§ 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.

§ 1902. Policy on sexual harassment and sexual violence

• (a) 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) 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)
  • (1) 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) 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)
  • (1) 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) 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) 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) 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)
    • (A) 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) Information derived from a focus group under subparagraph (A) shall be included in the next transmitted Commandant’s report under this subsection.
• (e) 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.

§ 1903. Annual Board of Visitors

• (a) A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy.
• (b)
  • (1) 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)
    • (A) 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) 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) 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)
  • (1) The Board shall visit the Academy annually to review the operation of the Academy.
  • (2) 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) 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) 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) If approved by the Secretary, the Board may consult with advisors in carrying out this section.
• (g) 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.

§ 1904. Participation in Federal, State, or other educational research grants

• (a) 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)
  • (1) 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) 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) 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) For purposes of this subsection, employees or personnel of a qualified organization shall not be employees of the United States.
  • (5) 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.

§ 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.

§ 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 1 So in original. Probably should be “ensure”. 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.

§ 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 section 1922 of this title . A foreign national may receive instruction under this section only if his country agrees in advance to reimburse the United States, at a rate determined by the Secretary, for the cost of providing such instruction, including pay, allowances, and emoluments, unless a waiver therefrom has been granted to that country by the Secretary. Funds received by the Secretary for this purpose shall be credited to the appropriations bearing the cost thereof, and may be apportioned between fiscal years.
• (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.

§ 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.

§ 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 section 651(a) of title 10 .
  • (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 section 303a(e) of title 37 .

§ 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.

§ 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.

§ 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.

§ 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.

§ 1930. Cadets: charges and fees for attendance; limitation

• (a) Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994 .
• (b) The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994 . The Secretary shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 section 2149 of this title , nor shall they be subject to the provisions of section 2150 of this title , nor shall they be required to retire at age sixty-two but may be permitted to serve until age sixty-four at which time unless earlier retired or separated they shall be retired. The Secretary may retire any member of the permanent commissioned teaching staff who has completed thirty years’ active service. Service as a civilian member of the teaching staff at the Academy in addition to creditable service authorized by any other law in any of the military services rendered prior to an appointment as a professor, associate professor, assistant professor, or instructor shall be credited in computing length of service for retirement purposes. The provisions of law relating to retirement for disability in line of duty shall not apply in the case of a professor, associate professor, assistant professor, or instructor serving under a temporary appointment.

§ 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.

§ 1947. Assignment of personnel as instructors

The Commandant may assign any member to appropriate instruction duty at the Academy.

§ 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.