Senate Homeland Security Committee Holds Hearing Investigating Sexual Assault In The Coast Guard

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On Tuesday, the Senate Homeland Security Committee held a hearing entitled, "Coast Guard Oversight: Sexual Assault & Harassment."  Fuel your success with Forbes. Gain unlimited access to premium journalism, including breaking news, groundbreaking in-depth reported stories, daily digests and more. Plus, members get a front-row seat at members-only events with leading thinkers and doers, access to premium video that can help you get ahead, an ad-light experience, early access to select products including NFT drops and more:  https://account.forbes.com/membership/?utm_source=youtube&utm_medium=display&utm_campaign=growth_non-sub_paid_subscribe_ytdescript   Stay Connected Forbes on Facebook: http://fb.com/forbes Forbes Video on Twitter: http://www.twitter.com/forbes Forbes Video on Instagram: http://instagram.com/forbes More From Forbes:  http://forbes.com

Transcript

00:00:00 Committee on investigation will come to order.

00:00:02 We welcome our two witnesses, Admiral Linda Fagan and

00:00:06 Master Chief Jones.

00:00:09 And I will make an opening statement then turn to the ranking member.

00:00:14 We will

00:00:17 introduce the witnesses and

00:00:19 then hear their testimony.

00:00:22 Nearly six months ago when we began this investigation, we were assured

00:00:29 that the problem of sexual assault in the Coast Guard

00:00:33 was a thing of the past.

00:00:36 That

00:00:39 mishandling of

00:00:41 problems of sexual assault and harassment

00:00:43 were over and that cooperation would be full and complete.

00:00:50 Unfortunately,

00:00:52 we have found the opposite to be true. In fact,

00:00:57 problems of

00:00:59 sexual assault and harassment in the Coast Guard are by no means a problem of the past.

00:01:05 They are very much a

00:01:08 present, ongoing, persistent, and unacceptably prevalent

00:01:11 problem.

00:01:14 And the mishandling of abuse complaints seems

00:01:17 intolerably common.

00:01:22 We've received reports from

00:01:25 almost 40 whistleblowers just in the last few months that attest to this ongoing

00:01:31 problem. And

00:01:34 unfortunately,

00:01:37 the evidence points to a culture of cover-up

00:01:41 continuance as exemplified by

00:01:44 the resistance to producing for us documents that very specifically and

00:01:49 importantly should be part of this investigation.

00:01:54 We

00:01:56 are not

00:01:58 hypothesizing about the Coast Guard claiming that the problem is one of the past. In fact, it's in a

00:02:07 document that we have.

00:02:09 It is a

00:02:13 handwritten document that accompanied a memorandum

00:02:17 arguing that Operation

00:02:22 Fouled Anchor should not be revealed.

00:02:25 And we began this inquiry in the wake of the news, in fact, that Operation Fouled Anchor,

00:02:31 the Coast Guard internal investigation into decades of unaddressed

00:02:35 sexual assault and sexual harassment, had been kept hidden from Congress.

00:02:40 In fact, it was hidden from the public as well as Congress for three years.

00:02:48 In deciding to keep Operation Fouled Anchor out of the public view,

00:02:52 the Coast Guard leaders believed, as these handwritten notes on

00:02:56 documents obtained by this subcommittee show, that in fact the problem was one of the past.

00:03:02 The question is,

00:03:05 what will the Coast Guard do about it now in the present? What specific action?

00:03:11 We're beyond good intentions and

00:03:14 statements of

00:03:17 doing the right thing.

00:03:19 We are now expecting action.

00:03:22 What we know from

00:03:25 Operation Fouled Anchor and the way that it was concealed is that

00:03:30 our investigation has shown a

00:03:34 deep moral rot within the Coast Guard now, one that

00:03:39 prioritizes cronyism

00:03:42 over accountability,

00:03:44 silence over survivors.

00:03:46 And the whistleblowers who came to us just six months ago and testified

00:03:51 before us

00:03:54 described that culture of cover-up that led to their cases being dismissed or

00:03:59 degraded or disregarded or treated as

00:04:03 trivial administrative matters.

00:04:05 The most recent of the whistleblowers who's come forward is

00:04:14 Shannon Norenberg.

00:04:16 She was the official at the Academy responsible for response to sexual assault complaints and

00:04:23 in a letter

00:04:26 to us stating that she would resign,

00:04:28 she said the following,

00:04:31 "The Coast Guard lied to me.

00:04:34 Worse than that, they used me to lie to victims,

00:04:36 used me to silence victims, and

00:04:39 used me in a coordinated effort to discourage victims of sexual assault at the Academy from speaking to Congress

00:04:46 about their assaults and about the Coast Guard's investigation of cases." I don't think in my

00:04:52 13 years in the United States Senate and

00:04:55 25

00:04:58 years in law enforcement, I've seen a

00:05:01 statement as concisely damning as the one that

00:05:08 Ms. Norenberg has sent to us.

00:05:10 But she's only one of a great number. Another one, another of the whistleblowers wrote to us recently saying,

00:05:19 "I can say with absolute certainty that at every single duty station I was assigned

00:05:25 to that I either personally experienced bullying, hazing, and harassment

00:05:30 or either bore witness to or learned of

00:05:35 others being treated inappropriately or unfairly. These forms of harassment

00:05:39 include but are not limited to sexual

00:05:42 assault."

00:05:45 These statements reflect a broken culture, not at some point in the past,

00:05:51 but again right now in the present.

00:05:55 Last month an incendiary email was widely circulated to current Coast Guard personnel and leadership with allegations

00:06:05 about the Coast Guard's recent mishandling of a sexual assault and harassment case.

00:06:10 Instead of addressing these claims directly, the Coast Guard removed it from the inboxes of personnel,

00:06:16 though not before the allegations could go viral on the internet.

00:06:22 A month earlier,

00:06:25 the Coast Guard attempted to suppress the

00:06:28 survivors

00:06:30 story

00:06:32 talkers videos. These are videos with accounts of

00:06:36 whistleblower experiences, survivors

00:06:39 victimization.

00:06:42 And the reason it was

00:06:44 suppressed was, quote, "It could continue to exacerbate the narrative

00:06:50 that the Coast Guard is in a sexual assault crisis now."

00:06:55 That's

00:06:58 just a couple of months ago.

00:07:00 And

00:07:02 equally concerning is the way that the Coast Guard has responded to our requests.

00:07:06 Just one example.

00:07:08 It is refusing to provide us with documents deemed, quote, "sensitive," end quote.

00:07:16 Which is another word for embarrassing.

00:07:22 This situation demands unsparing truth-telling.

00:07:29 Following the evidence where it leads and

00:07:33 being willing to face that truth, even though it may be embarrassing,

00:07:40 to friends, colleagues,

00:07:43 predecessors, and

00:07:45 current leadership.

00:07:48 I'm grateful to Admiral Fagan for being here today,

00:07:52 along with Master Chief Heath Jones.

00:07:59 And I've said before to

00:08:02 her, I've said publicly that I hope that

00:08:07 we can

00:08:11 begin a different era in the Coast Guard, but it will take

00:08:15 facing the truth and

00:08:18 disclosing it. There's an obligation to survivors, to the public, as well as to this committee

00:08:25 to be fully forthcoming. Now, I know that the Commandant will make reference to

00:08:31 the document dump of yesterday. I refer to it as a document dump because a

00:08:36 thousand pages of documents were provided in a form that is very difficult to decipher and interpret.

00:08:45 Document dump is the word that's often used to describe the tactic of providing

00:08:55 a ton of documents when timing and

00:09:00 substance make it

00:09:03 duplicative, redundant, and difficult to

00:09:07 analyze.

00:09:09 So we would like more cooperation from the Coast Guard. I have enormous respect and admiration

00:09:15 for the Coast Guard, for all that it's done for the country, for its great contributions to our national

00:09:22 security, and its storied history. I've been a strong supporter of the Academy and

00:09:29 of the museum that we hope will, in fact,

00:09:33 commemorate and celebrate that history in New London.

00:09:38 But for right now,

00:09:41 we need a commitment, again, not just in words, but in actions, that this problem will be addressed effectively.

00:09:49 And

00:09:51 we will be asking

00:09:53 questions, I am sure, about that commitment to action and to ending the

00:09:58 broken culture,

00:10:01 which is a culture of

00:10:03 concealment,

00:10:06 that in many respects is

00:10:09 as

00:10:11 deeply troubling as the instances of

00:10:14 abuse and assault themselves.

00:10:17 With that, I'll turn to the Ranking Member.

00:10:21 Thank you, Mr. Chairman. I would ask that my

00:10:23 written opening statement be entered in the record.

00:10:26 We just commemorated Memorial Day.

00:10:30 I personally attended a

00:10:33 ceremony at the Milwaukee War Memorial.

00:10:36 It's called the Field of Flags.

00:10:39 27,316 Wisconsinites have paid the ultimate price, over a million Americans. We commemorated the 80th anniversary of D-Day.

00:10:50 I

00:10:52 feel that the men and women that serve us in the military are just the finest among us.

00:11:00 Just being able to step up the plate and make that sacrifice, be willing to serve, is

00:11:06 honorable.

00:11:09 And again, I can't express my gratitude enough to those who do that. I wish,

00:11:16 as we started this investigation,

00:11:19 I wish at this point I could say that the Chairman's just incorrect. He's overstating the case.

00:11:27 But I can't say that.

00:11:30 I was hoping that things were turning around, that this was in the past.

00:11:36 I can't say that's the truth.

00:11:42 I was hoping that the assurance was given us months ago that

00:11:47 they took this, that everybody in the Coast Guard took this seriously, that they're going to be completely transparent.

00:11:53 They had to change the culture, and they recognized that the only way to change the culture is through

00:12:00 disclosure and accountability. I wish all that was true.

00:12:05 But it hasn't turned out to be that way. We were

00:12:11 told that there are 25 to 30 thousand pages of responsive documents. We received about 17,000, and I did talk to

00:12:19 an Admiral yesterday. It wasn't the most pleasant conversation. And I suggest the only way to get through this hearing

00:12:26 with integrity is to turn over the remaining of those documents unredacted.

00:12:32 We obviously didn't get thousands. Apparently we've got about a thousand pages, but in a redacted form.

00:12:40 This is what we get.

00:12:42 There's a good one.

00:12:59 This is not full transparency.

00:13:03 I've been doing investigations now for a number of years. This is why I came to the Senate, but

00:13:10 I got put into this role.

00:13:12 You almost think that they must provide

00:13:17 conferences or workshops for members of the executive branch how to avoid

00:13:25 complying with

00:13:27 congressional oversight requests. It's the exact same runaround. The exact same runaround. Again, we're going to take it seriously. You're going to be fully transparent.

00:13:34 We're going to come clean, and well, we can't show you that. That's a censored document.

00:13:39 So why don't you come on in camera, and you can review it. Can't take copies. You can take some notes.

00:13:43 It's just all part of the runaround. It's all part of running out the clock.

00:13:48 I know, certainly yesterday, my phone call with the Admiral.

00:13:52 He could see the growing frustration on my part

00:13:57 of how, and this is on a bipartisan basis. This is, you know,

00:14:04 departments, agencies

00:14:06 within both administrations, both Democrat and Republican, just completely ignore

00:14:13 our

00:14:16 constitutional responsibility, and quite honestly their responsibility to provide these documents and this information to Congress, which means to the American public,

00:14:24 American people.

00:14:27 This has to get fixed, and

00:14:33 I

00:14:35 appreciate that the Chairman has

00:14:37 been dogging in his pursuit of this. I think it's going to require subpoenas,

00:14:42 requires a hearing like this to lay this all out. I wish it didn't have to be so. I wish all those assurances would have been true,

00:14:50 but they haven't been. So again, I'm not looking forward to this hearing. I'm not,

00:14:56 but it's absolutely necessary, and

00:14:58 the sooner that

00:15:02 the Coast Guard comes clean, becomes fully transparent,

00:15:04 holds people accountable,

00:15:08 as unpleasant as that will be,

00:15:10 the only way you can change the culture, the only way this can be fixed, and

00:15:16 that the finest among us can feel safe at the Academy and in service to this country,

00:15:24 is with truth, transparency, and accountability.

00:15:31 That's what we're trying to do in this committee, is provide a forum for that kind of accountability. So again, I appreciate

00:15:37 you doing this investigation, this hearing, and I just hope and pray

00:15:43 that the truth is revealed and accountability is restored and integrity is restored. Thank you. Thanks, Senator Johnson.

00:15:50 I'll introduce the witnesses.

00:15:52 The Honorable Admiral Linda Fagan is the 27th

00:15:56 Commandant of the United States Coast Guard.

00:15:59 Prior to assuming her duties as Commandant, Admiral Fagan served as the Vice Commandant,

00:16:05 the Commander of the Pacific Area, and the Deputy Commandant for Operations of Coast Guard Defense Forces.

00:16:11 Admiral Fagan, a Coast Guard Academy graduate, is the longest-serving active duty Marine Safety Officer.

00:16:20 Master Chief Heath Jones,

00:16:23 Master Chief Petty Officer,

00:16:25 is accompanying her for

00:16:29 questions.

00:16:31 He is the most senior enlisted member of the Coast Guard and the Principal Advisor to the Commandant on all personnel

00:16:38 matters.

00:16:40 As is our custom, I will

00:16:42 administer the oath. If you would please rise.

00:16:46 Do you swear that the testimony that you were about to give is the truth, the whole truth, and nothing but the truth, so help you God?

00:16:56 Thank you.

00:17:00 Commandant, if you would please proceed with your statement.

00:17:03 Thank you. Good morning, Chairman Blumenthal, Ranking Member Johnson, distinguished members of the subcommittee.

00:17:08 I ask that my written testimony be entered into the record. Without objection.

00:17:12 The Coast Guard is on an unprecedented journey to ensure every member of our workforce

00:17:17 experiences the workplace culture they expect and deserve.

00:17:20 As this subcommittee is aware, Operation Fouled Anchor was an investigation into past sexual assaults at the Coast Guard Academy.

00:17:28 That investigation also began to reveal that in some places throughout our service

00:17:33 we failed to ensure a culture that is safe for all, where every member feels connected, supported, and free from harm.

00:17:41 Many people in and out of government have shared some version of, "Well, you know, this kind of thing happens all across society."

00:17:48 And my response to that is, "It is unacceptable.

00:17:51 Not in my Coast Guard.

00:17:54 Sexual assault and sexual harassment are crimes that harm our members, and it is not who we are."

00:17:59 I've met with victims, heard their stories firsthand,

00:18:03 shared their pain.

00:18:06 I recognize the harm they experienced, the trust that was broken, and the difficult journey they undertook to be heard.

00:18:12 As painful as reliving these traumatic events can be, many of these victims courageously and publicly stepped forward,

00:18:19 including to this subcommittee, to share their stories so that we can affect change. To the victims, survivors,

00:18:26 I am truly sorry for what you have had to go through.

00:18:30 Thank you for your courage and efforts to make our service better.

00:18:34 To those victims who've not yet come forward or feel unheard,

00:18:40 I understand your reluctance.

00:18:42 There's nothing more important to me than earning your trust in our service's ability to respond and support you.

00:18:49 I also want to repeat here today, our failure to share the report with Congress was a mistake that

00:18:55 prevented appropriate oversight and further eroded trust.

00:18:58 This subcommittee and others, as well as the Inspector General, are investigating the Coast Guard's handling of the report.

00:19:05 We continue to cooperate with these investigations.

00:19:08 We've devoted significant resources and have been fully responsive to the subcommittee and will continue to do so.

00:19:15 We conducted the broadest possible sweep of records, reviewing nearly 2 million pages, and all

00:19:20 responsive documents have been provided to this committee.

00:19:23 More details about the Coast Guard's efforts to support your investigation are in my written testimony.

00:19:29 I cannot change the past, but as the Commandant today, I reaffirm to our workforce,

00:19:36 past and present, that I remain steadfast in my commitment to making lasting cultural change.

00:19:45 Over the past 10 months, I've taken decisive actions to address not only the issues revealed by the investigation,

00:19:50 but the broader issues of culture and workplace climate.

00:19:54 This includes efforts to root out toxic behaviors and regain the trust of the workforce.

00:19:59 We've consulted with experts in cultural change, in the neuroscience of trauma, and in sexual misconduct training,

00:20:06 prevention, and accountability, and we're incorporating in our actions the insight of victims and survivors, as

00:20:13 well as input from this subcommittee.

00:20:15 Together with Congress, we implemented the Coast Guard safety report policy, so that any member who reports sexual assault is not punished for minor collateral violations.

00:20:24 When victims pointed out that their voices were not reaching the leadership,

00:20:28 we created an enterprise victim advocate to amplify victims' voices and address service-wide issues.

00:20:34 We know that accountability for past misconduct is a critical part of justice for survivors.

00:20:40 We're fully leveraging all of our updated authorities from Congress.

00:20:44 For example, we've implemented a new policy on last-grade health determinations to reduce retirement pay grades for past misconduct as discovered.

00:20:53 We continue to vigorously investigate timely reports of criminal misconduct.

00:20:58 We've also been working to improve accountability for non-criminal misconduct while providing support to victims.

00:21:04 To ensure our culture aligns to our core values,

00:21:07 I initiated a comprehensive effort across the workforce to understand how our people live our core values and to create clarity and alignment.

00:21:16 There's more that we're doing and more that we want to do, and I will ask for your support and resourcing support to continue with the work and journey we've embarked on.

00:21:25 Every expert we've consulted cautioned that culture change is not easy, and it is not quick.

00:21:31 But it is critical that we undertake this, and it's critical to our success as a service organization.

00:21:37 We have started this work.

00:21:39 I'm not shying away from this challenge.

00:21:42 I know the people of the Coast Guard, and I know we are already rising to the challenge ahead.

00:21:48 I'm confident this sustained effort will make the Coast Guard stronger, more resilient, and more responsive to our people and the public we serve.

00:21:57 Thank you.

00:21:59 Thank you, Commandant. We'll have

00:22:02 rounds of seven minutes each and then a second round

00:22:07 probably afterward.

00:22:09 Commandant, have you taken action to separate

00:22:16 any officer

00:22:20 from the Coast Guard for retaliation against a survivor?

00:22:25 We have policies in place that create accountability around

00:22:32 retaliation and retribution. Have you actually separated anyone from the Coast Guard? Have you taken action to

00:22:38 fire an officer?

00:22:40 I do not have a name in front of me.

00:22:43 I have not done a comprehensive back review of all the personnel.

00:22:49 The answer is no. The answer is I don't know.

00:22:51 You don't know whether you have separated anyone or taken action to separate someone?

00:22:56 We separate our officers from the service for misconduct and for crimes all the time.

00:23:01 But I'm talking about retaliation.

00:23:03 I don't know.

00:23:05 Have you taken action against any

00:23:08 member of your leadership for

00:23:12 failure to act on a complaint of retaliation?

00:23:17 I personally in my job as Commandant have not been aware, have not been made aware of any officer who

00:23:26 was guilty of retaliation and so therefore I have not taken action. If there is an officer in the system who is found guilty of

00:23:33 retaliation, I will ensure we act in accordance with policy and law.

00:23:37 That question I think is no as well. Let me ask you with respect to retaliation,

00:23:44 what proactive measures are you taking to prevent retaliation?

00:23:54 Some of the work that we are doing now as an organization and

00:23:57 when Foul Danker came to light last summer

00:24:00 we could have said this was just mishandling of sexual assaults from the 80s to 2006 at the Academy.

00:24:07 That is not how we've defined the problem.

00:24:10 Sexual assault, sexual harassment or crimes, they'll be investigated as crimes and followed through.

00:24:14 Retaliation,

00:24:16 retribution, hazing, bullying, ostracizing, these are harmful behaviors that are road readiness

00:24:21 and that is part of the cultural work that we are embarked on to eliminate those harmful behaviors, create a culture

00:24:28 intolerant of retaliation, intolerant of retribution and where it does occur ensure that we create accountability.

00:24:35 What specific actions are you taking to prevent retaliation?

00:24:39 We've begun work across a number of different efforts,

00:24:45 training at all levels in the organization, update the policy and procedures, clear guidance to my leaders as

00:24:52 commanding officers and OICs that retaliation and retribution will not be tolerated in the organization and you

00:24:59 must act to create accountability. Are you aware that

00:25:03 there are more survivors who leave the Coast Guard than perpetrators?

00:25:12 I'm not sure I understand the question, Senator. My goal is to create a culture in the organization

00:25:19 where everyone is safe and is free from harmful behaviors

00:25:24 and so everyone has the experience that they deserve in this incredible organization and we get that right more often than not.

00:25:30 Have you read the

00:25:32 letter or statement that Shannon Norenberg submitted to

00:25:38 this subcommittee? I have not read her statement. I am aware of the reporting of her concerns.

00:25:44 I confirmed yesterday that the allegations that Shannon brought forward will be part of the IG investigation.

00:25:50 I do want to note Shannon has been an incredible

00:25:53 employee for us. She's made an incredible difference as a sexual assault

00:25:58 advisor at the Coast Guard Academy.

00:26:01 We are a smaller organization with her departure, but the allegations she has made will be part of the IG investigation.

00:26:06 You've seen public reports. Have you asked to see the document itself?

00:26:11 I have not. This just came to light yesterday, but I have not seen her statement.

00:26:16 Are you aware that as part of that report she recounted that

00:26:22 survivors

00:26:24 were denied the opportunity to sign

00:26:27 CG 6095. You're aware of that document, are you not?

00:26:31 Yeah, so I am cooperating with the IG investigation

00:26:36 Well, I'm talking about what you know. I don't, I do not know the specifics of her allegation.

00:26:42 This is part of the investigation that will be done by the IG.

00:26:45 I'm fully cooperating with the IG and if there are, if there's evidence and misconduct, we'll work in accordance with law and policy to ensure accountability.

00:26:52 Here's what, and I apologize for interrupting, but my time is limited, so I'm gonna ask you.

00:26:58 You know what CG 6095 is, right? It enables

00:27:03 veterans of the Coast Guard to have access to benefits and care from the VA.

00:27:08 When that document is unsigned, they can't access the benefits. If they're denied the opportunity to sign that document,

00:27:16 not only are they victims of sexual assault and survivors, but they are

00:27:22 prevented from accessing the health care they need to deal with the trauma and

00:27:30 other medical problems that may be resulting from it, and I find one of the most damning

00:27:35 parts of her

00:27:38 letter

00:27:39 to be that those survivors evidently were denied that opportunity.

00:27:43 What are you going to do to give those veterans the opportunity to access care and benefits?

00:27:51 I am committed to cooperating with the IG. We'll continue to work to understand what did or did not happen.

00:27:57 Is the IG saying you can't give them the opportunity to sign CG 6095?

00:28:02 It is an ongoing investigation and the IG has said this is a matter, while it is under investigation,

00:28:08 I cannot initiate action. As soon as we are able to, I will ensure that any victim who's entitled to veterans

00:28:14 benefits has access to those benefits. This allegation just came forward yesterday, and we were working with the IG to understand

00:28:20 what just what happened, what didn't happen, and then we'll work to support victims.

00:28:25 My priority is supporting victims.

00:28:28 When will the IG investigation be done?

00:28:31 You'll have to ask IG, sir. I don't know. I don't know. I'm cooperating with the IG. But in the meantime,

00:28:37 survivors are denied medical care

00:28:41 without any justification. I find that absolutely

00:28:47 untenable and intolerable, and I think it will

00:28:51 impact

00:28:54 morale within the Coast Guard. Wouldn't you agree?

00:28:56 I continue to work with the IG and I'm committed to providing support for victims and will continue to work that issue forward.

00:29:04 I don't want any victim to not get the support that they are entitled to. The IG investigation,

00:29:08 I submit,

00:29:12 respectfully, cannot be used as a shield for inaction.

00:29:17 It cannot be used as

00:29:20 an excuse

00:29:23 for failing to address these ongoing problems.

00:29:26 It cannot be used as a reason to refuse disclosure of documents to this subcommittee.

00:29:33 And the IG

00:29:35 has not asked you to

00:29:38 refuse medical care or

00:29:41 deny access or

00:29:44 refuse documents to this committee, so far as I'm aware.

00:29:46 I'm going to turn to the ranking member. We're going to adhere

00:29:51 strictly to the seven minutes so that everybody gets a chance and then we'll come back for another round.

00:29:57 Thank you, Mr. Chairman. By the way,

00:29:59 there's an ongoing investigation is one of the primary excuses always used to prevent disclosure to Congress.

00:30:06 So, chalk that up to another one from the workshop.

00:30:10 Commandant Fagan, did I hear you right? You testified that you've turned all the documents over the committee?

00:30:19 We have been working in good faith with the committee, rolling production of documents. We began this process last summer,

00:30:26 added people and resourcing to ensure that we're able to get into a regular production of

00:30:31 documents. This is an unprecedented undertaking for the organization. There are just short of two million pages of documents that were initially

00:30:38 looked at with regard to potentially being responsive to the issues that the subcommittee is interested in.

00:30:45 We have turned over 18,000 pages of documents to the subcommittee responsive to the ask. That includes 91 reports of

00:30:53 investigation from

00:30:55 assaults that occurred at the Coast Guard Academy. I

00:30:58 understand that the and we have done this consistent with advice from General Counsel, consistent with

00:31:06 protection of victim privacy and victim dignity,

00:31:09 witness privacy,

00:31:12 sensitive public health information, attorney-client privilege, and the pre-deliberation or pre-decisional

00:31:19 documents. In those cases where the committee, we've offered in-camera review,

00:31:24 it's a standing and open offer for in-camera review. Any one of the documents that you have, we

00:31:30 welcome the opportunity to continue to work in good faith with the committee to provide the documents.

00:31:36 So, Bob, we haven't received all the documents.

00:31:40 You've received... Bob, we have not received all the documents. They're still under going under review.

00:31:46 We have completed the review. You've received all of the responsive documents.

00:31:49 One of the documents, and I asked you

00:31:53 when we first met in my office, there was showed you an email. There was an attachment to that email. The attachment wasn't

00:31:59 provided and

00:32:02 you made the commitment to provide us that attachment. I believe what that was was an earlier version of

00:32:07 the report, an earlier draft of the report on Operation Fouled Anchor.

00:32:13 You committed to provide that. That has not been provided to us, correct? Well,

00:32:18 we'll work back through your committee. I know you've got the Fouled Anchor report, the final report.

00:32:23 Again, part of our investigation would be to see earlier drafts in terms of what, again,

00:32:30 I view this as a cover-up.

00:32:33 So when you're investigating a cover-up,

00:32:37 some of the documents you're going to want is, okay, we see the final report from a five-year investigation.

00:32:43 You know, we're aware of the fact that that initial report, the initial draft, was 11 pages.

00:32:49 It would be very interesting, I think,

00:32:52 important for us to see

00:32:55 what was cut out of that 11 pages to produce a six-page report.

00:32:58 So when can we expect to see the original drafts,

00:33:02 the 11-page initial

00:33:06 draft of the report?

00:33:08 I continue to work with my general counsel and I'm taking advice with regard to...

00:33:14 What excuse would be given to not turn over the initial draft of the report? If you want to be fully transparent,

00:33:22 what could possibly prevent that from happening?

00:33:25 I continue to work in good faith with the committee to provide documents and we'll provide... Again, good faith is always the excuse you hear.

00:33:34 Who do you report to? I report to Secretary Mayorkas.

00:33:38 Have you spoken to Secretary Mayorkas about this situation?

00:33:43 Yes.

00:33:45 What kind of interest is he shown

00:33:47 in, let's face it, in this cover-up?

00:33:51 This is not a cover-up. I am committed to providing documents in good faith.

00:33:57 This is an incredible organization

00:34:00 and I am committed to bringing the organization forward and making the culture change necessary.

00:34:08 And I understand that there's a responsiveness to the committee.

00:34:11 I remain committed to that and I continue to work with my own lawyers and in the department to ensure

00:34:17 that we are providing documents consistent with executive branch and

00:34:23 constitutional process

00:34:25 according... with regard to accommodation. Again, you have to understand I've heard this time and time again over multiple investigations.

00:34:32 It's the same, the exact same excuses given all the time in terms of not being responsive.

00:34:38 You talk about your two million pages. Well, we've already cut it down to somewhere between 25 and 30.

00:34:44 You've turned over 17, but in particular when there's a document that you request,

00:34:52 you know, from a U.S. Senator to the Commandant of the Coast Guard and

00:34:55 and the Commandant of the Coast Guard said, "Yeah, we'll provide that document." And it's not provided.

00:35:00 So again, I'm not talking two million pages. I'm not talking 25,000 pages. I'm talking about an 11-page

00:35:07 initial draft of the report on

00:35:11 an investigation that took five years,

00:35:14 it was then covered up for a number of years,

00:35:18 and I can't get that 11 pages. We can't get that 11 pages. Why?

00:35:23 I remain... Have you read that full 11-page draft report? I have not read the pre-decisional 11-page report.

00:35:32 I have read the final fouled anchor report that was closed out in in February of

00:35:37 2020.

00:35:39 You haven't been inquisitive enough to read the initial draft?

00:35:47 I am focused on... There's obviously a reason I want to see it. There's obviously a reason I'm making a point of it in this hearing.

00:35:53 I think it could be very revealing in terms of what the Coast Guard

00:35:58 at that point in time decided, "We don't want to include that.

00:36:02 That might harm our institution. That might be embarrassing.

00:36:08 So let's leave that out. We'll give them these six pages. We'll leave these five pages out."

00:36:14 So if I get nothing out of this hearing today is I'd like a complete commitment

00:36:19 to show us that full 11-page draft report.

00:36:24 If we have to review it in camera, fine. I can go read 11 pages in camera.

00:36:29 It's a little more difficult to do another 10 or 20,000 pages.

00:36:33 That's why we need these documents here so that we can search them. We can get them on our computer.

00:36:38 We can search for key phrases. I mean, there's a way you do these investigations.

00:36:41 In-cam reviews is not a very good way of doing it, but I'll make an exception for these 11 pages.

00:36:47 Can I get that commitment? I will commit to providing those 11 pages in camera review. Okay. Thank you.

00:36:52 Senator Hassen.

00:36:58 I'm going to move... Oh, there it goes.

00:37:02 Thank you, Chair Blumenthal and Ranking Member Johnson for holding this really important hearing,

00:37:08 and thank you, Admiral Fagan and Master Chief Jones for appearing before the subcommittee today and for your service to our country.

00:37:15 I remain deeply disturbed, as my colleagues are, by the Coast Guard's response to sexual assault and harassment within the service.

00:37:23 While most of the Coast Guard's failures preceded your leadership,

00:37:26 the agency has also been slow to implement changes under your command.

00:37:31 You have missed targets for implementing recommendations from the Accountability and Transparency Review.

00:37:37 In addition, you were slow to inform service members that non-disclosure agreements did not preclude them from coming forward as

00:37:43 whistleblowers to Congress or other appropriate entities.

00:37:46 It's also becoming more clear that the Coast Guard's culture problem

00:37:50 widely exceeds its academy, and the service needs to do better to protect all of its members.

00:37:56 To the brave women and men who commit their lives to their country, to keeping us all safe, secure, and free,

00:38:04 too many of you were subjected to sexual assault and harassment, and it is

00:38:09 unacceptable that the Coast Guard covered up its failures rather than get you the help that you deserve.

00:38:15 So I thank you all for your bravery and for your willingness to discuss your experiences.

00:38:21 Now, Admiral Fagan, I was going to start with a question that I think you actually answered in your opening.

00:38:26 I was going to ask, does the Coast Guard have a sexual assault and harassment problem,

00:38:30 but I take it from your testimony that you agree that it does.

00:38:34 The Coast Guard reflects society.

00:38:39 Any sexual assault in the Coast Guard is one too many.

00:38:44 I am committed to creating a culture in the environment that is intolerant,

00:38:49 not just of assault and harassment, but retaliation and retribution.

00:38:54 So you agree that the Coast Guard has a sexual assault and harassment problem.

00:38:58 Now, let's move to another issue.

00:39:02 According to public posts online, the Coast Guard Sexual Assault Prevention, Response, and Recovery Program

00:39:08 planned to film and release videos featuring victims discussing what happened to them.

00:39:13 The videos were supposed to be posted to an internal network this past April in

00:39:19 recognition of Sexual Assault Awareness Month, and this storyteller program was modeled after a similar program done by the United States Air Force.

00:39:28 However, these videos were not posted until May 23rd,

00:39:32 after an internal memo that recommended against sharing the videos was leaked.

00:39:37 The internal memo said that these videos, quote,

00:39:41 "could continue to exacerbate the narrative being advanced by some that the Coast Guard is in a sexual assault crisis,

00:39:48 despite OFA," meaning Operation Fouled Anger,

00:39:51 "include only historical cases of sexual assault at the Coast Guard Academy."

00:39:58 The memo also notes, quote,

00:40:00 "interested congressional committees and personnel

00:40:02 staffs are going to reach out to the Coast Guard and demand accountability," close quote.

00:40:08 So Chair Blumenthal, I'd ask that this internal memo be entered into the record.

00:40:11 Do I have permission, Mr. Chairman?

00:40:15 Mr. Chairman?

00:40:18 Yes, thank you.

00:40:20 To me, this memo reflects continued problems with the Coast Guard's commitment to accountability and transparency.

00:40:27 It also shows an unwillingness to fully confront ongoing allegations of sexual assault and harassment.

00:40:34 Admiral Fagan, when did you become aware of this storyteller program?

00:40:38 Were you consulted in the decision on whether to share these videos, and are you concerned that some agency leadership

00:40:45 apparently feared accountability?

00:40:47 I did not become aware of the storyteller program until

00:40:53 after the interviews had already been made. I'm fully supportive.

00:40:59 The pain that the victims

00:41:02 have carried in silence for far too long, it is important for victim stories to be out there.

00:41:07 I am not afraid of the victim stories being shared and shared publicly.

00:41:13 But clearly some in your organization were, it's reflected in this memo,

00:41:18 so were you consulted in the decision on whether to share these videos, and are you concerned that some agency leadership

00:41:25 apparently feared accountability? I was not consulted, and I am

00:41:29 myopically focused on

00:41:32 creating culture around accountability, not just for senior leaders, but at every level of the organization, and that extends into

00:41:39 policy and application. So I will take that as a commitment that if you have agency leadership whose judgment reflected in this memo,

00:41:47 was that they they wanted to

00:41:50 instruct folks not to share these videos because they were scared of accountability and of Congress

00:41:57 pushing the service more on this issue, I take it then that you will take action

00:42:02 against agency or to hold agency leadership accountable for their decisions to keep these videos

00:42:10 away from the public.

00:42:12 So those videos have been released. I remain committed to transparency and accountability.

00:42:20 We are doing culture work in the organization.

00:42:24 I am proud of how much we've accomplished in the last nearly year since we had-

00:42:28 But let me be clear, and I'm interrupting, I'm sorry because my time is limited.

00:42:32 As recently as this spring,

00:42:35 the culture among senior leadership in the United States Coast Guard

00:42:40 was such that they decided to withhold these videos

00:42:44 because they were concerned about accountability. This is very recent, so the culture change you are attempting is

00:42:52 not permeating to your senior leadership as

00:42:55 far as we can tell from this memo because the videos were not released until this memo was leaked.

00:43:01 So you've got work to do.

00:43:05 I am committed to the journey that the culture that is in place in the organization today

00:43:12 has taken time to get there. It will take me time to turn the culture.

00:43:19 We will become an organization that is intolerant of harmful behaviors,

00:43:23 that is myopically focused on transparency and creates accountability for every member of the organization.

00:43:30 I thank you for that commitment.

00:43:31 I will note that incidents like this one where videos were prepared, there was a plan,

00:43:37 they were going to be released at least to an internal site in April during Sexual Assault Awareness Month,

00:43:43 they were pulled back because of concerns about the way it would look for the Coast Guard and that it might subject the Coast Guard

00:43:50 to further inquiry from the United States Congress.

00:43:53 That reluctance

00:43:56 indicates a real failure of

00:44:00 leadership and it indicates a culture that still does not understand the significance or is committed

00:44:05 to the significance of rooting out sexual assault and harassment.

00:44:09 So again,

00:44:11 I'll turn it back to the chair, but the Coast Guard has work to do here

00:44:15 and we need to understand how it was that a leadership group

00:44:19 that is supposed to be committed to changing the culture took the steps it did to keep these videos away from the public.

00:44:26 Thank you, Mr. Chair. Thanks, Senator Hassan.

00:44:29 Did I understand correctly, Commandant, that you have not reviewed those documents that were withheld?

00:44:37 Which documents, Senator? The documents that were offered for review in camera.

00:44:43 You know what in camera means, by the way. Yes, I do. You can't take notes. You can't talk about them.

00:44:49 You can't make them public. You can't use them.

00:44:51 You haven't read them.

00:44:54 The 11-page pre-decisional... Well, whatever number there are, there may be more than 11 pages.

00:45:00 No, I have not.

00:45:04 I'm astonished that you haven't... We are working in good faith with the committee to be responsive to the

00:45:09 investigation and the matters at hand.

00:45:11 I have a staff of 10 that have been working nearly around the clock since last summer to

00:45:17 create and produce the documents on a rolling basis to be responsive to the committee.

00:45:23 You haven't reviewed them, but let me tell you, those documents

00:45:28 have no victim names. They have no classified information.

00:45:34 They have nothing,

00:45:37 absolutely nothing that would be privileged.

00:45:40 What they have is evidence of bad choices and poor judgment

00:45:47 that would be embarrassing,

00:45:49 which is the reason they've been called sensitive. That's just one example of

00:45:53 documents that have been withheld.

00:45:56 Just so

00:45:59 the world understands,

00:46:01 we've raised this issue

00:46:03 repeatedly with you in letters, in phone calls. We're not

00:46:09 playing gotcha here.

00:46:12 What I want,

00:46:15 and I think that

00:46:17 Senator Johnson alluded to it, is a commitment that these letters will be turned over to us. Will you make that commitment?

00:46:25 I continue to commit to the committee to work through the process in good faith to provide

00:46:31 access to all the information necessary for the committee to complete its investigation.

00:46:36 You know, I'm a lawyer.

00:46:38 I used to be a prosecutor. I know when

00:46:42 defendants or parties claim privileges or reasons for non-disclosure.

00:46:47 But

00:46:49 I also know it's up to the client when all said and done

00:46:53 to make decisions. You're the leader.

00:46:56 These decisions are yours and

00:47:00 you say in your testimony, and I respect you for saying it, that there are two themes

00:47:08 going through

00:47:12 the Coast Guard's dealing with this issue.

00:47:15 Quote, "First, many Coast Guard members are not currently experiencing the safe and empowering work environment

00:47:22 that they rightfully expect and deserve. Second, there is a noticeable erosion of trust in the Coast Guard

00:47:28 leadership." I think disclosure is important to meeting both of those

00:47:35 issues and

00:47:38 non-disclosure simply aggravates

00:47:43 the challenges that you face. And when you say, I think it was in your testimony and in response to

00:47:50 Senator Hassan,

00:47:52 that the problems of sexual assault in the Coast Guard

00:47:57 reflect sexual assault occurring generally in our society,

00:48:02 we hold our military services to a higher standard.

00:48:06 We don't say, "Oh, well, there's sexual assault on college campuses, therefore

00:48:12 it's

00:48:14 okay at the Coast Guard Academy." Now, I know you're not saying it's okay,

00:48:19 but it demands stronger action

00:48:23 because you are a military service that has earned and

00:48:28 deserves our respect for the great contribution that you make to our country and that your graduates

00:48:35 commit themselves to doing.

00:48:38 So,

00:48:40 failure to disclose, I think, has ramifications

00:48:43 throughout the Coast Guard and more generally in the way that the public views your service. Let me ask you about

00:48:51 the

00:48:55 33 directed actions recommended in the Accountability and Transparency Review.

00:49:00 You say in your testimony that you've taken 33 separate actions.

00:49:04 The

00:49:07 Government Accountability Office in February found that you have

00:49:10 done only five of those directed actions completely.

00:49:16 Are you saying that you've now completed all of the others?

00:49:22 No. First, I'd like to affirm I hold my workforce to a higher standard in the society.

00:49:28 Sexual assault, sexual harassment is a crime. It has no place in the Coast Guard and we are going to continue to move to

00:49:34 become intolerant of those harmful behaviors. The Accountability and Transparency Review was a 90-day review that was done

00:49:42 to

00:49:43 start to build the roadmap ahead for the journey that we need to take as an organization.

00:49:48 There were 33 directed actions and we were in various forms of implementation.

00:49:52 We've done things like create an enterprise victim advocate.

00:49:56 We'd heard from victims that they didn't feel like they had a voice with senior leadership.

00:50:00 We're the only organization, the only military that is an enterprise-wide victim advocate.

00:50:04 We've implemented the safe to report policy in advance of the, when Congress

00:50:09 notified us that victims were concerned about reporting, we've already put in place a safe to report policy.

00:50:15 We're establishing a new Sentinel transformation readiness training week for our

00:50:20 members as they complete boot camp. We've changed characterization, how we characterize

00:50:26 service policy with regard to those who've been, had substantiated cases of sexual assault.

00:50:31 We're ensuring that victims are able to be present, provide worded statements and administrative separation proceedings.

00:50:39 We've signed an MOU with other military service academies. I've added company officers and company chiefs at the Coast Guard Academy.

00:50:45 We've updated the cadet swab summer program. We've changed the cadet conduct system.

00:50:49 We are taking action. The work is not done.

00:50:53 This is work that we will continue to endeavor, but we have not waited and we have continued to invest.

00:51:00 I need to come to Congress and ask for resourcing support. People, HRIT system.

00:51:04 How much do you need in terms of resource that you don't have?

00:51:08 I need to come back with a more comprehensive answer that. Coast Guard investigative service officers.

00:51:14 You know now is the time, Commandant. We're reviewing the

00:51:17 2025 budget.

00:51:20 So I commit to you in short order to give you a more definitive answer. I know I need a new HRIT system.

00:51:28 The personnel system that we use from a computer basis for the Coast Guard is old.

00:51:34 It doesn't provide the kind of clarity and insights that I need to be responsive to you and we need to make those investments.

00:51:40 I mentioned 33

00:51:43 directed actions recommended by the Accountability and Transparency Review.

00:51:48 How many have you completed?

00:51:50 They are all in some stat.

00:51:53 I don't have the exact number in front of me because I don't view this work as ever being done.

00:51:57 We are going to continue to endeavor to invest in this work.

00:51:59 They established benchmarks for you and you're saying you don't know how many you've completed.

00:52:05 I will have my staff come over and give you an exact accounting of exactly where we are in the 33.

00:52:11 But the point I'm making, those 33 directed actions are an

00:52:15 investment in the broader work that the Coast Guard is doing to actually drive culture change.

00:52:19 Senator Johnson.

00:52:22 Commandant, how often have you talked to Secretary Mayorkas about Operation Fouled Anchor?

00:52:28 I've talked to him on several occasions about it. The department is aware of Fouled Anchor, aware of the

00:52:36 basically aware of Fouled Anchor.

00:52:41 So he was the Assistant Secretary of Homeland Security when Operation Fouled Anchor

00:52:46 was implemented, correct? Was he aware of it then, do you know?

00:52:52 I don't know.

00:52:54 How often have you talked to Secretary Mayorkas about this committee's investigation of

00:52:58 Operation Fouled Anchor and the sexual assault issues in the Coast Guard?

00:53:04 When I have opportunity to meet with him, it's not on every occasion,

00:53:09 but we have talked about this committee, how the criticality of oversight, being responsive to the committee, and you know,

00:53:16 continuing to work with he and the staff at the department to ensure that we're responsive and compliant.

00:53:22 So is your assessment that he takes this investigation pretty seriously and wants to be responsive?

00:53:26 Yeah, he continues to,

00:53:29 again, he and the staff continue to support the Coast Guard and work with us as we continue to work with the committee to be

00:53:35 responsive.

00:53:36 So you're aware the

00:53:38 Department of Homeland Security has something like 240,000 employees, right?

00:53:41 Yes. Has he offered any personnel,

00:53:45 investigatory personnel,

00:53:47 paper crunchers, people in their FOIA office to help you respond to this if you view this as a pretty serious issue?

00:53:54 So I have not asked him. I brought staff on, I brought contract staff on, and did not ask the department

00:54:04 specifically for additional FOIA personnel. So Secretary Mayorkas hasn't viewed this investigation seriously enough to offer you help then in this?

00:54:10 He has absolutely offered help and advice from his staff, and we continue to be engaged with the department on the matter.

00:54:16 Are DHS

00:54:18 attorneys, are they involved in

00:54:20 redacting or approving release of documents?

00:54:23 We continue to work with the department and the attorneys at the department as we work through

00:54:27 document production, redaction, and then release to the committee.

00:54:30 Now one of the reasons I ask that is, you know, we now know in testimony from

00:54:34 Dr. Morins and HHS that the FOIA

00:54:39 officer, the person in charge of actually providing information due to FOIA requests,

00:54:45 they seek her advice on how to avoid

00:54:49 producing documents under FOIA. Are you aware of that?

00:54:52 I was not aware of that.

00:54:54 I am, and that's what concerns me. Are you familiar with the Caitlin Morrow?

00:55:00 Yes.

00:55:01 So she entered the Coast Guard Academy in 2004, she left in 2005

00:55:06 after she was sexually assaulted by a classmate who is still in the Coast Guard.

00:55:10 She appeared before this committee. One of her requests, I thought was a pretty reasonable one, is to just get her records.

00:55:17 She still hasn't got her records, has she?

00:55:22 She has gotten her records. As I understand, one of the frustrations for victims is they are

00:55:29 unable through the Freedom of Information Act to receive

00:55:32 unredacted copies of their own report of investigations.

00:55:36 I welcome the opportunity to work with the committee to revise the law that is the Freedom of Information Act and provide

00:55:43 an opportunity for victims to have their own redacted reports of investigation.

00:55:49 I'm bound by law as it is currently prescribed in FOIA, but again, welcome the opportunity.

00:55:55 It seems like that is a righteous thing to do for victims is to ensure that they've got access to their own information.

00:56:01 I certainly like your commitment to, you know, personal commitment to make sure she gets to see her

00:56:05 full unredacted records.

00:56:07 Every victim has access. They are entitled to their

00:56:12 reports and access as long as, you know, their specific report of investigation.

00:56:19 Well, I've been told that their extension is granted on this and still she does not have,

00:56:24 she doesn't have that access, not the full access she wants.

00:56:27 I guess my final comment is I would,

00:56:30 right after this hearing, I would contact Secretary Marquez and make a request for

00:56:36 significant help in terms of personnel to comply with the committee's document requests.

00:56:43 That's what I do. Thank you, Mr. Chairman.

00:56:47 Senator Hadson.

00:56:49 Thanks, Mr. Chairman.

00:56:52 Admiral, both enlisted recruits and cadets at the Academy participate in

00:56:57 intense basic training when they begin their time in the Coast Guard.

00:57:00 These trainings are designed to test recruits and cadets physically and mentally and they are the first time recruits and cadets are

00:57:07 introduced to the Coast Guard's culture and code of conduct.

00:57:10 According to Coast Guard briefings, there is minimal discussion of sexual misconduct and victim services

00:57:17 during basic training for enlisted recruits.

00:57:20 I understand that basic training is stressful and exhausting and that the Coast Guard was perhaps rightfully worried that

00:57:27 seminars in the middle of basic training wouldn't receive the attention that they deserve.

00:57:31 But I am really concerned that the Coast Guard is missing a major opportunity to improve its culture and

00:57:37 instill core values of respect and self-discipline into new service members right from the beginning.

00:57:44 How could the Coast Guard better leverage basic training and its swab summer to improve its culture and set clear expectations

00:57:51 regarding sexual misconduct among recruits and cadets from the very moment that they join the Coast Guard?

00:57:57 So let me briefly answer and then if you allow permission, I'll let Master Chief talk specifically to KFA.

00:58:03 Every opportunity we have to train and acculturate both the enlisted force cadets and frankly

00:58:11 in force for officers and our senior enlisted.

00:58:16 Training, policy, leadership, all of that is on the table to continue to reinforce

00:58:21 culture, how we live our culture, how we become intolerant or harmful behaviors, and

00:58:26 ensuring that there's no ambiguity as far as what is that and how is it lived every day.

00:58:32 And we're adding a very specific week at the end of Cape May to address exactly this so that there's no ambiguity on

00:58:39 what our core values mean of honor, respect, and devotion to duty. Thank you.

00:58:44 If I may, Senator, thanks for that question. The program that you comment on, referring to, is our Sentinel transition readiness training program.

00:58:53 We're going to start our first beta test of it in October, which will be after recruits graduate from Cape May.

00:59:00 From their basic training we take them, we're going to move them off site to another location for a week that is focused 100% on

00:59:09 the tie of their personal values, morals, ethics to our Coast Guard core values,

00:59:13 ethics, and how to identify behaviors

00:59:17 that take the conversation left of assault, left of harassment, left of bullying,

00:59:22 to the behaviors where we can train those out of folks. And furthermore,

00:59:27 that's going to be every Coast Guard recruit is going to get that. We're also investing into our,

00:59:32 this type of training and principles will be built into every A and C school

00:59:37 that our members go to, both enlisted go to A school and then all members go to C schools.

00:59:42 It's going to be built into our enlisted performance qualifications and rating performance qualifications.

00:59:47 It's going to be built into our enlisted evaluation system and our officer evaluation system

00:59:52 so we can measure how the training has taken place. And we've recently also revamped our chiefs performance

00:59:57 qualifications for our chiefs call initiation process to train the chiefs of today for what we need to lead our people.

01:00:03 So I appreciate this, but let me just try to be clear.

01:00:06 During basic training itself,

01:00:08 there's the possibility that somebody is going to be exposed to harassment or sexual misconduct, right?

01:00:14 So how do they know during basic training, a time of

01:00:18 incredible stress and exhaustion, how to go about reporting

01:00:22 sexual misconduct? Where, at what point does the Coast Guard

01:00:27 really help recruits and cadets understand what their rights are from the get-go?

01:00:32 It starts day one, Senator, and it starts in Cape May day one and it's sprinkled in throughout.

01:00:37 The reason we feel the need to start this new program afterwards is they've had eight weeks of basic military instruction.

01:00:44 So we really want to cement what they've been taught at Cape May and cement it into the program.

01:00:49 All right, that is helpful. Admiral, the Operation Fouled Anchor final report stated that Academy leadership

01:00:55 "did not adequately investigate alleged offenses as serious criminal matters and hold perpetrators

01:01:02 appropriately accountable." While statutes of limitation or retirement may preclude

01:01:08 prosecution, there are other ways for the Coast Guard to hold individuals accountable for their actions and provide justice to victims.

01:01:15 For example,

01:01:16 according to Coast Guard briefings, the service is considering pursuing a reduction in rank or grade for at least one individual

01:01:23 who left the Coast Guard. It may be insufficient, but it would at least provide some measure of accountability.

01:01:29 What steps is the Coast Guard taking to hold individuals accountable for sexual misconduct when they retire?

01:01:35 So, in the case that you're referencing, I am ready to act on that case. The IG

01:01:40 investigation needs to be completed before we're able to do that. In fact, we've asked

01:01:44 recently to see whether we're able to proceed with regard to a board to determine a reduction in rank. As

01:01:51 these investigations complete and as there are findings of

01:01:55 misconduct consistent with policy and law, we will recreate that accountability. The last grade held board that I mentioned, that is authority

01:02:04 we've had. I've clarified in policy that we will begin regularly

01:02:07 reviewing and exercising that last grade held board. It impacts people's retirement pay grade,

01:02:12 and we need to use the authorities that we have to create that accountability where misconduct has occurred.

01:02:18 Okay, I will follow up with you on that and follow up with you as well on the whole issue of

01:02:24 the IG's investigation and

01:02:27 your perception of constraints because of that IG investigation. I have one more question for this second round.

01:02:36 Currently, most victim resources are located on land.

01:02:40 Coast Guard policy does require at least one trained

01:02:44 volunteer victim advocate on board during sea duty. In cases where a volunteer victim advocate is unavailable on board though,

01:02:51 commanding officers are tasked as victim advocates. In these instances, victims may fear coming forward or choose to wait until their sea duty

01:03:00 concludes to report, which could mean weeks or months at sea with their assailant.

01:03:05 What is the Coast Guard doing to improve victim services and access to confidential,

01:03:10 independent resources such as volunteer victim advocates for cadets and enlisted members on sea duty?

01:03:16 So my enterprise victim advocate is here in the room,

01:03:20 and I will ensure that we take that for action. Anybody at land or at sea should have access to a victim advocate,

01:03:26 appropriate access to a victim advocate, and I'll ensure that we're making progress so that

01:03:31 Just reinforcing the very basic point when it comes to sexual assault misconduct, a

01:03:38 reporting chain that includes a superior officer is not acceptable. Thank you.

01:03:43 Thanks, Senator Hassan. I want to follow up on a couple of your answers to

01:03:48 Senator Hassan's questions. I understand that

01:03:51 criminal prosecution may be difficult because of the lapse of time

01:03:56 and the statute of limitations that may apply, but

01:04:01 administrative action,

01:04:04 either reprimand or diminishing rank or

01:04:08 pay is

01:04:10 still possible, and

01:04:12 you say you haven't done any of those things, correct?

01:04:16 For example, the last grade held board, we have, with regard to the specific case mentioned and a couple of the

01:04:26 accused in the fouled anchor cases, we have not yet acted, but have the authority to do that.

01:04:32 I know I keep talking about the IG investigation,

01:04:35 but as that concludes, that will provide insights into whether

01:04:39 you know, sort of a

01:04:41 non-criminal misconduct occurred or not, and then we'll work

01:04:45 to create what accountability, transparent, what are the administrative tools there,

01:04:51 but I don't know what the IG is going to conclude. Don't you have your own investigation?

01:04:54 No, I'm relying on the IG to do the investigation.

01:04:59 So Congress has

01:05:02 authorized 1.5 million dollars

01:05:05 to the department for an independent third-party review. The department is close to finalizing that contract.

01:05:11 That independent third-party review will be important.

01:05:14 Haven't you completed that review with the 1.5 million that has been provided?

01:05:19 No, they're in the process of contracting that independent third party now.

01:05:24 So you don't have any active investigation underway right now of your own?

01:05:34 No, I am working in full support of the IG and the committees and congressional oversight.

01:05:39 And as you know, an IG investigation can sometimes be held confidential.

01:05:47 So if it is withheld from the public, only you and the IG would know and

01:05:56 maybe not even you. Can you commit to making public the IG investigation?

01:06:04 I commit to continuing to support and work with the IG process and then we'll

01:06:08 divulge information to the fullest extent that I am allowed.

01:06:13 You can't commit to making anything public right now?

01:06:16 I'm working in full support of the IG committee. I want the information. I want those insights. I want it to be public.

01:06:23 It is an important part of the accounting and the progress that this organization is making.

01:06:29 Don't you know enough now to

01:06:33 at least reprimand

01:06:35 the officials responsible for withholding and concealing

01:06:40 the Fouled Anchor report from the United States Congress?

01:06:45 I continue to work in full support of the IG and as that report concludes, we'll work

01:06:53 to understand what misconduct occurred or didn't occur. At this point, I don't have any direct evidence of misconduct.

01:07:00 Do you know whether

01:07:02 you don't have any evidence of misconduct?

01:07:04 No.

01:07:07 Really?

01:07:10 The Fouled Anchor report was concealed and withheld? You agree with that?

01:07:16 We failed to disclose the Fouled Anchor report to Congress. That was a mistake.

01:07:22 I can't go back and change that. I remain committed to moving the organization ahead.

01:07:29 Someone made the decision and in fact we have, I'll ask the poster board,

01:07:35 be provided again.

01:07:38 That decision was was made on the basis of

01:07:44 considerations that were discussed explicitly by the then Vice Commandant

01:07:49 Ray

01:07:52 after consulting with other leaders of the Coast Guard at the time. You were not in

01:07:58 a position of command at the time, which gives you the opportunity to enable the Coast Guard to come clean.

01:08:04 The pros and the cons. They decided the cons outweighed the pros

01:08:13 in part because

01:08:16 no victim coming forward now.

01:08:20 That was untrue.

01:08:25 The problem is one of the past. That was untrue.

01:08:28 Long-standing policy, no bright line.

01:08:33 There was no justification for concealing this report other than avoiding embarrassment.

01:08:40 That's not a

01:08:45 mistake in the sense of inadvertent

01:08:49 misplacing that report. They didn't

01:08:55 just

01:08:57 put it in someone's desk and

01:08:59 lose track of it. They decided very explicitly and

01:09:03 intentionally to withhold that report. That's misconduct, is it not?

01:09:09 I remain committed to the process and will work forward with the committee, the IG, the department to ensure that we've got proper accountability.

01:09:19 Thank you.

01:09:21 Let me ask you,

01:09:26 in April the Coast Guard attempted to stop the publication of

01:09:31 those videos

01:09:34 that were

01:09:36 referenced. Eventually they were disclosed, but

01:09:39 not until

01:09:42 after

01:09:43 the Coast Guard made an effort to suppress them. So I just want to clarify your responses to

01:09:48 Senator Hassan. And then last month an

01:09:51 anonymous email spread throughout the Coast Guard community.

01:09:55 The email alleged,

01:09:58 "The events that occurred

01:10:01 resulted in this junior member experiencing further sexual harassment,

01:10:05 retaliatory false reports, victim blaming,

01:10:08 lowered evaluations, targeting and silencing."

01:10:13 End of quote.

01:10:15 The email was highly inflammatory. The underlying existent incident,

01:10:22 which took place within the past few years, was confirmed by the Coast Guard.

01:10:28 This subcommittee was also informed by whistleblowers that shortly after this email was shared,

01:10:35 it started to disappear from Coast Guard members' inboxes.

01:10:41 We were told

01:10:43 by the Coast Guard that that was done because it was "spam."

01:10:48 I'm at a loss for understanding how an email alleging mishandling of sexual assault and subsequent

01:10:57 retaliation was classified as spam and deleted from

01:11:01 inboxes.

01:11:04 Admiral Fagan, were you made aware of this email before it was deleted?

01:11:07 I am aware of the email. The allegations of sexual assault were fully

01:11:13 investigated. They were referred to the office of the chief prosecutor. We have stood up an office of a chief prosecutor

01:11:19 consistent with the NDA language.

01:11:21 We're requiring that for the DoD military services and we've made the move and investment to do that.

01:11:27 The office of the chief prosecutor referred the case back to the leadership at D-8 and it is still an open matter of,

01:11:35 it's still an open matter. I don't have the details of exactly where it's at, but it is still open.

01:11:40 Were you informed about the decision to delete it?

01:11:44 I was not informed. The email, if you, and you've seen it, it's highly,

01:11:50 you know, inflammatory, colorful. Whether it triggered an automatic spam, I don't know. We know about the email.

01:11:58 We take those allegations seriously and we're following through.

01:12:00 Let me ask you, have the number of

01:12:06 reported cases of sexual assault and harassment

01:12:09 increased from

01:12:12 2022 to 2023?

01:12:15 No, the reports

01:12:18 to the Coast Guard of sexual assault have been

01:12:21 relatively steady. As I said, one sexual assault is one too many.

01:12:26 We need to move to drive that number down. In 2023, the number of reports to the organization was

01:12:32 85 or 186, but it's, they've been fairly constant and that's not acceptable.

01:12:37 The number needs to go down. And what were they in 2022?

01:12:41 2022, they were,

01:12:44 they were much, they were higher six years previously. I'll get you the number. It's

01:12:50 226 in '22. And what's the rate for 2024? Are you going to exceed those numbers?

01:12:58 I don't have those numbers in front of me, but happy to provide them to the committee, how many we've had reported to this point.

01:13:03 Well, I hope you will.

01:13:05 I'm going to turn to Senator Johnson.

01:13:07 So, Commandant Fagan, when were you first made aware of Operation Fouled Anchor?

01:13:12 I knew of the term Fouled Anchor when I

01:13:18 was initially in the building as a two-star and

01:13:22 knew

01:13:24 formally of it in the fall of 2018

01:13:27 when the Leadership Council was briefed with regard to the ongoing effort.

01:13:31 It was still in the early stages of Fouled Anchor when that brief was provided. So we did get an email from

01:13:38 Michael Burkow, the then Director of the Coast Guard's Investigative Service,

01:13:43 really talking to you about somebody under your command.

01:13:47 So my guess is over a five-year investigation, you're

01:13:52 investigating individual members of the Coast Guard, having to contact their commanding officers. So I would think

01:13:58 the knowledge that there was some an investigation going on, maybe not knowing what it was called,

01:14:03 was fairly well known

01:14:06 throughout the service?

01:14:09 I do not believe it was widely known.

01:14:11 I'd say I knew the term and then as the Pacific Area Commander, one of the O5s of a medium endurance cutter under my command,

01:14:18 the CJIS Investigative Services was ready to interview him in conjunction with a Fouled Anchor case and I became involved to

01:14:26 temporarily relieve him and bring a relief CO in. I do not know the details of the allegation against the individual.

01:14:33 I was more focused on keeping that ship operationally ready and providing a relief CO.

01:14:38 So that was probably more of an aberration where you had somebody in command of a ship or something that you had to be concerned about

01:14:44 whether you had continuity of command if something had to happen?

01:14:48 It was part of the investigative process.

01:14:49 We needed to make him available and then I needed to ensure that I had a commanding officer with clarity and

01:14:55 you know operational intent and so we brought in a temporary CO as the investigation

01:15:00 moved forward with regard to the individual. But the Coast Guard does have its own investigatory services, correct? We do.

01:15:06 So why is it you're relying on the Office of the Inspector General?

01:15:13 So Coast Guard Investigative Services did the investigations with regard to Fouled Anchor.

01:15:18 When it was announced that this would be subject to an Office of Inspector General,

01:15:23 we're now relying on the Office of Inspector General.

01:15:25 My CJIS director though regularly interacts with the IG because I do have an obligation to continue to

01:15:31 investigate new reports of sexual assault and particularly when they involve active duty members and we've got an excellent

01:15:38 confliction process in place between the IG and CJIS so that we can continue to investigate sexual assaults if they're reported.

01:15:45 Have you been interviewed by the Inspector General? I have not. Okay, but

01:15:50 okay, but you're again relying on that Inspector General to

01:15:55 investigate

01:15:59 what the cover-up of

01:16:02 Operation Fouled Anchor?

01:16:04 The IG is looking into Fouled Anchor, the totality of it including, you know, senior leader action or inaction and I'm fully cooperating with that.

01:16:12 Okay, I have no further questions. I do know that Senator Hawley was going to show up at 445. He's on his way, but

01:16:20 while we're waiting I do have some additional questions.

01:16:31 You became aware of

01:16:33 Operation Fouled Anchor after the decision was made to withhold it from the Congress, correct?

01:16:40 No, I knew of the Fouled Anchor investigation in general terms as early as the fall of 2018.

01:16:48 But the specifics, I'm sorry, I was unclear. The full extent, the number of victims, the 20,000 hours of

01:16:54 investigatory, I did not become aware of that until we had some of the FOIA requests from CNN and when I saw how

01:17:03 expansive it was it became apparent very quickly. I knew we needed to begin to move to

01:17:09 to report and commit to the committees. Do you know who

01:17:15 made the decision to withhold it?

01:17:18 I don't. We did not disclose.

01:17:24 Again, the process that we're going through right now will look at the deliberative process, you know, what was and was not

01:17:32 decided with regard to disclosure. The reality is it was not disclosed and that

01:17:37 failed to create the opportunity for Congress to appropriately conduct oversight. Who was the commandant at the time?

01:17:43 My predecessor was Admiral Schultz.

01:17:46 Is it your view that he made the decision to withhold it?

01:17:52 I was not in all of the meetings. I know what I was briefed in the fall of '18.

01:17:58 I know when we closed it down in '20 there was conversation around

01:18:01 whether

01:18:04 to disclose or not and then I, you know, I don't know.

01:18:09 You know, there are a lot of people watching this hearing who would conclude that maybe you don't want to know.

01:18:19 Is that fair? I am committed to transparency and accountability. I

01:18:24 continue to work with the IG and I am

01:18:29 believe that that investigation will shed light into exactly the questions that this committee is asking.

01:18:34 But the IG investigation may never be disclosed. You don't know when it will be done.

01:18:40 You do know that

01:18:44 Operation Fouled Anchor

01:18:47 was withheld. It was concealed.

01:18:49 It amounts to a cover-up.

01:18:52 You didn't make the decision. You're not implicated.

01:18:55 But now you're in

01:18:58 command and

01:19:02 I submit very respectfully that you should want to know and

01:19:06 that you have a right to know as well as a responsibility.

01:19:15 You have said to us that you're

01:19:18 going to work with the committee. You haven't made a commitment on

01:19:23 disclosure of

01:19:25 those

01:19:27 quote-unquote sensitive documents. Is it your testimony that you will not commit to make them available to the committee?

01:19:34 I have

01:19:35 offered and there is an open commitment to the committee for in-camera review and will continue to work to be responsive

01:19:42 should those documents be. You understand why in-camera review is completely unacceptable.

01:19:47 Do you not?

01:19:50 I continue to work with my lawyers, the Office of General Counsel, and will continue to be responsive to the committee.

01:19:58 Any document is available to the committee. It is a standing and open

01:20:04 open offer with regard to in-camera review.

01:20:07 Thank you.

01:20:09 I'm told that Senator Hawley is not going to be coming. I have just a few more questions.

01:20:18 You know, I'm somewhat astonished that you haven't looked at

01:20:24 Shannon Norenberg's

01:20:28 submission to this committee. It's available

01:20:31 to you. You've read the reports. I'm sure

01:20:36 you've read on CNN about it, correct? Yes.

01:20:40 I understand she may be here today. I don't know whether she's in the audience.

01:20:48 Evidently she is. Thank you for being here.

01:20:54 You described her earlier. Do you have anything to say to Shannon Norenberg?

01:21:00 Shannon was a great employee of the Coast Guard. She's an award-winning advocate for victims of sexual assault and

01:21:07 remained committed to understanding what with regard to the allegations that she has made and will work with the committee and others to

01:21:16 create transparency and understanding around,

01:21:19 you know, again, the allegations.

01:21:21 But one of her requests, and she made very explicit requests to Congress,

01:21:29 as well as to you, but to you one of her very explicit requests was for action.

01:21:36 What action are you going to take in response to

01:21:40 the

01:21:43 statements that she's made?

01:21:45 I am committed to

01:21:48 full transparency with regard to the allegations and will work with, as I said, I know the IG is taking it up.

01:21:53 We've got the third party independent review.

01:21:55 I will ensure this is a matter that is also included so we can understand what

01:22:00 was known when and

01:22:02 bring clarity to the allegations.

01:22:05 Will you commit to make available the,

01:22:09 and I'm quoting her, deliberately withheld VA military sexual

01:22:15 trauma benefits and services from the survivors we were sent around to meet with? Will you make that commitment?

01:22:21 Yeah, I again, I will take back through my my enterprise victim advocate and others to ensure that we don't have anyone out there

01:22:29 that has not had been able to avail themselves of veterans,

01:22:33 veterans benefits, and we'll take that back to ensure that our victims are receiving the support they're entitled to.

01:22:38 Will you commit to entering those reports of sexual assault in the DSA ID?

01:22:51 In any case where they need to be entered because we've got a victim we will we will ensure that that is happening.

01:22:56 She says

01:23:03 in a question to you, what actions are you going to finally take to do right by these victims you have so horribly

01:23:10 mistreated?

01:23:13 This official had responsibility for

01:23:16 counseling and helping

01:23:20 students

01:23:22 at the Academy

01:23:23 that were victims and survivors of sexual assault. She devoted her life and her career to helping them as

01:23:31 sexual assault response coordinator, the SARC, for the Academy. This is a position that exists throughout the services.

01:23:39 Did she report to you?

01:23:42 No, she did not report. Did she report to the superintendent?

01:23:47 I will get back to the committee on the exact reporting chain at the Coast Guard Academy.

01:23:51 Did you know or do you know her personally?

01:23:55 I've met her on one occasion in February and find her to just be an incredibly dedicated professional. Will you read her

01:24:01 statement? I will read her statement. And will you meet with her?

01:24:05 If I, yes, as long as the investigative process allows when that is possible, I will absolutely meet with her.

01:24:15 Let me just say again, and I apologize for repeating and I mean this without any disrespect.

01:24:23 I have a great deal of

01:24:29 respect for the investigative process, but you're in charge and

01:24:34 meeting with Shannon Norenberg seems to me about basic decency and wanting to know the truth. And

01:24:44 as I said before,

01:24:46 what's required of the Coast Guard at this moment is an

01:24:50 unsparing commitment to truth-telling.

01:24:53 Following the facts and the evidence wherever they lead,

01:24:58 even if they are embarrassing to former members of Coast Guard

01:25:03 or present members.

01:25:06 And that is

01:25:10 what serves the interests of

01:25:12 the nation as well as the Coast Guard. I am struck by

01:25:17 the stories from

01:25:20 whistleblowers and some of them are here today too.

01:25:23 How bravely they came forward.

01:25:27 Some after years of

01:25:30 fearing retaliation and

01:25:33 being abandoned and

01:25:36 traumatized. And

01:25:39 the loss was not only to them of a career in the Coast Guard, it was

01:25:43 also a loss to the Coast Guard and the country.

01:25:47 They were separated from the Coast Guard. In many, many instances the perpetrators

01:25:54 continued in their careers,

01:25:58 they assumed positions of command, and

01:26:01 they were in no way disciplined.

01:26:06 So I want a commitment from you that the action that you're promising

01:26:11 will be more than just words or rhetoric, that you will

01:26:14 take whatever disciplinary action is appropriate as soon as possible

01:26:19 against those perpetrators.

01:26:22 I am committed to creating accountability and taking action as that information comes forward.

01:26:28 Well, I want to thank you for

01:26:34 being with us today. I don't know whether you have

01:26:37 anything more you'd like to say. I think the victims and survivors might

01:26:43 be interested in what you have to say to them. Have you met with them?

01:26:47 I've met with many victims and again, I am profoundly sorry for the pain and suffering that they

01:26:54 experienced as a result of sexual assault in the Coast Guard.

01:26:58 My intent is to create a culture that is

01:27:04 intolerant of

01:27:05 assault, harassment, hazing, bullying,

01:27:08 retaliation, retribution. I want to stop creating victims. For the victims that we do have in the organization,

01:27:15 I am a hundred percent committed to fully

01:27:18 supporting them and their needs and ensuring that we continue to stand by them as

01:27:25 they experience their pain.

01:27:27 Well, in order to fulfill that intention,

01:27:31 I think this hearing and our investigation has shown that

01:27:35 many more specific actions are going to be necessary, both in disclosing

01:27:42 documents and other evidence and

01:27:46 facts to the public and to this committee, to taking stronger action against retaliation, to

01:27:54 implementing all of those 33

01:27:57 recommendations and

01:28:00 I

01:28:01 will accept more information from you about which ones that you have completed.

01:28:07 A number of other actions that I think are appropriate and necessary and

01:28:13 I don't mean to tell you how to do your job.

01:28:16 You're far more qualified than I am and I don't mean to sound presumptuous, but this committee is investigating

01:28:24 for a

01:28:27 very immediate and an urgent reason, which is that

01:28:31 this problem is not one of the past. It is

01:28:36 real and present. It is persistent and unacceptably

01:28:41 prevalent and the evidence is not my voice. It's the voices and faces of the whistleblowers.

01:28:47 Dozens of them who have come forward,

01:28:50 not in the period

01:28:53 1980 to 2006, but in

01:28:57 2024 and

01:28:59 I think that they are the most powerful evidence.

01:29:03 In fact, they are

01:29:07 in my view, heroes in this story and I will just add there are

01:29:14 truly courageous and honorable

01:29:17 people serving the Coast Guard and they should be

01:29:21 celebrated. Every member of the Coast Guard deserves our thanks and appreciation and I express it whenever I encounter

01:29:29 anyone serving in the Coast Guard and in our military in general. I

01:29:33 have just come back from Normandy

01:29:35 literally a day ago

01:29:39 where I was part of the commemoration of D-Day, the 80th anniversary and spoke to veterans, walked through the American

01:29:46 Cemetery,

01:29:49 as well as Omaha Beach where men gave their lives. They were kids. They were

01:29:56 boys 17 and 18 years old who had never left their homes before. They jumped off a

01:30:05 landing

01:30:09 barge into eight feet of water

01:30:12 under a hail of machine gun bullets, mortar fire.

01:30:18 80% of them perished in the first wave, 80% in the second wave. They had to run on

01:30:23 Omaha Beach a length three football fields long.

01:30:28 Members of our military

01:30:31 raised their right hand to perform those kinds of acts if

01:30:36 necessary. Every member of the Coast Guard does and I immensely respect

01:30:41 their continuing service.

01:30:46 What I want to see and I know you do too is a Coast Guard that is worthy of that service and

01:30:51 sacrifice.

01:30:54 What the Coast Guard

01:30:57 needs to do now I think is respond to what it's heard with real action as well as

01:31:04 compassion and honesty and when a Coast Guard

01:31:08 member of the Academy or

01:31:12 anyone in the fleet needs help they

01:31:16 should be given it and they should be given the credibility that they deserve when they make complaints.

01:31:22 So

01:31:25 we will be watching. We will be issuing a preliminary report. I hope

01:31:29 that report will include the benefit of those documents that have been withheld and

01:31:34 we're gonna hold this record open for

01:31:40 15 days for submission of statements or questions from the record.

01:31:45 From my colleagues and hope you will respond to them.

01:31:49 Thank you very much with that this hearing is adjourned.

01:31:53 You

01:31:55 You

01:31:57 You

01:31:59 You

01:32:01 You

01:32:03 You

01:32:05 [BLANK_AUDIO]

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