New step taken in protecting Coast Guard cadets who report assaults

The controversy surrounding a once-secret Coast Guard investigation provided more momentum for Congress to take the first step in passing protections for cadets who report instances of sexual assault or harassment but fear consequences associated with minor infractions, U.S. Rep. Joe Courtney, D-2, said.

The U.S. House Transportation and Infrastructure Committee advanced legislation in a 53-3 bipartisan vote that would authorize funding for the Coast Guard for fiscal year 2025 and some programs in fiscal year 2026. The larger bill contains an accountability provision, which also includes a safe-to-report policy introduced last year by Courtney. His district includes the New London-based Coast Guard Academy.

The safe-to-report measure would ensure that victims of sexual assault or harassment who come forward are not punished for minor violations under the Uniform Code of Military Justice that might have been committed when the crime took place. Such incidents include underage drinking, substance abuse, violations of curfew or being in areas that are off limits.

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These protections have been in place at other military academies after Congress passed a defense policy bill in 2021. But the Coast Guard and its service academy were excluded because of jurisdiction issues. Unlike other military branches covered under the Pentagon, the Coast Guard reports to the U.S. Department of Homeland Security.

Courtney’s renewed push for a safe-to-report policy at the New London academy came in the wake of news that the Coast Guard had concealed an investigation known as “Operation Fouled Anchor” that looked into sexual assault claims made between 1988 and 2006. The inquiry examined dozens of substantiated claims at the academy and why many were not properly handled or ignored.

The investigation was conducted over six years starting in 2014. The Coast Guard finalized a report about it in 2020 but did not disclose either to Congress. Federal lawmakers were not aware of Fouled Anchor until a CNN report last summer.

Following revelations about Fouled Anchor, Coast Guard leadership apologized for keeping the investigation and its report hidden from Congress and has since implemented several measures seeking to improve accountability and transparency.

That includes the adoption of its own safe-to-report policy this year, which protects someone reporting a sexual assault — as well as a bystander trying to prevent it from occurring — from “minor collateral violations” including underage drinking, violating barracks rules and prohibited relationships.

“There’s no question there’s been external pressure that’s been brought to bear to move” the measure along, Courtney told reporters Thursday. “It gave a big boost to safe-to-report legislation to move forward at the Transportation and Infrastructure Committee.”

“Coast Guard Academy leadership recognized it was a really important measure to help with recruitment and strengthening retention on the campus,” he added. “People recognized the expectations of incoming cadets is now at the point where this has to be absolutely solidified and locked in” through a federal statute.

Courtney, who does not serve on the Transportation and Infrastructure Committee, said he spoke with the top Democrat on the panel about the timing of the legislation and moving it forward in Congress.

He said it is possible the Coast Guard Authorization Act of 2024 could move to the House floor this summer. But the Senate has yet to take up its own version of that legislation in its respective committee.

U.S. Sens. Richard Blumenthal and Chris Murphy, both D-Conn., and a group of bipartisan senators introduced similar legislation this year on a Coast Guard safe-to-report policy.

The cover-up of Fouled Anchor has become the subject of a couple of investigations in Congress, including in the Senate Homeland Security Committee’s Permanent Subcommittee on Investigations, chaired by Blumenthal.

Former and current cadets testified before his committee late last year about their personal experiences with sexual misconduct and assault while attending the academy.

As part of the investigation, Blumenthal released documents requested from Coast Guard leadership about their handling of Fouled Anchor. The first batch of documents showed the behind-the-scenes discussions about whether to disclose to Congress, which included a pros and cons list.

In congressional testimony last summer, Coast Guard Commandant Linda Fagan apologized for the Coast Guard’s inaction and failure to disclose to Congress. She released a 90-day internal review addressing the culture problems within the service and its academy as well as reforms they plan to implement.

Adm. Karl Schultz served as commandant from 2018 to 2022, which was during the period of time that Fouled Anchor was still happening and concluded. Fagan took the helm in June 2022. She told Congress last year she knew of the investigation generally but she only became aware of the full scope of the investigation when CNN started asking questions.

Lisa Hagen is CT Mirror and CT Public’s shared Federal Policy Reporter. Based in Washington, D.C., she focuses on the impact of federal policy in Connecticut and covers the state’s congressional delegation.