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—