Overview

Title

To protect members of the Coast Guard from sexual assault and harassment and increase transparency within the Coast Guard, and for other purposes.

ELI5 AI

H. R. 7557 is a plan to make the Coast Guard a safer place by protecting people from being harmed or bothered, and it makes sure that everyone knows what is going on inside the Coast Guard. It also helps people who have been hurt and tries to make things fair and safe for everyone.

Summary AI

H. R. 7557 aims to protect Coast Guard members from sexual assault and harassment while promoting transparency within the organization. The bill plans to enhance accountability by implementing structural changes and providing special support for victims. It requires regular reports on progress, encourages certain transfers for victims, and allows some personnel changes to improve justice and healthcare expertise. Additionally, it introduces measures like a "safe-to-report" policy and revises procedures for dealing with misconduct records.

Published

2024-03-05
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-03-05
Package ID: BILLS-118hr7557ih

Bill Statistics

Size

Sections:
19
Words:
5,026
Pages:
24
Sentences:
123

Language

Nouns: 1,532
Verbs: 389
Adjectives: 260
Adverbs: 26
Numbers: 232
Entities: 333

Complexity

Average Token Length:
4.36
Average Sentence Length:
40.86
Token Entropy:
5.30
Readability (ARI):
23.08

AnalysisAI

The bill presented to Congress, titled the Coast Guard Protection and Accountability Act of 2024, aims to safeguard members of the Coast Guard against sexual assault and harassment while fostering greater transparency within the service. Prompted by past failings and recent revelations, the legislation outlines several key initiatives, including independent reviews, direct hiring authority, and specific policies for handling victim transfers and reporting incidents.


General Overview of the Bill

This legislation is a response to long-standing issues of sexual misconduct within the Coast Guard. It mandates several changes, such as maintaining comprehensive records of investigations, requiring the Coast Guard Commandant to report on the progress of various actions, and facilitating the transfer of cadets affected by sexual offenses. Additionally, it introduces direct hire authority for certain roles within the Coast Guard, establishes a 'safe-to-report' policy intended to protect those who report assaults from severe punitive measures, and defines processes for reviewing discharges or dismissals of personnel. Overall, these measures aim to provide a safer and more accountable environment for service members.

Summary of Significant Issues

One notable concern is the lack of clarity regarding accountability measures across several sections of the bill. For instance, in sections dealing with directed actions and independent reviews, the effectiveness and compliance monitoring mechanisms are not fully spelled out. This oversight could undermine the impact of the proposed reforms. Additionally, the bill authorizes direct hiring for specific roles without following competitive procedures, which raises questions about fairness and transparency in the hiring process.

Another significant issue is the vague language around certain terms and criteria, such as what constitutes "exceptional circumstances" for denying a cadet's transfer request or "minor collateral misconduct" in the context of the new safe-to-report policy. These ambiguities may lead to inconsistent applied standards.

Impact on the Public

Broadly, the bill seeks to enhance the integrity and safety of the Coast Guard, which could improve public trust in the institution. By addressing mishandled cases of sexual misconduct and striving for transparency, the legislation may foster a culture of accountability that resonates beyond the Coast Guard, influencing how military institutions manage such issues.

Impact on Specific Stakeholders

Coast Guard Service Members: The bill aims to create a safer work environment through structured reforms and accountability measures. For victims of sexual misconduct, the legislation offers procedural paths for redress and support, such as the possibility to transfer academies. Nevertheless, if oversight and enforcement mechanisms are not rigorously implemented, these benefits may not materialize effectively for all members.

Coast Guard Leadership and Administration: Commanding officers and administrative bodies may face increased scrutiny and pressure to demonstrate compliance with the new policies and reporting requirements. While this could lead to positive cultural shifts, it could also pose challenges if accompanied by insufficient resources or unclear guidelines.

Governmental Oversight Bodies: The bill implicates various congressional committees and accountability offices in the oversight process. Ensuring the availability of adequate funding and resources to conduct independent reviews and issue timely reports will be critical for the success of the reforms.

Potential Recruits and the Broader Military Community: A demonstration of commitment to addressing and preventing sexual misconduct could improve perceptions of the Coast Guard, potentially impacting future recruitment and retention positively. The ripple effect might also influence reforms across other military branches.

In conclusion, the Coast Guard Protection and Accountability Act of 2024 proposes systemic changes that aim to rectify past wrongs and create a more accountable environment. However, the success of these initiatives will largely depend on the clarity of their implementation and the diligence of those responsible for ensuring compliance. Without addressing these concerns, the intended outcomes may fall short, affecting both the service's efficacy and its members' well-being.

Issues

  • The 'Implementation status of directed actions' section (Sections 3 and 5116) lacks details on how the effectiveness of these actions will be measured, and there is an absence of accountability measures for non-compliance. This ambiguity could affect the efficacy of efforts to address sexual assault and harassment within the Coast Guard.

  • In the 'Providing for the transfer of a cadet who is the victim of a sexual assault or related offense' section (Section 7), the criteria for 'exceptional circumstances' that might lead to denying a transfer request are not clearly defined, potentially leading to inconsistency in decision-making.

  • The 'Direct hire authority for certain personnel of Coast Guard' section (Sections 9 and 2517) grants the Commandant significant hiring authority, potentially bypassing competitive processes and merit-based hiring, which could lead to favoritism.

  • The 'Requirement to maintain certain records' section (Sections 5 and 955) lacks clarity on data security and oversight mechanisms, raising concerns about long-term data privacy and potential misuse of sensitive information.

  • In the 'Safe-to-report policy for Coast Guard' section (Sections 10 and 1907), the definition of 'minor collateral misconduct' may require further clarification to ensure consistent application, and the tracking of such incidents lacks details on anonymity assurance.

  • The 'Independent review of Coast Guard reforms' section (Section 4) does not specify funding or accountability measures for implementing GAO recommendations, which could diminish the impact of these reforms.

  • The 'Designation of officers with particular expertise in military justice or healthcare' section (Sections 8 and 2132) is vague regarding the criteria for designating expertise and the financial implications of these roles, which could lead to resource misallocation.

  • The 'Review of discharge or dismissal' section (Sections 13 and 2517) could lead to inconsistent application due to undefined terms such as 'clear and convincing evidence' and complex procedural rights that require greater clarity for former service members.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Coast Guard Protection and Accountability Act of 2024 is a legislative bill that outlines various provisions, including directives to review past actions, study oversight of the Coast Guard Academy, align officer expertise, and consider policies related to sexual assault reporting and victim transfer. It also covers procedural adjustments such as direct hiring authority and modifications to report delivery dates.

2. Findings Read Opens in new tab

Summary AI

Congress found that from the 1990s to 2006, the Coast Guard Academy mishandled cases of sexual assault and failed to hold perpetrators accountable, and even after an investigation called Operation Fouled Anchor, did not make the findings public or reform its practices until a news report in 2023 prompted action. In November 2023, the Coast Guard responded by planning changes like improved training and better support for victims to ensure accountability and public trust.

3. Implementation status of directed actions Read Opens in new tab

Summary AI

The section adds a new requirement for the Commandant of the Coast Guard to submit an annual report to Congress from 2025 to 2028, detailing the progress on specific actions meant to improve accountability and transparency. The report must include the status of each action, plans for unfinished work, measures of effectiveness, and any extra efforts to address sexual assault and harassment in the Coast Guard.

5116. Implementation status of directed actions Read Opens in new tab

Summary AI

The Commandant is required to report to certain U.S. Congressional committees by March 1, 2025, and annually for three years after, about the progress of specific actions aimed at increasing accountability and transparency, as described in a key memorandum. The report must outline the status, plans for completion, effectiveness metrics, and additional efforts related to addressing sexual assault and harassment within the Coast Guard.

4. Independent review of Coast Guard reforms Read Opens in new tab

Summary AI

The section outlines a requirement for the Government Accountability Office to report on the Coast Guard's efforts to address sexual assault and harassment, and for the Coast Guard to respond to the report with implementation plans or explanations for any disagreements with recommendations.

5. Requirement to maintain certain records Read Opens in new tab

Summary AI

The section mandates the Commandant of the Coast Guard to keep records related to investigations of misconduct by Coast Guard members for at least seven years. It requires a detailed final action memo and defines 'work product' to include various documents and correspondence associated with the investigation and decision.

955. Requirement to maintain certain records Read Opens in new tab

Summary AI

The section requires the Coast Guard to keep records related to investigations of its members accused of misconduct for at least seven years. It specifies that documentation, such as reports, memos, and other related materials, must be maintained to provide a comprehensive record of the investigation and decision-making process.

6. Study on Coast Guard Academy oversight Read Opens in new tab

Summary AI

The section mandates that the Commandant of the Coast Guard conduct a study on how the Coast Guard Academy is managed and overseen, particularly looking at the roles and qualifications of its advisory boards. A report with findings and improvement recommendations must be submitted to specific congressional committees within one year.

7. Providing for the transfer of a cadet who is the victim of a sexual assault or related offense Read Opens in new tab

Summary AI

The section of the bill allows cadets who are victims of sexual assault or related offenses at the Coast Guard Academy to request a transfer to another Service Academy or to a Senior Reserve Officers’ Training Corps program at another college. The bill requires the request to be processed quickly, ensures the confidentiality of the records, and permits the cadet to express a preference for commissioning into the Coast Guard upon graduation.

8. Designation of officers with particular expertise in military justice or healthcare Read Opens in new tab

Summary AI

The section discusses a legal amendment allowing the Secretary to designate certain Coast Guard officers as experts in military justice or healthcare. It outlines rules about their exclusion from the active promotion list, details their promotion process, and limits their promotion to the rank of captain.

2132. Designation of officers with particular expertise in military justice or healthcare Read Opens in new tab

Summary AI

The section allows the Secretary to select a small group of Coast Guard officers who have special expertise in military justice or healthcare. These officers will not appear on the general promotion list, will be promoted according to specific guidelines, and cannot be promoted beyond the rank of captain.

9. Direct hire authority for certain personnel of Coast Guard Read Opens in new tab

Summary AI

The section grants the Coast Guard's Commandant the power to directly hire qualified candidates for specific non-clinical and investigative roles focused on preventing and responding to harmful behaviors, bypassing certain usual federal hiring procedures, with this authority ending on September 30, 2034.

2517. Direct hire authority for certain personnel of Coast Guard Read Opens in new tab

Summary AI

The Commandant of the Coast Guard is allowed to directly hire qualified non-clinical specialists and criminal investigative law enforcement personnel to address issues like harmful behaviors, including suicide and assault, without following the usual hiring procedures, but this authority will end on September 30, 2034.

10. Safe-to-report policy for Coast Guard Read Opens in new tab

Summary AI

The section adds a new policy to the United States Code that creates a "safe-to-report" policy for the Coast Guard. This policy ensures that members of the Coast Guard who report or are victims of sexual assault won't face severe punishment for minor misconduct related to the incident, and it requires tracking of such incidents without revealing personal identities.

1907. Safe-to-report policy for Coast Guard Read Opens in new tab

Summary AI

The section establishes a "safe-to-report" policy for the Coast Guard, which allows members to report sexual assault without fear of punishment for minor misconduct that is discovered as a result. It also requires the tracking of these incidents and specifies how to judge the severity of such misconduct.

11. Modification of delivery date of Coast Guard sexual assault report Read Opens in new tab

Summary AI

The section changes the deadline for the Coast Guard's sexual assault report. Instead of being due on January 15, it is now due on March 1.

12. Higher-level review of board of determination decisions Read Opens in new tab

Summary AI

The new changes to the law require that if a board decides an officer accused of sexual assault should stay in service, the case must be reviewed by a higher authority. This ensures that serious cases like sexual assault receive additional scrutiny before final decisions are made.

13. Review of discharge or dismissal Read Opens in new tab

Summary AI

The bill allows a review board for the Coast Guard to downgrade an honorable discharge to a general discharge if it's proven that the former service member committed sexual assault or harassment during active duty. The process ensures procedural rights, such as the ability to present evidence and be notified of proceedings, and involves guidelines for evidence and representation.

2517. Review of discharge or dismissal Read Opens in new tab

Summary AI

The section describes how a board can change a former Coast Guard member's discharge status from "honorable" to "general (under honorable conditions)" if there is strong evidence they committed sexual assault or harassment while in service. It also explains that former members have rights during the review process, such as presenting evidence, having representation, and receiving written notice of the proceedings.