedings in unrestricted reporting cases.—Notwithstanding the records and evidence retention requirements described in paragraphs (1)(E) and (2), personal property retained as evidence in connection with an incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident, as determined by the Commandant.
(5)Return of personal property in restricted reporting cases.—
(A)In general.—The Secretary shall prescribe procedures under which a victim who files a restricted report of an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination.
(B)Requirements.—The procedures required by subparagraph (A) shall ensure that—
(i) a request by a victim for the return of personal property described under subparagraph (A) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and
(ii) at the time of the filing of the restricted report, a Special Victims’ Counsel, Sexual Assault Response Coordinator, or Sexual Assault Prevention and Response Victim Advocate—(I) informs the victim that the victim may request the return of personal property as described in such subparagraph; and(II) advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication if the victim later decides to convert the restricted report to an unrestricted report.
(C)Rule of construction.—Except with respect to personal property returned to a victim under this paragraph, nothing in this paragraph may be construed to affect the requirement to retain a sexual assault forensic examination kit for the period specified in paragraph (2).
(6)Victim access to records.—With respect to victim access to records after all final disposition actions and any appeals have been completed, as applicable, the comprehensive policy required by subsection (a) shall provide that, to the maximum extent practicable, and in such a manner that will not jeopardize an active investigation or an active case—
(A) a victim of covered misconduct in a case in which either the victim or alleged perpetrator is a covered person shall have access to all records that are directly related to the victim’s case, or related to the victim themselves, in accordance with the policy issued under subsection (a) and subject to required protections under sections 552 and 552a of title 5;
(B) a victim of covered misconduct who requests access to records under section 552 or 552a of title 5 concerning the victim’s case shall be determined to have a compelling need, and the records request shall be processed under expedited processing procedures, if in the request for such records the victim indicates that the records concerned are related to the covered misconduct case;
(C) in applying sections 552 and 552a of title 5 to the redaction of information related to a records request by a victim of covered misconduct made under such sections after all final disposition actions and any appeals have been completed—
(i) any such redaction shall be applied to the minimum extent possible so as to ensure the provision of the maximum amount of unredacted information to the victim that is permissible by law; and
(ii) any such redaction shall not be applied to—(I) receipt by the victim of the victim’s own statement; or(II) the victim’s information from an investigation; and
(D) in the case of such a records request for which the timelines for expedited processing are not met, the Commandant shall provide to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives in person and in writing a briefing that explains the reasons for the denial or the delay in processing, as applicable.
(d)Definition of Covered Person.—In this section, the term “covered person” includes—
(1) a member of the Coast Guard on active duty;
(2) a member of the Coast Guard Reserve with respect to crimes investigated by or reported to the Secretary on any date on which such member is in a military status under section 802 of title 10 (article 2 of the Uniform Code of Military Justice);
(3) a former member of the Coast Guard with respect to crimes investigated by or reported to the Secretary; and
(4) in the case of an investigation of covered misconduct conducted by, or an incident of covered misconduct reported to, the Coast Guard involving a civilian employee of the Coast Guard, any such civilian employee of the Coast Guard.
(e)Savings Clause.—Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.
(Added Pub. L. 119–60, div. G, title LXXV, § 7511(a), Dec. 18, 2025, 139 Stat. 1790.)
§ 2532. Requirement to maintain certain records
(a)In General.—The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against chapter 47 of title 10.
(b)Record Retention Period.—Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.
(c)Case Action Summary.—Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following:
(1) The disposition actions.
(2) The name and command of the referral authority.
(3) Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel.
(4) A reference section listing the materials reviewed in making a disposition decision.
(5) The Coast Guard Investigative Service report of investigation.
(6) The completed Coast Guard Investigative Service report of adjudication included as an enclosure.
(d)Definition.—In this section, the term “work product” includes—
(1) a prosecution memorandum;
(2) emails, notes, and other correspondence related to a disposition decision; and
(3) the contents described in paragraphs (1) through (6) of subsection (c).
(e)Savings Clause.—Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.
(Added Pub. L. 119–60, div. G, title LXXV, § 7511(a), Dec. 18, 2025, 139 Stat. 1795.)
§ 2533. Covered misconduct in Coast Guard
(a)In General.—Not later than March 1 each year, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on incidents of covered misconduct involving members of the Coast Guard, including recruits and officer candidates, and claims of retaliation related to the reporting of any such incident.
(b)Continuity of Data and Reporting.—In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.
(c)Contents.—
(1)Incidents involving members.—
(A)Information and data.—
(i)In general.—Each report required under subsection (a) shall include, for the preceding calendar year, information and data on—(I) incidents of covered misconduct; and(II) incidents of retaliation against a member of the Coast Guard related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
(ii)Inclusions.—The information and data on the incidents described in clause (i) shall include the following:(I) All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a “reported incident”).(II) The number of reported incidents committed against members of the Coast Guard.(III) The number of reported incidents committed by members of the Coast Guard.(IV) Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.(V) The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.(VI) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).(VII) A synopsis of each substantiated reported incident that includes—(aa) a brief description of the nature of the incident;(bb) whether the accused member has previously been convicted of sexual assault; and(cc) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.(VIII) The type of case disposition associated with each substantiated reported incident, such as—(aa) conviction and sentence by court-martial, including charges and specifications for which convicted;(bb) acquittal of all charges at court-martial;(cc) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);(dd) as appropriate, administrative action taken, including a description of each type of such action imposed;(ee) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and(ff) whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.(IX) With respect to any incident of covered misconduct reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—(aa) a narrative description of the retaliation claim;(bb) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and(cc) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.(X) The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.(XI) With respect to any investigation of a reported incident—(aa) the status of the investigation or information relating to any referral to outside law enforcement entities;(bb) the official or office of the Coast Guard that received the complaint;(cc) a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or(dd) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
(iii)Format.—With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
(B)Trends.—Subject to subsection (b), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
(C)Response.—Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving a member of the Coast Guard.
(D)Plan.—Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving members of the Coast Guard.
(E)Covered misconduct prevention and response activities.—Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) carried out by the Coast Guard during the preceding calendar year.
(F)Contributing factors.—Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
(i) an analysis of the factors that may have contributed to such incidents;
(ii) an assessment of the role of such factors in contributing to such incidents during such year; and
(iii) recommendations for mechanisms to eliminate or reduce such contributing factors.
(2)Incidents involving recruits and officer candidates.—
(A)Information and data.—
(i)In general.—Subject to subsection (b), each report required under subsection (a) shall include, as a separate appendix or enclosure, for the preceding calendar year, information and data on—(I) incidents of covered misconduct involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School; and(II) incidents of retaliation against such a recruit or officer candidate related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
(ii)Inclusions.—(I)In general.—The information and data on the incidents described in clause (i) shall include the following:(aa) All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a “reported incident”).(bb) The number of reported incidents committed against recruits and officer candidates described in clause (i)(I).(cc) The number of reported incidents committed by such recruits and officer candidates.(dd) Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.(ee)(AA) The number of reported incidents that were entered into the Catch a Serial Offender system.(BB) Of such reported incidents entered into such system, the number that resulted in the identification of a potential or confirmed match.(ff) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).(gg) A synopsis of each substantiated reported incident that includes—(AA) a brief description of the nature of the incident; and(BB) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.(hh) The type of case disposition associated with each substantiated reported incident, such as—(AA) conviction and sentence by court-martial, including charges and specifications for which convicted;(BB) acquittal of all charges at court-martial;(CC) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);(DD) as appropriate, administrative action taken, including a description of each type of such action imposed;(EE) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and(FF) whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.(ii) With respect to any incident of covered misconduct involving recruits or officer candidates reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—(AA) a narrative description of the retaliation claim;(BB) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and(CC) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.(jj) The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.(kk) With respect to any investigation of a reported incident—(AA) the status of the investigation or information relating to any referral to outside law enforcement entities;(BB) the official or office of the Coast Guard that received the complaint;(CC) a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or(DD) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).(II)Format.—With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
(B)Trends.—Subject to subsection (b), beginning on the date of enactment of Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
(C)Response.—Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving—
(i) a recruit of the Coast Guard at Training Center Cape May; or
(ii) an officer candidate at the Coast Guard Officer Candidate School.
(D)Plan.—Each report required under subsection (a) shall include a written and detailed plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School.
(E)Covered misconduct prevention and response activities.—Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) of this paragraph carried out by the Coast Guard during the preceding calendar year.
(F)Contributing factors.—Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
(i) an analysis of the factors that may have contributed to such incidents;
(ii) an assessment of the role of such factors in contributing to such incidents during such year; and
(iii) recommendations for mechanisms to eliminate or reduce such contributing factors.
(3)Implementation status of accountability and transparency review directed actions.—Each report required under subsection (a) submitted during the 5-year period beginning on March 1, 2025, shall include information on the implementation by the Commandant of the directed actions described in the memorandum of the Coast Guard titled “Commandant’s Directed Actions—Accountability and Transparency”, issued on November 27, 2023, including—
(A) a description of actions taken to address each directed action during the year covered by the report;
(B) the implementation status of each directed action;
(C) in the case of any directed action that has not been implemented—
(i) a detailed action plan for implementation of the recommendation;
(ii) an estimated timeline for implementation of the recommendation;
(iii) description of changes the Commandant intends to make to associated Coast Guard policies so as to enable the implementation of the recommendation; and
(iv) any other information the Commandant considers appropriate;
(D) a description of the metrics and milestones used to measure completion, accountability, and effectiveness of each directed action;
(E) a description of any additional actions the Commandant is taking to mitigate instances of covered misconduct within the Coast Guard;
(F) any legislative change proposal necessary to implement the directed actions; and
(G) a detailed list of funding necessary to implement the directed actions in a timely and effective manner, including a list of personnel needed for such implementation.
(d)Victim Confidentiality.—To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
(e)Substantiated Defined.—In this section, the term “substantiated” has the meaning given the term under section 1631(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note).
(Added Pub. L. 119–60, div. G, title LXXV, § 7511(a), Dec. 18, 2025, 139 Stat. 1795.)
§ 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.)
§ 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.)
§ 2536. Notification of changes to Uniform Code of Military Justice or Manual for Courts 1
1 So in original. Probably should be followed by a hyphen.
Martial relating to covered misconductBeginning 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 So in original. Probably should be “section 2539 of this title”.
(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.)
§ 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.)
§ 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
1 So in original. Probably should be “paragraph (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.)
§ 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 span as described in sections 917 1
1 So in original. Probably should be “917a”.
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.)