Title 14 — Coast Guard
Chapter 19 — Coast Guard Academy
§ 1902. Academy policy and report on covered misconduct
Statutory text
Required Policy.—
The Commandant shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.
Matters To Be Specified in Policy.—
The policy on sexual harassment and sexual violence under this section shall include specification of the following:
Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.
Information about how the Coast Guard and the Academy will protect the confidentiality of victims of sexual harassment or sexual violence, including how any records, statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized.
Procedures that cadets and other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual violence, including—
if the victim chooses to report an occurrence of sexual harassment or sexual violence, a specification of the individual or individuals to whom the alleged offense should be reported and options for confidential reporting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the confidentiality of victims;
a specification of any other individual whom the victim should contact; and
procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.
Procedures for disciplinary action in cases of criminal sexual assault involving a cadet or other Academy personnel.
Sanctions authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel, including with respect to rape, acquaintance rape, or other criminal sexual offense, whether forcible or nonforcible.
Required training on the policy for all cadets and other Academy personnel who process allegations of sexual harassment or sexual violence involving a cadet or other Academy personnel.
Assessment.—
In general.—
The Commandant shall direct the Superintendent of the Coast Guard Academy to conduct at the Coast Guard Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to covered misconduct involving cadets or other military or civilian personnel of the Academy.
Biennial survey.—
For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other military and civilian personnel of the Academy—
to measure the incidence, during such program year—
of covered misconduct events, on or off the Academy campus, that have been reported to an official of the Academy;
of covered misconduct events, on or off the Academy campus, that have not been reported to an official of the Academy; and
of retaliation related to a report of a covered misconduct event, on or off the Academy campus; and
to assess the perceptions of the cadets and other military and civilian personnel of the Academy with respect to—
the Academy’s policies, training, and procedures on covered misconduct involving cadets and other military and civilian personnel of the Academy;
the enforcement of such policies;
the incidence of covered misconduct involving cadets and other military and civilian personnel of the Academy; and
any other issues relating to covered misconduct involving cadets and other military and civilian personnel of the Academy.
Report.—
In general.—
Not earlier than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, and each March 1 thereafter through , the Commandant shall direct the Superintendent to submit to the Commandant a report on incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military and civilian personnel of the Academy.
Elements.—
In general.—
Each report required under paragraph (1) shall include the following:
Information and data on all incidents of covered misconduct and retaliation described in paragraph (1) reported to the Superintendent or any other official of the Academy during the preceding Academy program year (referred to in this subsection as a “reported incident”),
The number of reported incidents committed against a cadet or any other military or civilian personnel of the Academy.
The number of reported incidents committed by a cadet or any other military or civilian personnel of the Academy.
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.
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.
The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).
A synopsis of each substantiated reported incident that includes—
a brief description of the nature of the incident;
whether the accused cadet or other military or civilian personnel of the Academy had previously been convicted of sexual assault; and
whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
The type of case disposition associated with each substantiated reported incident, such as—
conviction and sentence by court-martial, including charges and specifications for which convicted;
acquittal of all charges at court-martial;
as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
as appropriate, administrative action taken, including a description of each type of such action imposed;
dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
whether the accused cadet or other military or civilian personnel of the Academy 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 military member upon separation or resignation.
With respect to any incident of covered misconduct involving cadets or other military and civilian personnel of the Academy reported to the Superintendent or any other official of the Academy during the preceding Academy program year that involves a report of retaliation relating to the incident—
a narrative description of the retaliation claim;
the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
With respect to any investigation of a reported incident—
whether the investigation is in open or completed status;
an identification of the investigating entity;
whether a referral has been made to outside law enforcement entities;
in the case of an investigation that is complete, a description of the results of such an investigation and information with respect to whether the results of the investigation were provided to the complainant; and
whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
Format.—
With respect to the information and data required under subparagraph (A), 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.
Trends.—
Subject to subsection (f), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required under paragraph (1) shall include an analysis of trends in incidents described in paragraph (1), as applicable, since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
Response.—
Each report required under paragraph (1) shall include, for the preceding Academy program 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 paragraph (1) involving a cadet or any other military or civilian personnel of the Academy.
Plan.—
Each report required under paragraph (1) shall include a plan for actions to be taken during the year following the Academy program year covered by the report to enhance the prevention of and response to incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy.
Covered misconduct prevention and response activities.—
Each report required under paragraph (1) shall include an assessment of the adequacy of covered misconduct prevention and response carried out by the Academy during the preceding Academy program year.
Contributing factors.—
Each report required under paragraph (1) shall include, for incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy—
an analysis of the factors that may have contributed to such incidents;
an assessment of the role of such factors in contributing to such incidents during such Academy program year; and
recommendations for mechanisms to eliminate or reduce such contributing factors.
Biennial survey.—
Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted under subsection (c)(2) in such Academy program year.
Focus groups.—
For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purpose of ascertaining information relating to covered misconduct issues at the Academy.
Submission of report; briefing.—
Submission.—
Not later than 270 days after the date on which the Commandant receives a report from the Superintendent under paragraph (1), 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 1—
the report of the Superintendent;
the comments of the Commandant with respect to the report; and
relevant information gathered during a focus group under subparagraph (A) 2 during the Academy program year covered by the report, as applicable.
Briefing.—
Not later than 180 days after the date on which the Commandant submits a report under subparagraph (A), the Commandant shall provide a briefing on the report submitted under subparagraph (A) to—
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
the Secretary of Homeland Security.
Victim Confidentiality.—
To the extent that information collected or reported under the authority of this section, 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.
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.
Consideration of Request for Transfer of Cadet Who Is the Victim of Sexual Assault or Related Offense.—
In general.—
The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
Regulations.—
The Commandant, in consultation with the Secretary of Defense, shall establish policies to carry out this subsection that—
provide that the Superintendent shall ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet who alleges an offense referred to in paragraph (1) is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
direct the Superintendent, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
upon approval of such request for transfer, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible, subject to the considerations described in clause (iv); and
in determining the transfer date of the cadet to the military service academy concerned, to take into account—
the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
the well-being of the cadet; and
direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible, subject to the considerations described in clause (iv); and
in determining the transfer date of the cadet to the institution of higher education to which the cadet wishes to transfer, to take into account—
the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
the well-being of the cadet.
Review.—
If the Superintendent denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary, who shall take action on such request for review not later than 5 calendar days after receipt of such request.
Confidentiality.—
The Secretary shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
Effect of other law.—
A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of title 10.
Commission as officer in the coast guard.—
In general.—
Upon graduation, a graduate of the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy who transferred to that academy under this subsection is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy, as set forth in section 2101 of this title.
Commission as officer in other armed force.—
In general.—
A cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and indicates a preference pursuant to clause (ii) may be appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
Statement of preference.—
A cadet seeking appointment as a commissioned officer in an armed force associated with the academy from which the cadet graduated under clause (i) shall, before graduating from that academy, indicate to the Commandant that the cadet has a preference for appointment to that armed force.
Consideration by coast guard.—
The Commandant shall consider a preference of a cadet indicated pursuant to clause (ii), but may require the cadet to serve as a permanent commissioned officer in the Regular Coast Guard instead of being appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
Treatment of service agreement.—
With respect to a service agreement entered into under section 1925 of this title by a cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and is appointed as a commissioned officer in an armed force associated with that academy, the service obligation undertaken under such agreement shall be considered to be satisfied upon the completion of 5 years of active duty service in the service of such armed force.
Senior reserve officers’ training corps program.—
A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard, as set forth in section 3738a of this title.
Room Reassignment.—
Coast Guard Academy cadets may request room reassignment if experiencing discomfort due to Coast Guard Academy rooming assignments, consistent with policy.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Coast Guard and Maritime Transportation Act of 2012
Pub. L. 112–213 title II § 205(a) · 126 Stat. 1540
Enacted · 14 U.S.C. § 1902
Added Pub. L. 112–213, title II, § 205(a), Dec. 20, 2012, 126 Stat. 1543, § 200
Source evidence
Code source credit
Added Pub. L. 112–213, title II, § 205(a), Dec. 20, 2012, 126 Stat. 1543, § 200Enacted provision · exact public law section
(a) Establishment.— Chapter 9 of title 14, United States Code, is amended by adding at the end the following: “§ 200. Policy on sexual harassment and sexual violence “(a) Required Policy.— The Commandant of the Coast Guard shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy. “(b) Matters To Be Specified in Policy.— The policy on sexual harassment and sexual violence under this section shall include specification of the following: “(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel. “(2) Information about how the Coast Guard and the Academy will protect the confidentiality of victims of sexual harassment or sexual violence, including how any records, statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized. “(3) Procedures that cadets and other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual violence, including— “(A) if the victim chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and options for confidential reporting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the confidentiality of victims; “(B) a specification of any other person whom the victim should contact; and “(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. “(4) Procedures for disciplinary action in cases of criminal sexual assault involving a cadet or other Academy personnel. “(5) Sanctions authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel, including with respect to rape, acquaintance rape, or other criminal sexual offense, whether forcible or nonforcible. “(6) Required training on the policy for all cadets and other Academy personnel who process allegations of sexual harassment or sexual violence involving a cadet or other Academy personnel. “(c) Assessment.— “(1) In general.— The Deadline. Commandant shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to sexual harassment and sexual violence involving cadets or other Academy personnel. “(2) Biennial survey.— For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other Academy personnel— “(A) to measure— “(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to an official of the Academy; and “(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to an official of the Academy; and “(B) to assess the perceptions of the cadets and other Academy personnel with respect to— “(i) the Academy’s policies, training, and procedures on sexual harassment and sexual violence involving cadets or other Academy personnel; “(ii) the enforcement of such policies; “(iii) the incidence of sexual harassment and sexual violence involving cadets or other Academy personnel; and “(iv) any other issues relating to sexual harassment and sexual violence involving cadets or other Academy personnel. “(d) Report.— “(1) In general.— The Commandant shall direct the Superintendent to submit to the Commandant a report on sexual harassment and sexual violence involving cadets or other Academy personnel for each Academy program year. “(2) Report specifications.— Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following: “(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the Academy program year and, of those reported cases, the number that have been substantiated. “(B) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel. “(3) Biennial survey.— Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that Academy program year under subsection (c)(2). “(4) Transmission of report.— The Commandant shall transmit each report received by the Commandant under this subsection, together with the Commandant’s comments on the report, to— “(A) the Committee on Commerce, Science, and Transportation of the Senate; and “(B) the Committee on Transportation and Infrastructure of the House of Representatives. “(5) Focus groups.— “(A) In general.— For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at the Academy. “(B) Inclusion in reports.— Information derived from a focus group under subparagraph (A) shall be included in the next transmitted Commandant’s report under this subsection. “(e) 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.” .John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. C title XXXV § 3531(c)(9) · 132 Stat. 1636
Substituted · 14 U.S.C. § 1902(a)
Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard”.Enacted provision · exact public law section
(9) in section 200(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 110(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 1902
Pub. L. 115–282 renumbered section 200 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 200 of this title as this section.Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 19 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 181Administration of Academy1901 200Policy on sexual harassment and sexual violence1902 194Annual Board of Visitors1903 196Participation in Federal, State, or other educational research grants1904 195Admission of foreign nationals for instruction; restrictions; conditions1923 181aCadet applicants; preappointment travel to Academy1926 183Cadets; initial clothing allowance1927 184Cadets; degree of bachelor of science1928 185Cadets; appointment as ensign1929 197Cadets: charges and fees for attendance; limitation1930 186Civilian teaching staff1941 187Permanent commissioned teaching staff; composition1942 188Appointment of permanent commissioned teaching staff1943 189Grade of permanent commissioned teaching staff1944 190Retirement of permanent commissioned teaching staff1945 191Credit for service as member of civilian teaching staff1946 192Assignment of personnel as instructors1947 199Marine safety curriculum1948Elijah E. Cummings Coast Guard Authorization Act of 2020
Pub. L. 116–283 § 8505(a)(11)(A) · 134 Stat. 3388
Substituted · 14 U.S.C. § 1902(b)(3)(A)
Pub. L. 116–283, § 8505(a)(11)(A), substituted “individual or individuals” for “person or persons”
Source evidence
Code amendment note
Subsec. (b)(3)(A). Pub. L. 116–283, § 8505(a)(11)(A), substituted “individual or individuals” for “person or persons”.Enacted provision · exact public law section
(A) in subparagraph (A), by striking “person or persons” and inserting “individual or individuals”; andElijah E. Cummings Coast Guard Authorization Act of 2020
Pub. L. 116–283 § 8505(a)(11)(B) · 134 Stat. 3388
Substituted · 14 U.S.C. § 1902(b)(3)(B)
Pub. L. 116–283, § 8505(a)(11)(B), substituted “individual” for “person”
Source evidence
Code amendment note
Subsec. (b)(3)(B). Pub. L. 116–283, § 8505(a)(11)(B), substituted “individual” for “person”.Enacted provision · exact public law section
(B) in subparagraph (B), by striking “person” and inserting “individual”.Pub. L. 119–60 § 7241(a)(1) · 139 Stat. 1716
Substituted · 14 U.S.C. § 1902
Pub. L. 119–60, § 7241(a)(1), substituted “Academy policy and report on covered misconduct” for “Policy on sexual harassment and sexual violence” in section catchline
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 119–60, § 7241(a)(1), substituted “Academy policy and report on covered misconduct” for “Policy on sexual harassment and sexual violence” in section catchline.Pub. L. 119–60 § 7241(a)(2) · 139 Stat. 1716
Added · 14 U.S.C. § 1902(c)(h)
Pub. L. 119–60, § 7241(a)(2), added subsecs. (c) to (h)
Struck · 14 U.S.C. § 1902(c)(h)
Pub. L. 119–60, § 7241(a)(2), struck out former subsecs. (c) to (e) which related to assessment, report, and victim confidentiality, respectively
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (c) to (h). Pub. L. 119–60, § 7241(a)(2), added subsecs. (c) to (h) and struck out former subsecs. (c) to (e) which related to assessment, report, and victim confidentiality, respectively.
5 of 8 references resolved to an enrolled provision · 3 unresolved
Editorial Notes
References in Text
The date of the enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (d)(1), (3), is the date of enactment of div. G of Pub. L. 119–60, which was approved .
Section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (d)(2)(A)(iv), 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 and Maritime Transportation Act of 2012, referred to in subsec. (d)(3), is the date of enactment of Pub. L. 112–213, which was approved .
Amendments2018–2025 · 3 rounds
2025
Pub. L. 119–60, § 7241(a)(1), substituted “Academy policy and report on covered misconduct” for “Policy on sexual harassment and sexual violence” in section catchline.
Subsecs. (c) to (h). Pub. L. 119–60, § 7241(a)(2), added subsecs. (c) to (h) and struck out former subsecs. (c) to (e) which related to assessment, report, and victim confidentiality, respectively.
2021
Subsec. (b)(3)(A). Pub. L. 116–283, § 8505(a)(11)(A), substituted “individual or individuals” for “person or persons”.
Subsec. (b)(3)(B). Pub. L. 116–283, § 8505(a)(11)(B), substituted “individual” for “person”.
2018
Pub. L. 115–282 renumbered section 200 of this title as this section.
Subsec. (a). Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard”.
Statutory Notes and Related Subsidiaries
Electronic Locking Mechanisms to Ensure Coast Guard Academy Cadet Room Security
Pub. L. 119–60, div. G, title LXXII, § 7248, , 139 Stat. 1731, provided that:
“(a) In General.—
Not later than 2 years after the date of enactment of this Act [], the Commandant [of the Coast Guard], in consultation with the Superintendent of the Coast Guard Academy (referred to in this section as the ‘Superintendent’), shall—
“(1) install an electronic locking mechanism for each room at the Coast Guard Academy within which 1 or more Coast Guard Academy cadets reside overnight;
“(2) test each such mechanism not less than once every 6 months for proper function and maintained [sic] in proper working order; and
“(3) use a system that electronically records the date, time, and identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, which shall be maintained in accordance with the general schedule for records retention, or a period of five years, whichever is later.
“(b) Electronic Locking Mechanisms.—
“(1) In general.—
Each electronic locking mechanism described in subsection (a) shall be coded in a manner that provides access to a room described in such subsection only to—
“(A) the 1 or more cadets assigned to the room; and
“(B) such Coast Guard Academy officers, administrators, staff, or security personnel, including personnel of the Coast Guard Investigative Service, as are necessary to access the room in the event of an emergency.
“(2) Existing mechanisms.—
Not later than 30 days after the date of enactment of this Act, the Superintendent shall ensure that electronic locking mechanisms installed in academic buildings of the Coast Guard Academy, Chase Hall common spaces, and in any other location at the Coast Guard Academy are maintained in proper working order.
“(c) Access Policy Instruction.—
Not later than 1 year after the date of enactment of this Act, the Superintendent shall promulgate a policy regarding cadet room security policies and procedures, which shall include, at a minimum—
“(1) a prohibition on sharing with any other cadet, employee, or other individual electronic access tokens, codes, cards, or other electronic means of accessing a cadet room;
“(2) procedures for resetting electronic locking mechanisms in the event of a lost, stolen, or otherwise compromised electronic access token, code, card, or other electronic means of accessing a cadet room;
“(3) procedures to maintain the identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, while ensuring the security of personally identifiable information and protecting the privacy of any such individual, as appropriate;
“(4) procedures by which cadets may report to the chain of command the malfunction of an electronic locking mechanism; and
“(5) a schedule of testing to ensure the proper functioning of electronic locking mechanisms.
“(d) Minimum Training Requirements.—
The Superintendent shall ensure that each Coast Guard Academy cadet receives, not later than 1 day after the date of the initial arrival of the cadet at the Coast Guard Academy, an initial training session, and any other training the Superintendent considers necessary, on—
“(1) the use of electronic locking mechanisms installed under this section; and
“(2) the policy promulgated under subsection (c).”
Required Posting of Information
Pub. L. 119–60, div. G, title LXXII, § 7250, , 139 Stat. 1733, provided that:
“The Commandant [of the Coast Guard] shall ensure that, in each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates, written information is posted in a visible location with respect to—
“(1) the methods and means by which a cadet or officer candidate may report a crime, including harassment, sexual assault, sexual harassment, and any other offense;
“(2) the contact information for the Coast Guard Investigative Service;
“(3) external resources for—
“(A) wellness support;
“(B) work-life;
“(C) medical services; and
“(D) support relating to behavioral health, civil rights, sexual assault, and sexual harassment; and
“(4) cadet and officer candidate rights with respect to reporting incidents to the Coast Guard Investigative Service, civilian authorities, the Office of the Inspector General of the department in which the Coast Guard is operating, and any other applicable entity.”
Review and Modification of Coast Guard Academy Policy on Sexual Harassment and Sexual Violence
Pub. L. 119–60, div. G, title LXXII, § 7252, , 139 Stat. 1734, provided that:
“(a) In General.—
The Superintendent of the Coast Guard Academy (referred to in this section as the ‘Superintendent’) shall—
“(1) not later than 60 days after the date of enactment of this Act [], commence a review of the Coast Guard Academy policy on sexual harassment and sexual violence established in accordance with section 1902 of title 14, United States Code, that includes an evaluation as to whether any long-standing Coast Guard Academy tradition, system, process, or internal policy impedes the implementation of necessary evidence-informed best practices followed by other military service academies in prevention, response, and recovery relating to sexual harassment and sexual violence; and
“(2) not later than 180 days after the date of enactment of this Act—
“(A) complete such review; and
“(B) modify such policy in accordance with subsection (b).
“(b) Modifications to Policy.—
In modifying the Coast Guard Academy policy on sexual harassment and sexual violence referred to in subsection (a), the Superintendent shall ensure that such policy includes the following:
“(1) Each matter required to be specified by section 1902(b) of title 14, United States Code.
“(2) Updates to achieve compliance with chapter 47 of title 10, United States Code (Uniform Code of Military Justice).
“(3) A description of the roles and responsibilities of staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program, including—
“(A) the Sexual Assault Response Coordinator;
“(B) the Victim Advocate Program Specialist;
“(C) the Volunteer Victim Advocate; and
“(D) the Primary Prevention Specialist, as established under subsection (c).
“(4) A description of the role of the Coast Guard Investigative Service with respect to sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy.
“(5) A description of the role of support staff at the Coast Guard Academy, including chaplains, with respect to sexual harassment and sexual violence prevention, response, and recovery.
“(6) Measures to promote awareness of dating violence.
“(7) A delineation of the relationship between—
“(A) cadet advocacy groups organized for the prevention of, response to, and recovery from sexual harassment and sexual violence, including Cadets Against Sexual Assault; and
“(B) the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
“(8) A provision that requires cadets and Coast Guard Academy personnel to participate in not fewer than one in-person training each academic year on the prevention of, responses to, and resources relating to incidents of sexual harassment and sexual violence, to be provided by the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
“(9) The establishment, revision, or expansion, as necessary, of an anti-retaliation Superintendent’s Instruction for cadets who—
“(A) report incidents of sexual harassment or sexual violence;
“(B) participate in cadet advocacy groups that advocate for the prevention of, response to, and recovery from sexual harassment and sexual violence; or
“(C) seek assistance from a company officer, company senior enlisted leader, athletic coach, or other Coast Guard Academy staff member with respect to a mental health or other medical emergency.
“(10) A provision that explains the purpose of and process for issuance of a no-contact order at the Coast Guard Academy, including a description of the manner in which such an order shall be enforced.
“(11) A provision that explains the purpose of and process for issuance of a military protective order at the Coast Guard Academy, including a description of—
“(A) the manner in which such an order shall be enforced; and
“(B) the associated requirement to notify the National Criminal Information Center of the issuance of such an order.
“(c) Primary Prevention Specialist.—
Not later than 180 days after the date of enactment of this Act, the Superintendent shall hire a Primary Prevention Specialist, to be located and serve at the Coast Guard Academy.
“(d) Temporary Leave of Absence to Receive Medical Services and Mental Health and Related Support Services.—
The Superintendent shall ensure that the Academy’s policy regarding a cadet who has made a restricted or unrestricted report of sexual harassment to request a leave of absence from the Coast Guard Academy is consistent with other military service academies.”
Policy for Military Service Academies on Separation of Alleged Victims and Alleged Perpetrators in Incidents of Sexual Assault
Secretary of Defense to consult with Secretaries of the military departments and Superintendent of each military service academy and prescribe in regulations a policy that allows a cadet or midshipman of a military service academy who is the alleged victim or alleged perpetrator of a sexual assault to complete their course of study at the academy with minimal disruption and does not preclude the academy from taking other administrative or disciplinary action, see section 539 of Pub. L. 116–283, set out as a note under section 7461 of Title 10, Armed Forces.
Expedited Transfer in Cases of Sexual Assault; Dependents of Members of the Coast Guard
Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8282, , 134 Stat. 4688, provided that: “Not later than 180 days after the date of the enactment of this Act [], the Commandant [of the Coast Guard] shall establish a policy to allow the transfer of a member of the Coast Guard whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.”
Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Coast Guard Academy
Pub. L. 113–291, div. A, title V, § 552(b), , 128 Stat. 3377, provided that: “The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [§§ 531–547 of title V of div. A of Pub. L. 113–291; see Tables for classification], including amendments made by such subtitle, apply to the Coast Guard Academy.”
Credits
2012–2025 · 5 acts
- 2012Added Pub. L. 112–213, title II, § 205(a), , 126 Stat. 1543, § 200
- 2018amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(9), , 132 Stat. 2320
- 2018renumbered § 1902, Pub. L. 115–282, title I, § 110(b), , 132 Stat. 4212
- 2021Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(11), , 134 Stat. 4748
- 2025Pub. L. 119–60, div. G, title LXXII, § 7241(a), , 139 Stat. 1716.
Show as published
(Added Pub. L. 112–213, title II, § 205(a), , 126 Stat. 1543, § 200; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(9), , 132 Stat. 2320; renumbered § 1902, Pub. L. 115–282, title I, § 110(b), , 132 Stat. 4212; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(11), , 134 Stat. 4748; Pub. L. 119–60, div. G, title LXXII, § 7241(a), , 139 Stat. 1716.)