CHAPTER 19 —COAST GUARD ACADEMY
SUBCHAPTER I—ADMINISTRATION
SUBCHAPTER II—CADETS
SUBCHAPTER III—FACULTY
Editorial Notes
Prior Provisions
A prior
Amendments
2018—
SUBCHAPTER I—ADMINISTRATION
Editorial Notes
Amendments
2018—
§1901. Administration of Academy
The immediate government and military command of the Coast Guard Academy shall be in the Superintendent of the Academy, subject to the direction of the Commandant under the general supervision of the Secretary. The Commandant may select a superintendent from the active list of the Coast Guard who shall serve in the pleasure of the Commandant.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
This section does not change the present method of administration of the Academy. It makes statutory what has been administrative regulation heretofore, and it is believed highly desirable to make the control of an institution of such national interest as the Academy the subject of a statute.
This section is new. There is no provision in existing law which establishes the Academy and sets it up as an operating unit. Nor is there any provision which creates the office of Superintendent of the Academy, or prescribes his duties and functions. Heretofore this has been accomplished by regulations, and the laws which deal with the Academy assume its existence as a going institution and assume the existence of the Superintendent with certain defined functions and duties. This section continues the Academy as previously established, provides for the appointment of the Superintendent by the Commandant, and defines in general terms his functions. The Academy would thus be placed on a definite statutory basis, and the office of Superintendent would be a statutory position, but the present administration of the Academy would in no way be interfered with. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
§1902. Policy on sexual harassment and sexual violence
(a)
(b)
(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.
(2) Information about how the Coast Guard and the Academy will protect the confidentiality of victims of sexual harassment or sexual violence, including how any records, statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized.
(3) Procedures that cadets and other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual violence, including—
(A) if the victim chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and options for confidential reporting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the confidentiality of victims;
(B) a specification of any other person whom the victim should contact; and
(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.
(4) Procedures for disciplinary action in cases of criminal sexual assault involving a cadet or other Academy personnel.
(5) Sanctions authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel, including with respect to rape, acquaintance rape, or other criminal sexual offense, whether forcible or nonforcible.
(6) Required training on the policy for all cadets and other Academy personnel who process allegations of sexual harassment or sexual violence involving a cadet or other Academy personnel.
(c)
(1)
(2)
(A) to measure—
(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to an official of the Academy; and
(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to an official of the Academy; and
(B) to assess the perceptions of the cadets and other Academy personnel with respect to—
(i) the Academy's policies, training, and procedures on sexual harassment and sexual violence involving cadets or other Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and sexual violence involving cadets or other Academy personnel; and
(iv) any other issues relating to sexual harassment and sexual violence involving cadets or other Academy personnel.
(d)
(1)
(2)
(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the Academy program year and, of those reported cases, the number that have been substantiated.
(B) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.
(3)
(4)
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(5)
(A)
(B)
(e)
(Added
Editorial Notes
Amendments
2018—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Coast Guard Academy
§1903. Annual Board of Visitors
(a)
(b)
(1)
(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 Representatives designated by the Speaker of the House of Representatives.
(E) 6 individuals designated by the President.
(2)
(A)
(B)
(3)
(c)
(1)
(2)
(d)
(1) the state of morale and discipline;
(2) the curriculum;
(3) instruction;
(4) physical equipment;
(5) fiscal affairs; and
(6) other matters relating to the Academy that the Board determines appropriate.
(e)
(f)
(g)
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15h (Apr. 16, 1937, ch. 107, §7,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
2014—
2002—Subsec. (b)(2), (5).
1990—
"(a) In addition to the Advisory Committee, there shall be appointed in January of each year a Board of Visitors to the Academy, consisting of two Senators and three members of the House of Representatives, appointed by the chairmen of the committees of the Senate and House of Representatives, respectively, having cognizance of legislation pertaining to the Academy, the chairmen of said committees being ex officio members of the Board, and of one Senator and two members of the House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives, respectively. Whenever a member or an ex officio member is unable to attend the annual meeting as provided in this section another member may be appointed in his stead in the manner as herein provided but without restriction as to month of appointment.
"(b) Such Board shall visit the Academy annually on a date to be fixed by the Secretary. Each member of the Board shall be reimbursed from Coast Guard appropriations under Government travel regulations for the actual expense incurred by him while engaged in duties as a member of such Board, or such actual expenses as permitted under such regulations shall be defrayed by the Coast Guard."
§1904. Participation in Federal, State, or other educational research grants
(a)
(1) No award may be accepted for the acquisition or construction of facilities.
(2) No award may be accepted for the routine functions of the Academy.
(b)
(1)
(A) enter into a contract, cooperative agreement, lease, or licensing agreement with a qualified organization;
(B) allow a qualified organization to use, at no cost, personal property of the Coast Guard; and
(C) notwithstanding section 504, accept funds, supplies, and services from a qualified organization.
(2)
(3)
(A) reflect unfavorably on the ability of the Coast Guard, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program.
(4)
(5)
(A) described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and
(B) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting academic research and applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy.
(Added
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (b)(5)(A), is classified generally to Title 26, Internal Revenue Code.
Amendments
2018—
Subsec. (b)(1).
Subsec. (b)(1)(C).
2016—
SUBCHAPTER II—CADETS
Editorial Notes
Amendments
2018—
§1921. Corps of Cadets authorized strength
The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred.
(Added
§1922. Appointments
Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. In the administration of this section, the Secretary shall take such action as may be necessary and appropriate to insure 1 that female individuals shall be eligible for appointment and admission to the Coast Guard Academy, and that the relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.
(Added
1 So in original. Probably should be "ensure".
§1923. Admission of foreign nationals for instruction; restrictions; conditions
(a) A foreign national may not receive instruction at the Academy except as authorized by this section.
(b) The President may designate not more than 36 foreign nationals whom the Secretary may permit to receive instruction at the Academy.
(c) A foreign national receiving instruction under this section is entitled to the same pay, allowances, and emoluments, to be paid from the same appropriations, as a cadet appointed pursuant to
(d) A foreign national receiving instruction under this section is—
(1) not entitled to any appointment in the Coast Guard by reason of his graduation from the Academy; and
(2) subject to those regulations applicable to the Academy governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, except as may otherwise be prescribed by the Secretary.
(Added
Editorial Notes
Amendments
2018—
Subsec. (c).
2012—Subsec. (c).
Subsec. (d).
1976—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
§1924. Conduct
The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be subject to rules governing discipline prescribed by the Commandant.
(Added
§1925. Agreement
(a) Each cadet shall sign an agreement with respect to the cadet's length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following:
(1) That the cadet will complete the course of instruction at the Coast Guard Academy.
(2) That upon graduation from the Coast Guard Academy the cadet—
(A) will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and
(B) will serve on active duty for at least five years immediately after such appointment.
(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet—
(A) will accept an appointment as a commissioned officer in the Coast Guard Reserve; and
(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet.
(b)(1) The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to
(2) A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.
(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Coast Guard Academy and accept an appointment as a commissioned officer upon graduation from the Coast Guard Academy.
(c) The Secretary shall prescribe regulations to carry out this section. Those regulations shall include—
(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);
(2) procedures for determining whether such a breach has occurred; and
(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).
(d) In this section, "commissioned service obligation", with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment.
(e)(1) This section does not apply to a cadet who is not a citizen or national of the United States.
(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of the parent or guardian.
(f) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of
(Added
§1926. Cadet applicants; preappointment travel to Academy
The Secretary is authorized to expend appropriated funds for selective preappointment travel to the Academy for orientation visits of cadet applicants.
(Added
Editorial Notes
Amendments
2018—
§1927. Cadets; initial clothing allowance
The Secretary may prescribe a sum which shall be credited to each new cadet upon first admission to the Academy, to cover the cost of his initial clothing and equipment issue, which sum shall be deducted subsequently from his pay. Each cadet discharged prior to graduation who is indebted to the United States on account of advances of pay to purchase required clothing and equipment shall be required to turn in to the Academy all clothing and equipment of a distinctively military nature to the extent required to discharge such indebtedness; and, if the value of such clothing and equipment so turned in does not cover the indebtedness incurred, then such indebtedness shall be canceled.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15 (June 23, 1906, ch. 3520, §2,
Said section has been divided. That part dealing with clothing allowance for cadets is placed in this section and the other parts are incorporated in
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1951—Act Aug. 22, 1951, substituted provision that the Secretary may prescribe the sum to be credited for the former prescribed sum of $250, and inserted second sentence.
§1928. Cadets; degree of bachelor of science
The Superintendent of the Academy may, under such rules and regulations as the Secretary shall prescribe, confer the degree of bachelor of science upon all graduates of the Academy and may, in addition, confer the degree of bachelor of science upon such other living graduates of the Academy as shall have met the requirements of the Academy for such degree.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15a (May 25, 1933, ch. 37,
Changes in phraseology were made inasmuch as the Academy is now accredited by the Association of American Universities. It was not so accredited when the section was enacted.
Inasmuch as the acts cited above apply equally to the Military Academy and the Naval Academy, as well as the Coast Guard Academy, they are not scheduled for repeal but are being amended by section 13 of this act to eliminate reference to the Coast Guard. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
§1929. Cadets; appointment as ensign
The President may, by and with the advice and consent of the Senate, appoint as ensigns in the Coast Guard all cadets who shall graduate from the Academy. Ensigns so commissioned on the same date shall take rank according to their proficiency as shown by the order of their merit at date of graduation.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15a–1 (May 25, 1943, ch. 99,
Said section has been divided. The proviso is incorporated in
The last sentence of this section is new as a statute; it makes statutory what has been the practice of years, and is similar to the third sentence of title 34, U.S.C., 1946 ed., §1057, applicable to graduates of the Naval Academy. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
§1930. Cadets: charges and fees for attendance; limitation
(a)
(b)
(Added
Editorial Notes
Amendments
2018—
2014—Subsec. (b).
SUBCHAPTER III—FACULTY
Editorial Notes
Amendments
2018—
§1941. Civilian teaching staff
(a) The Secretary may appoint in the Coast Guard such number of civilian faculty members at the Academy as the needs of the Service may require. They shall have such titles and perform duties as prescribed by the Secretary. Leaves of absence and hours of work for civilian faculty members shall be governed by regulations promulgated by the Secretary, without regard to the provisions of title 5.
(b) The compensation of persons employed under this section is as prescribed by the Secretary.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15d (Apr. 16, 1937, ch. 107, §3,
The last sentence is new and is inserted to permit adjustment of the work load and leave schedule of Academy faculty members due to the peculiarity of the academic schedule.
The last sentence of this section is new, being included in order to allow for adjusting the working time and leave of civilian instructors in conformity with the academic terms at the Academy. The work load of an instructor varies greatly, and flexibility in administration of a faculty is therefore essential. The leave provided for civil service employees does not fit the needs of an instruction staff, and this has been a source of difficulty in the past. This new provision would permit leave during the summer and between academic terms without deduction from pay, and, it is contemplated, at no other time.
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1976—Subsec. (a).
1966—Subsec. (a).
Subsec. (b).
1960—
1954—Act Sept. 3, 1954, substituted "Classification Act of 1949" for "Classification Act of 1923" and "section 84,
§1942. Permanent commissioned teaching staff; composition
The permanent commissioned teaching staff at the Academy shall consist of professors, associate professors, assistant professors and instructors, in such numbers as the needs of the Service require. They shall perform duties as prescribed by the Commandant, and exercise command only in the academic department of the Academy.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §§15b, 15c (Apr. 16, 1937, ch. 107, §§1, 2,
The composition of the teaching staff at the Academy is changed materially on the recommendation of the Academic Board and the Advisory Committee. The scope of duty of members of the staff is enlarged to include whatever the Commandant prescribes.
Title 14, U.S.C., 1946 ed., §15b provides for five professors as heads or assistant heads of departments at the Academy. The Academic Board of the Academy and the Advisory Committee, after extensive study have recommended the change, as provided in this section, to three professors and twelve others on the permanent teaching staff, with designations to conform generally with the designations and grades of faculty members at other universities. The librarian is given faculty status because of the role of the library as the center of the modern university; this is in conformity with the practice of other higher educational institutions. It is believed that the increased number of permanent commissioned instructors is justified and desirable in view of the expansion of the Cadet Corps as the full effect of the return to a four-year course is felt. It is probable that, in the next few years, the number of cadets will approximate 450. The average number in the past two years has been about 300. This new set-up for the permanent commissioned teaching staff will permit desirable exchanges of professors with leading universities, and occasional sabbatical leaves in order to better the faculty generally. It is pointed out that this increase in permanent instructors does not increase the authorized number of officers in the Coast Guard, as they are all included in the limitation provided in
Editorial Notes
Amendments
2018—
1960—
§1943. Appointment of permanent commissioned teaching staff
The President may appoint in the Coast Guard, by and with the advice and consent of the Senate, the professors, associate professors, assistant professors, and instructors who are to serve on the permanent commissioned teaching staff of the Academy. An original appointment to the permanent commissioned teaching staff, unless the appointee has served as a civilian member of the teaching staff, regular commissioned officer, temporary commissioned officer, or reserve commissioned officer in the Coast Guard, shall be a temporary appointment until the appointee has satisfactorily completed a probationary term of four years of service; thereafter he may be regularly appointed and his rank shall date from the date of his temporary appointment in the grade in which permanently appointed.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15b (Apr. 16, 1937, ch. 107, §1,
Said section has been divided. That part of the first sentence which provides for the composition of the teaching staff is incorporated in
This section incorporates the following changes because of the new plan for the permanent teaching staff: the President is authorized to appoint a candidate to any of the grades prescribed; and the probationary term, applicable unless the candidate has served in the Coast Guard as prescribed in this section, is increased from two to four years. Authorization for appointment in any grade is deemed desirable in order to permit the acquisition of outstanding instructors for the staff. It is believed that the former two-year period was too short to fully evaluate the capabilities of a temporary appointee. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1976—
1960—
§1944. Grade of permanent commissioned teaching staff
Professors shall be commissioned officers with grade not above captain, associate and assistant professors with grade not above commander, and instructors with grade not above lieutenant commander. All officers of the permanent commissioned teaching staff shall receive the pay and allowances of other commissioned officers of the same grade and length of service. When any such professor, associate professor, assistant professor, or instructor is appointed or commissioned with grade less than the highest grade permitted, he shall be promoted under regulations prescribed by the Secretary.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15c (Apr. 16, 1937, ch. 107, §2,
Said section has been divided. The last sentence is incorporated in
The limitation on grade of professors is raised from Commander to Captain, and other limitations as to grades within the new permanent commissioned teaching staff are established.
This section prescribes the relative ranks for the various grades in the permanent commissioned teaching staff, establishes the pay as heretofore, and provides for promotion as the Secretary shall prescribe. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1960—
§1945. Retirement of permanent commissioned teaching staff
Professors, associate professors, assistant professors, and instructors in the Coast Guard shall be subject to retirement or discharge from active service for any cause on the same basis as other commissioned officers of the Coast Guard, except that they shall not be required to retire from active service under the provisions of
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15f (Apr. 16, 1937, ch. 107, §5,
The provision prohibiting the retirement of a professor because of physical disability with less than 15 years' service is changed to have application only during the temporary appointment of a professor.
This section provides for the retirement of associate professors, assistant professors, and commissioned instructors in addition to professors. It is believed that the provision of existing law requiring 15 years' service before becoming eligible for retirement, discriminated against this group of officers as no other group was discriminated against, and should be eliminated. It was changed so that these officers would be ineligible for retirement during their probationary term only.
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1970—
1966—
1963—
1960—
§1946. Credit for service as member of civilian teaching staff
Service as a member of the civilian teaching staff at the Academy in addition to creditable services authorized by any other law in any of the military services rendered prior to an appointment as professor, associate professor, assistant professor, or instructor shall be credited in computing length of service as a professor, associate professor, assistant professor, or instructor for purposes of pay and allowances.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15e (Apr. 16, 1937, ch. 107, §4,
Changes in phraseology were made in order to adapt the section to the new structure of the permanent commissioned teaching staff. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1960—
§1947. Assignment of personnel as instructors
The Commandant may assign any member to appropriate instruction duty at the Academy.
(Aug. 4, 1949, ch. 393,
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §15i (Apr. 16, 1937, ch. 107, §8,
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—
1984—
§1948. Marine safety curriculum
The Commandant shall ensure that professional courses of study in marine safety are provided at the Coast Guard Academy, and during other officer accession programs, to give Coast Guard cadets and other officer candidates a background and understanding of the marine safety program. These courses may include such topics as program history, vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulations.
(Added
Editorial Notes
Amendments
2018—
2010—