SUBCHAPTER I—ADMINISTRATION

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §110(c)(1)(A), Dec. 4, 2018, 132 Stat. 4213, inserted subchapter I designation and heading.

§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, 63 Stat. 508, §181; renumbered §1901, Pub. L. 115–282, title I, §110(b), Dec. 4, 2018, 132 Stat. 4212.)

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—Pub. L. 115–282 renumbered section 181 of this title as this section.

§1902. Policy on sexual harassment and sexual violence

(a) Required Policy.—The Commandant shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.

(b) Matters To Be Specified in Policy.—The policy on sexual harassment and sexual violence under this section shall include specification of the following:

(1) Programs to promote awareness of the 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) Assessment.—

(1) In general.—The Commandant shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to sexual harassment and sexual violence involving cadets or other Academy personnel.

(2) Biennial survey.—For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other Academy personnel—

(A) to measure—

(i) the incidence, during that program year, of sexual harassment and sexual 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) Report.—

(1) In general.—The Commandant shall direct the Superintendent to submit to the Commandant a report on sexual harassment and sexual violence involving cadets or other Academy personnel for each Academy program year.

(2) Report specifications.—Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:

(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been 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) Biennial survey.—Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that Academy program year under subsection (c)(2).

(4) Transmission of report.—The Commandant shall transmit each report received by the Commandant under this subsection, together with the Commandant's comments on the report, to—

(A) the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Transportation and Infrastructure of the House of Representatives.

(5) Focus groups.—

(A) In general.—For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at the Academy.

(B) Inclusion in reports.—Information derived from a focus group under subparagraph (A) shall be included in the next transmitted Commandant's report under this subsection.

(e) Victim Confidentiality.—To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.

(Added Pub. L. 112–213, title II, §205(a), Dec. 20, 2012, 126 Stat. 1543, §200; amended Pub. L. 115–232, div. C, title XXXV, §3531(c)(9), Aug. 13, 2018, 132 Stat. 2320; renumbered §1902, Pub. L. 115–282, title I, §110(b), Dec. 4, 2018, 132 Stat. 4212.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 200 of this title as this section.

Subsec. (a). Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard".

Statutory Notes and Related Subsidiaries

Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Coast Guard Academy

Pub. L. 113–291, div. A, title V, §552(b), Dec. 19, 2014, 128 Stat. 3377, provided that: "The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [§§531–547 of title V of div. A of Pub. L. 113–291; see Tables for classification], including amendments made by such subtitle, apply to the Coast Guard Academy."

§1903. Annual Board of Visitors

(a) In General.—A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy.

(b) Membership.—

(1) In general.—The membership of the Board shall consist of the following:

(A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman's designee.

(B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairman's designee.

(C) 3 Members of the Senate designated by the Vice President.

(D) 4 Members of the House of Representatives designated by the Speaker of the House of Representatives.

(E) 6 individuals designated by the President.

(2) Length of service.—

(A) Members of congress.—A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the Board shall be designated as a member in the First Session of a Congress and serve for the duration of that Congress.

(B) Individuals designated by the president.—Each individual designated by the President under subparagraph (E) of paragraph (1) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed.

(3) Death or resignation of a member.—If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member.

(c) Academy Visits.—

(1) Annual visit.—The Board shall visit the Academy annually to review the operation of the Academy.

(2) Additional visits.—With the approval of the Secretary, the Board or individual members of the Board may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy.

(d) Scope of Review.—The Board shall review, with respect to the Academy—

(1) the state of morale and discipline;

(2) the curriculum;

(3) instruction;

(4) physical equipment;

(5) fiscal affairs; and

(6) other matters relating to the Academy that the Board determines appropriate.

(e) Report.—Not later than 60 days after the date of an annual visit of the Board under subsection (c)(1), the Board shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions of the Board during such visit and the recommendations of the Board pertaining to the Academy.

(f) Advisors.—If approved by the Secretary, the Board may consult with advisors in carrying out this section.

(g) Reimbursement.—Each member of the Board and each adviser consulted by the Board under subsection (f) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or adviser.

(Aug. 4, 1949, ch. 393, 63 Stat. 510, §194; Pub. L. 101–595, title III, §304, Nov. 16, 1990, 104 Stat. 2984; Pub. L. 107–295, title IV, §408(a)(1), Nov. 25, 2002, 116 Stat. 2117; Pub. L. 113–281, title II, §211, Dec. 18, 2014, 128 Stat. 3027; renumbered §1903, Pub. L. 115–282, title I, §110(b), Dec. 4, 2018, 132 Stat. 4212.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §15h (Apr. 16, 1937, ch. 107, §7, 50 Stat. 67; July 15, 1939, ch. 288, 53 Stat. 1044).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 194 of this title as this section.

2014—Pub. L. 113–281 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to establishment and composition of Board of Visitors, designation of Members, absence of a Member or ex officio Member from an annual meeting, and annual visit to the Academy.

2002—Subsec. (b)(2), (5). Pub. L. 107–295 substituted "Transportation and Infrastructure" for "Merchant Marine and Fisheries".

1990—Pub. L. 101–595 amended section generally. Prior to amendment, section read as follows:

"(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) In General.—Notwithstanding any other provision of law, the United States Coast Guard Academy may compete for and accept Federal, State, or other educational research grants, subject to the following limitations:

(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) Qualified Organizations.—

(1) In general.—The Commandant may—

(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) Sole-source basis.—Notwithstanding chapter 65 of title 31 and chapter 137 of title 10, the Commandant may enter into a contract or cooperative agreement under paragraph (1)(A) on a sole-source basis.

(3) Maintaining fairness, objectivity, and integrity.—The Commandant shall ensure that contributions under this subsection do not—

(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) Limitation.—For purposes of this subsection, employees or personnel of a qualified organization shall not be employees of the United States.

(5) Qualified organization defined.—In this subsection the term "qualified organization" means an organization—

(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 Pub. L. 103–206, title III, §305(a), Dec. 20, 1993, 107 Stat. 2424, §196; amended Pub. L. 114–120, title II, §218, Feb. 8, 2016, 130 Stat. 47; Pub. L. 115–232, div. C, title XXXV, §3531(c)(10), Aug. 13, 2018, 132 Stat. 2320; renumbered §1904 and amended Pub. L. 115–282, title I, §§110(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4212, 4240.)

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—Pub. L. 115–282, §110(b), renumbered section 196 of this title as this section.

Subsec. (b)(1). Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard" in introductory provisions.

Subsec. (b)(1)(C). Pub. L. 115–282, §123(b)(2), substituted "section 504" for "section 93".

2016—Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).