14 U.S.C. § 1902 — Policy on sexual harassment and sexual

Page 110 TITLE 14—COAST GUARD § 1902 ‘‘(b) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall pro- vide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a briefing on the development of the regu- lations required by subsection (a).’’ [For definition of ‘‘Secretary’’ as used in section 11403 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of this title.] COAST GUARD ACADEMY STUDY Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8272, Jan. 1, 2021, 134 Stat. 4681, provided that: ‘‘(a) IN GENERAL.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration not later than 60 days after the date of the enactment of the [sic] this Act [Jan. 1, 2021] under which the National Academy of Public Ad- ministration shall— ‘‘(1) conduct an assessment of the cultural com- petence of the Coast Guard Academy as an organiza- tion and of individuals at the Coast Guard Academy to carry out effectively the primary duties of the United States Coast Guard listed in section 102 of title 14, United States Code, when interacting with individuals of different races, ethnicities, genders, re- ligions, sexual orientations, socioeconomic back- grounds, or from different geographic origins; and ‘‘(2) issue recommendations based upon the findings in such assessment. ‘‘(b) ASSESSMENT OF CULTURAL COMPETENCE.— ‘‘(1) CULTURAL COMPETENCE OF THE COAST GUARD ACADEMY.—The arrangement described in subsection (a) shall require the National Academy of Public Ad- ministration to, not later than 1 year after entering into an arrangement with the Secretary under sub- section (a), submit to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate the assessment de- scribed under subsection (a)(1). ‘‘(2) ASSESSMENT SCOPE.—The assessment described under subsection (a)(1) shall— ‘‘(A) describe the level of cultural competence de- scribed in subsection (a)(1) based on the National Academy of Public Administration’s assessment of the Coast Guard Academy’s relevant practices, poli- cies, and structures, including an overview of dis- cussions with faculty, staff, students, and relevant Coast Guard Academy affiliated organizations; ‘‘(B) examine potential changes which could be used to further enhance such cultural competence by— ‘‘(i) modifying institutional practices, policies, and structures; and ‘‘(ii) any other changes deemed appropriate by the National Academy of Public Administration; and ‘‘(C) make recommendations to enhance the cul- tural competence of the Coast Guard Academy de- scribed in subparagraph (A), including any specific plans, policies, milestones, performance measures, or other information necessary to implement such recommendations. ‘‘(c) FINAL ACTION MEMORANDUM.—Not later than 6 months after submission of the assessment under sub- section (b)(1), the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a final action memorandum in response to all recommendations contained in the assessment. The final action memorandum shall include the ration- ale for accepting, accepting in part, or rejecting each recommendation, and shall specify, where applicable, actions to be taken to implement such recommenda- tions, including an explanation of how each action en- hances the ability of the Coast Guard to carry out the primary duties of the United States Coast Guard listed in section 102 of title 14, United States Code. ‘‘(d) PLAN.— ‘‘(1) IN GENERAL.—Not later than 6 months after the date of the submission of the final action memo- randum required under subsection (c), the Com- mandant, in coordination with the Chief Human Cap- ital Officer of the Department of Homeland Security, shall submit a plan to carry out the recommenda- tions or the parts of the recommendations accepted in the final action memorandum to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ‘‘(2) STRATEGY WITH MILESTONES.—If any rec- ommendation or parts of recommendations accepted in the final action memorandum address any of the following actions, then the plan required in para- graph (1) shall include a strategy with appropriate milestones to carry out such recommendations or parts of recommendations: ‘‘(A) Improve outreach and recruitment of a more diverse Coast Guard Academy cadet candidate pool based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and geo- graphic origin. ‘‘(B) Modify institutional structures, practices, and policies to foster a more diverse cadet corps body, faculty, and staff workforce based on race, ethnicity, gender, religion, sexual orientation, so- cioeconomic background, and geographic origin. ‘‘(C) Modify existing or establish new policies and safeguards to foster the retention of cadets, fac- ulty, and staff of different races, ethnicities, gen- ders, religions, sexual orientations, socioeconomic backgrounds, and geographic origins at the Coast Guard Academy. ‘‘(D) Restructure the admissions office of the Coast Guard Academy to be headed by a civilian with significant relevant higher education recruit- ment experience. ‘‘(3) IMPLEMENTATION.—Unless otherwise directed by an Act of Congress, the Commandant shall begin implementation of the plan developed under this sub- section not later than 180 days after the submission of such plan to Congress. ‘‘(4) UPDATE.—The Commandant shall include in the first annual report required under chapter 51 of title 14, United States Code, as amended by this divi- sion, submitted after the date of enactment of this section [Jan. 1, 2021], the strategy with milestones re- quired in paragraph (2) and shall report annually thereafter on actions taken and progress made in the implementation of such plan.’’ § 1902. Policy on sexual harassment and sexual violence (a) REQUIRED POLICY.—The Commandant shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harass- ment and sexual violence applicable to the ca- dets 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 in- cidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that in- volve cadets or other Academy personnel. (2) Information about how the Coast Guard and the Academy will protect the confiden- tiality of victims of sexual harassment or sex- ual violence, including how any records, sta- tistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized. Page 111 TITLE 14—COAST GUARD § 1902 (3) Procedures that cadets and other Acad- emy personnel should follow in the case of an occurrence of sexual harassment or sexual vio- lence, including— (A) if the victim chooses to report an oc- currence of sexual harassment or sexual vio- lence, a specification of the individual or in- dividuals to whom the alleged offense should be reported and options for confidential re- porting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the con- fidentiality of victims; (B) a specification of any other individual whom the victim should contact; and (C) procedures on the preservation of evi- dence 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 sex- ual offense, whether forcible or nonforcible. (6) Required training on the policy for all ca- dets and other Academy personnel who process allegations of sexual harassment or sexual vio- lence involving a cadet or other Academy per- sonnel. (c) ASSESSMENT.— (1) IN GENERAL.—The Commandant shall di- rect 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 involv- ing 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 Super- intendent 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 vio- lence events, on or off the Academy res- ervation, that have been reported to an of- ficial of the Academy; and (ii) the incidence, during that program year, of sexual harassment and sexual vio- lence events, on or off the Academy res- ervation, 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 sex- ual 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 di- rect the Superintendent to submit to the Com- mandant 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 re- ported to Academy officials during the Acad- emy program year and, of those reported cases, the number that have been substan- tiated. (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 in- volving 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 con- ducted in that Academy program year under subsection (c)(2). (4) TRANSMISSION OF REPORT.—The Com- mandant shall transmit each report received by the Commandant under this subsection, to- gether 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 Representa- tives. (5) FOCUS GROUPS.— (A) IN GENERAL.—For each Academy pro- gram year with respect to which the Super- intendent is not required to conduct a sur- vey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the pur- poses 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 subpara- graph (A) shall be included in the next trans- mitted Commandant’s report under this sub- section. (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 ap- plicable privacy protections under Federal law and does not jeopardize the confidentiality of victims. (Added Pub. L. 112–213, title II, § 205(a), Dec. 20, 2012, 126 Stat. 1543, § 200; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(9), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1902, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(11), Jan. 1, 2021, 134 Stat. 4748.) Page 112 TITLE 14—COAST GUARD § 1903 Editorial Notes AMENDMENTS 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), sub- stituted ‘‘individual’’ for ‘‘person’’. 2018—Pub. L. 115–282 renumbered section 200 of this title as this section. Subsec. (a). Pub. L. 115–232 substituted ‘‘Com- mandant’’ for ‘‘Commandant of the Coast Guard’’. Statutory Notes and Related Subsidiaries POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARA- TION OF ALLEGED VICTIMS AND ALLEGED PERPETRA- TORS 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 mili- tary service academy who is the alleged victim or al- leged perpetrator of a sexual assault to complete their course of study at the academy with minimal disrup- tion 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, Jan. 1, 2021, 134 Stat. 4688, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], 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 ENHANCE- MENTS TO COAST GUARD ACADEMY Pub. L. 113–291, div. A, title V, § 552(b), Dec. 19, 2014, 128 Stat. 3377, provided that: ‘‘The Secretary of the De- partment 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 pro- visions 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.’’ § 1903. Annual Board of Visitors (a) IN GENERAL.—A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy. (b) MEMBERSHIP.— (1) IN GENERAL.—The membership of the Board shall consist of the following: (A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman’s designee. (B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairman’s designee. (C) 3 Members of the Senate designated by the Vice President. (D) 4 Members of the House of Representa- tives designated by the Speaker of the House of Representatives. (E) 6 individuals designated by the Presi- dent. (2) LENGTH OF SERVICE.— (A) MEMBERS OF CONGRESS.—A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the Board shall be designated as a member in the First Session of a Congress and serve for the duration of that Congress. (B) INDIVIDUALS DESIGNATED BY THE PRESI- DENT.—Each individual designated by the President under subparagraph (E) of para- graph (1) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed by the President. (3) DEATH OR RESIGNATION OF A MEMBER.—If a member of the Board dies or resigns, a suc- cessor shall be designated for any unexpired portion of the term of the member by the offi- cial who designated the member. (c) ACADEMY VISITS.— (1) ANNUAL VISIT.—The Board shall visit the Academy annually to review the operation of the Academy. (2) ADDITIONAL VISITS.—With the approval of the Secretary, the Board or individual mem- bers of the Board may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. (d) SCOPE OF REVIEW.—The Board shall review, with respect to the Academy— (1) the state of morale and discipline; (2) recruitment and retention, including di- versity, inclusion, and issues regarding women specifically; (3) the curriculum; (4) instruction; (5) physical equipment; (6) fiscal affairs; and (7) other matters relating to the Academy that the Board determines appropriate. (e) REPORT.—Not later than 60 days after the date of an annual visit of the Board under sub- section (c)(1), the Board shall submit to the Sec- retary, the Committee on Commerce, Science, and Transportation of the Senate, and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report on the ac- tions of the Board during such visit and the rec- ommendations of the Board pertaining to the Academy. (f) ADVISORS.—If approved by the Secretary, the Board may consult with advisors in carrying out this section. (g) REIMBURSEMENT.—Each member of the Board and each adviser consulted by the Board under subsection (f) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or adviser. (Aug. 4, 1949, ch. 393, 63 Stat. 510, § 194; Pub. L. 101–595, title III, § 304, Nov. 16, 1990, 104 Stat. 2984; Pub. L. 107–295, title IV, § 408(a)(1), Nov. 25, 2002, 116 Stat. 2117; Pub. L. 113–281, title II, § 211, Dec. 18, 2014, 128 Stat. 3027; renumbered § 1903, Pub. L.