US (United States) Code. Title 14. Part I. Chapter 9: Coast Guard Academy

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Coast Guard

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-CITE-

14 USC CHAPTER 9 - COAST GUARD ACADEMY 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

.

-HEAD-

CHAPTER 9 - COAST GUARD ACADEMY

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Sec.

181. Administration of Academy.

181a. Cadet applicants; preappointment travel to Academy.

182. Cadets; number, appointment, obligation to serve.

183. Cadets; initial clothing allowance.

184. Cadets; degree of bachelor of science.

185. Cadets; appointment as ensign.

186. Civilian teaching staff.

187. Permanent commissioned teaching staff; composition.

188. Appointment of permanent commissioned teaching staff.

189. Grade of permanent commissioned teaching staff.

190. Retirement of permanent commissioned teaching staff.

191. Credit for service as member of civilian teaching staff.

192. Assignment of personnel as instructors.

193. Advisory Committee.

194. Annual Board of Visitors.

195. Admission of foreign nationals for instruction; restrictions;

conditions.

196. Participation in Federal, State, or other educational research

grants.

AMENDMENTS

1993 - Pub. L. 103-206, title III, Sec. 305(b), Dec. 20, 1993,

107 Stat. 2425, added item 196.

1984 - Pub. L. 98-557, Sec. 24(b), Oct. 30, 1984, 98 Stat. 2872,

added item 181a.

1982 - Pub. L. 97-295, Sec. 2(7)(A), Oct. 12, 1982, 96 Stat.

1301, substituted ''Civilian teaching staff'' for ''Civilian

instructors'' in item 186.

Pub. L. 97-295, Sec. 2(7)(B), Oct. 12, 1982, 96 Stat. 1301,

substituted ''foreign nationals'' for ''foreigners'' in item 195.

1970 - Pub. L. 91-278, Sec. 1(7), June 12, 1970, 84 Stat. 305,

added item 195.

1960 - Pub. L. 86-474, Sec. 1(15), May 14, 1960, 74 Stat. 146,

substituted ''member of civilian teaching staff'' for ''civilian

instructor'' in item 191.

-CITE-

14 USC Sec. 181 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 181. Administration of Academy

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 508.)

-MISC1-

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.

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14 USC Sec. 181a 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 181a. Cadet applicants; preappointment travel to Academy

-STATUTE-

The Secretary is authorized to expend appropriated funds for

selective preappointment travel to the Academy for orientation

visits of cadet applicants.

-SOURCE-

(Added Pub. L. 98-557, Sec. 24(a), Oct. 30, 1984, 98 Stat. 2872.)

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14 USC Sec. 182 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 182. Cadets; number, appointment, obligation to serve

-STATUTE-

(a) 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. 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. All such appointments shall be made

without regard to the sex, race, color, or religious beliefs of an

applicant. In the administration of this chapter, the Secretary

shall take such action as may be necessary and appropriate to

insure 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. 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.

(b) 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.

(c)(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 (b). 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 (b) 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.

(d) 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 (c), a breach of an agreement under subsection (b);

(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

(c).

(e) 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.

(f)(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

(b) only with the consent of the parent or guardian.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 508; Pub. L. 88-276, Sec. 5(b),

Mar. 3, 1964, 78 Stat. 153; Pub. L. 89-444, Sec. 1(8), June 9,

1966, 80 Stat. 195; Pub. L. 91-278, Sec. 1(4), June 12, 1970, 84

Stat. 304; Pub. L. 94-572, Sec. 1, Oct. 21, 1976, 90 Stat. 2708;

Pub. L. 97-295, Sec. 2(8), Oct. 12, 1982, 96 Stat. 1302; Pub. L.

100-448, Sec. 12, Sept. 28, 1988, 102 Stat. 1843.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on the proviso under the heading ''Revenue Cutter Service''

of act Feb. 25, 1903, ch. 755, 32 Stat. 869, and on title 14,

U.S.C., 1946 ed., Sec. 15, 15a-1, 25 (June 23, 1906, ch. 3520, Sec.

2, 34 Stat. 452; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800; July

3, 1926, ch. 742, Sec. 6, 44 Stat. 816; July 30, 1937, ch. 545,

Sec. 5, 50 Stat. 549; May 25, 1943, ch. 99, 57 Stat. 84).

Section 15 of title 14, U.S.C., 1946 ed., has been divided. That

part dealing with clothing allowance for cadets is placed in

section 183 of this title and the other parts are incorporated with

the proviso of title 14, U.S.C., 1946 ed., Sec. 15a-1 to form this

section.

Section 15a-1 of title 14, U.S.C., 1946 ed., has been divided.

That part dealing with the appointment of cadets to the grade of

ensign is placed in section 185 of this title, and the proviso is

placed in this section.

The length of term of service as a cadet prior to graduation is

added to the list of matters specifically determined by the

Secretary.

The period of required service after graduation is increased from

3 to 4 years, to attain uniformity with the other service

academies. 81st Congress, House Report No. 557.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-448, Sec. 12(1), struck out

before last sentence ''Previous to his admission each cadet shall

obligate himself, in such manner as the Secretary shall prescribe,

to complete the course of instruction at the Coast Guard Academy

and to serve at least five years as an officer in the Coast Guard

after graduation, if his service be so long required.''

Subsecs. (b) to (f). Pub. L. 100-448, Sec. 12(2), added subsecs.

(b) to (f) and struck out former subsec. (b) which read as follows:

''A cadet who does not fulfill his obligation to complete the

course of instruction or refuses to accept an appointment as an

officer in the Coast Guard may be transferred by the Secretary to

the Coast Guard Reserve in an appropriate enlisted grade or rating,

and, notwithstanding section 651 of title 10, may be ordered to

active duty to serve in that grade or rating for such period of

time as the Secretary prescribes, but not for more than four

years.''

1982 - Subsec. (b). Pub. L. 97-295 struck out ''United States

Code,'' after ''title 10,''.

1976 - Subsec. (a). Pub. L. 94-572 inserted provisions for

nondiscriminatory appointment of cadets to the Coast Guard Academy.

1970 - Pub. L. 91-278 substituted ''six hundred'' for ''four

hundred'' in first sentence, required each cadet to obligate

himself to complete the course of instruction at the Academy,

designated existing provisions as subsec. (a), and added subsec.

(b).

1966 - Pub. L. 89-444 substituted ''four hundred'' for ''three

hundred'' in first sentence.

1964 - Pub. L. 88-276 substituted ''five'' for ''four'' in fourth

sentence.

EFFECTIVE DATE OF 1964 AMENDMENT; OBLIGATED PERIOD OF SERVICE

Amendment by Pub. L. 88-276 effective only with respect to cadets

and midshipmen appointed to the service academies and the Coast

Guard Academy after Mar. 3, 1964, see section 5(c) of Pub. L.

88-276, set out as a note under section 4348 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 195 of this title.

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14 USC Sec. 183 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 183. Cadets; initial clothing allowance

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 508; Aug. 22, 1951, ch. 340, Sec.

3, 65 Stat. 196.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15 (June 23, 1906, ch.

3520, Sec. 2, 34 Stat. 452; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat.

800; July 3, 1926, ch. 742, Sec. 6, 44 Stat. 816; July 30, 1937,

ch. 545, Sec. 5, 50 Stat. 549).

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 section 182 of this title.

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

557.

AMENDMENTS

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.

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14 USC Sec. 184 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 184. Cadets; degree of bachelor of science

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 508.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15a (May 25, 1933, ch.

37, 48 Stat. 73; July 8, 1937, ch. 447, 50 Stat. 477; Aug. 9, 1946,

ch. 928, 60 Stat. 961).

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.

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14 USC Sec. 185 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 185. Cadets; appointment as ensign

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 508.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15a-1 (May 25, 1943,

ch. 99, 57 Stat. 84).

Said section has been divided. The proviso is incorporated in

section 182 of this title. The other part is incorporated in this

section.

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., Sec. 1057,

applicable to graduates of the Naval Academy. 81st Congress, House

Report No. 557.

-CITE-

14 USC Sec. 186 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 186. Civilian teaching staff

-STATUTE-

(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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 509; Sept. 3, 1954, ch. 1263, Sec.

32, 68 Stat. 1238; Pub. L. 86-474, Sec. 1(9), May 14, 1960, 74

Stat. 145; Pub. L. 89-444, Sec. 1(9), June 9, 1966, 80 Stat. 195;

Pub. L. 94-546, Sec. 1(14), Oct. 18, 1976, 90 Stat. 2520.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15d (Apr. 16, 1937, ch.

107, Sec. 3, 50 Stat. 67; May 2, 1942, ch. 273, 56 Stat. 265).

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.

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-546 substituted ''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.'' for ''Leaves of absence and

hours of work for such personnel shall be governed by regulations

issued by the Secretary of the Treasury, without regard to section

84, chapter 18, subchapter IV of chapter 21, sections 1112, 1113,

and 1121-1125, and chapter 23, of title 5.''

1966 - Subsec. (a). Pub. L. 89-444, Sec. 1(9)(A), (B),

substituted ''faculty members'' for ''members of the teaching

staff'' and struck out provision that compensation of faculty

members be fixed in accordance with the Classification Act of 1949,

as amended, and designated existing provisions as so amended as

subsec. (a).

Subsec. (b). Pub. L. 89-444, Sec. 1(9)(C), added subsec. (b).

1960 - Pub. L. 86-474 substituted ''Coast Guard such number of

civilian members of the teaching staff at the Academy as the needs

of the Service may require'' for ''Coast Guard, subject to the

competitive provisions of the civil-service laws and regulations,

such number of civilian instructors as the needs of the Service

require, not to exceed eight'', and inserted provisions relating to

titles and duties of the civilian members of the teaching staff.

1954 - Act Sept. 3, 1954, substituted ''Classification Act of

1949'' for ''Classification Act of 1923'' and ''section 84, chapter

18, subchapter IV of chapter 21, sections 1112, 1113, and

1121-1125, and chapter 23, of title 5'' for ''sections 29a,

30b-30m, 84, 663, 667, 672a-673, and chapter 18 of title 5''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5102.

-CITE-

14 USC Sec. 187 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 187. Permanent commissioned teaching staff; composition

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 509; Pub. L. 86-474, Sec. 1(10),

May 14, 1960, 74 Stat. 145.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15b, 15c (Apr. 16,

1937, ch. 107, Sec. 1, 2, 50 Stat. 66; May 2, 1942, ch. 273, 56

Stat. 265).

Section 15b of title 14, U.S.C., 1946 ed., has been divided.

Part of the provisions of the first sentence is placed in this

section, while other provisions are placed in section 188 of this

title.

Section 15c of title 14, U.S.C., 1946 ed., has been divided. The

last sentence is incorporated in this section, while the other

provisions are placed in section 189 of this title.

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., Sec. 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 section 42 of this title. If a teaching position at

the Academy is not provided for permanently it will require the

assignment of an additional regular officer, so it is apparent that

the changes proposed in this section do not increase the size of

the Service, or the expense, but represent a long-range plan to

better the Academy as a leading educational institution within the

present, recognized, standards for a proper university faculty.

The last sentence retains the command status of the professors as

provided in existing law but enlarges the field in which they may

perform duty, in order to make it possible to give them interim

assignments other than at the Academy, thus broadening their

knowledge of the Service while still advantageously utilizing their

services. 81st Congress, House Report No. 557.

AMENDMENTS

1960 - Pub. L. 86-474 substituted ''shall consist of professors,

associate professors, assistant professors and instructors, in such

numbers as the needs of the Service require'' for ''shall consist

of not more than three professors who may serve as heads of

departments, and not more than twelve associate professors,

assistant professors, and commissioned instructors, one of whom

shall be the librarian''.

-CITE-

14 USC Sec. 188 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 188. Appointment of permanent commissioned teaching staff

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 509; Pub. L. 86-474, Sec. 1(11),

May 14, 1960, 74 Stat. 145; Pub. L. 94-546, Sec. 1(15), Oct. 18,

1976, 90 Stat. 2520.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15b (Apr. 16, 1937, ch.

107, Sec. 1, 50 Stat. 66; May 2, 1942, ch. 273, 56 Stat. 265).

Said section has been divided. That part of the first sentence

which provides for the composition of the teaching staff is

incorporated in section 187 of this title. The other provisions

are incorporated in this section, except for the proviso which has

been omitted as no longer needed.

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.

AMENDMENTS

1976 - Pub. L. 94-546 substituted ''grade in which permanently

appointed'' for ''rank in which permanently appointed''.

1960 - Pub. L. 86-474 substituted ''and instructors who are to

serve'' for ''and commissioned instructors who are to serve'', and

''civilian member of the teaching staff'' for ''civilian

instructor''.

-CITE-

14 USC Sec. 189 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 189. Grade of permanent commissioned teaching staff

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 509; Pub. L. 86-474, Sec. 1(12),

May 14, 1960, 74 Stat. 145.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15c (Apr. 16, 1937, ch.

107, Sec. 2, 50 Stat. 66).

Said section has been divided. The last sentence is incorporated

in section 187 of this title. The other provisions are

incorporated in this section.

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.

AMENDMENTS

1960 - Pub. L. 86-474 substituted ''and instructors with grade

not above'' for ''and commissioned instructors with grade not

above'', and ''assistant professor, or instructor'' for ''or

assistant professor''.

-CITE-

14 USC Sec. 190 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 190. Retirement of permanent commissioned teaching staff

-STATUTE-

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 288 of this title, nor shall they be subject

to the provisions of section 289 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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 509; Pub. L. 86-474, Sec. 1(13),

May 14, 1960, 74 Stat. 145; Pub. L. 88-130, Sec. 1(8), Sept. 24,

1963, 77 Stat. 175; Pub. L. 89-444, Sec. 1(10), June 9, 1966, 80

Stat. 196; Pub. L. 91-278, Sec. 1(5), June 12, 1970, 84 Stat. 304.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15f (Apr. 16, 1937, ch.

107, Sec. 5, 50 Stat. 67).

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.

AMENDMENTS

1970 - Pub. L. 91-278 permitted permanent teachers to retire at

sixty-four rather than at sixty-two unless earlier retired or

separated.

1966 - Pub. L. 89-444 authorized the Secretary to retire any

member of the permanent commissioned teaching staff who has

completed thirty years' active service.

1963 - Pub. L. 88-130 inserted ''or discharge'', excepted staff

members from retirement from active service under section 288 of

this title, and from the provisions of section 289 of this title,

and struck out ''permanent'' before ''commissioned officers''.

1960 - Pub. L. 86-474 substituted ''civilian member of the

teaching staff'' for ''civilian instructor or civilian librarian'',

and struck out ''commissioned'' in three places before

''instructors'' and ''instructor'', respectively.

-CITE-

14 USC Sec. 191 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 191. Credit for service as member of civilian teaching staff

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 510; Pub. L. 86-474, Sec. 1(14),

May 14, 1960, 74 Stat. 146.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15e (Apr. 16, 1937, ch.

107, Sec. 4, 50 Stat. 67).

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.

AMENDMENTS

1960 - Pub. L. 86-474 substituted ''member of civilian teaching

staff'' for ''civilian instructor'' in section catchline, and

''member of the civilian teaching staff'' for ''civilian instructor

or civilian librarian'' in text, and struck out ''commissioned''

before ''instructor'' in two places.

-CITE-

14 USC Sec. 192 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 192. Assignment of personnel as instructors

-STATUTE-

The Commandant may assign any member to appropriate instruction

duty at the Academy.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 510; Pub. L. 98-557, Sec.

15(a)(3)(H), Oct. 30, 1984, 98 Stat. 2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15i (Apr. 16, 1937, ch.

107, Sec. 8, 50 Stat. 67).

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

557.

AMENDMENTS

1984 - Pub. L. 98-557 substituted reference to member for

reference to commissioned officer, warrant officer, and enlisted

man.

-CITE-

14 USC Sec. 193 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 193. Advisory Committee

-STATUTE-

The Secretary may appoint an Advisory Committee to the Academy,

consisting of not more than seven persons of distinction in

education and other fields relating to the purposes of the Academy,

who shall serve without pay (or, in the case of a member of the

Committee who is an officer or employee of the United States, who

shall receive no additional pay on account of his service on the

Committee). Members of the Advisory Committee shall be appointed

for terms of not to exceed three years and may be reappointed. The

Secretary shall, in June of each year, appoint one of the members

to serve as chairman. The members so appointed shall visit the

Academy at least once during the academic year on the call of the

chairman and may convene once each year at Headquarters, at the

call of the Commandant, for the purpose of examining the course of

instruction and advising the Commandant relative thereto. Each

member of the Committee shall be reimbursed from Coast Guard

appropriations in conformity with the provisions of chapter 57 of

title 5. The Secretary shall, not less often than once a year,

publish notice in the Federal Register for solicitation of

nominations for membership on the Advisory Committee. The Advisory

Committee is authorized to make available to Congress any

information, advice, and recommendations which the Advisory

Committee is authorized to give to the Secretary or the Commandant.

The Committee terminates on September 30, 1994.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 510; Pub. L. 94-546, Sec. 1(16),

Oct. 18, 1976, 90 Stat. 2520; Pub. L. 97-322, title I, Sec. 118(b),

Oct. 15, 1982, 96 Stat. 1586; Pub. L. 100-448, Sec. 9, Sept. 28,

1988, 102 Stat. 1842; Pub. L. 102-241, Sec. 15, Dec. 19, 1991, 105

Stat. 2213.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15g (Apr. 16, 1937, ch.

107, Sec. 6, 50 Stat. 67).

Said section dealing with the Advisory Committee is changed to

increase the number of persons thereon to 7, the source from which

appointments could be made is broadened to include other than

educators, the term of appointment is fixed as 3 years, and

provision is made for the appointment of the chairman by the

Secretary.

This section changes existing law as follows: the field from

which appointment may be made is broadened, the limit of membership

is increased from five to seven, a provision for appointment of a

chairman by the Secretary is added, and the term of service is

established as three years. It is believed that the membership of

not to exceed seven will provide greater flexibility in view of the

new three year term of service, and will permit appointment of a

committee with wider interests. The fact that no term of service

has been provided for heretofore has been a source of confusion and

difficulty and some term should be specified. The existing law

provides for appointment from the field of education; this is

enlarged to include other fields relating to purposes of the

Academy, in order, primarily, to permit selection from shipping,

business, and industry. No provision has been made for selection

of a chairman heretofore, and this has caused some uncertainty in

the functioning of the Committee; annual appointment seems

desirable.

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

557.

AMENDMENTS

1991 - Pub. L. 102-241 substituted ''1994'' for ''1992''.

1988 - Pub. L. 100-448 inserted provision for termination of

Committee on Sept. 30, 1992.

1982 - Pub. L. 97-322 inserted parenthetical provision respecting

service of an officer or employee of the United States as a member

of the Committee without receipt of additional pay and inserted

provisions for publication in the Federal Register of notice for

solicitation of nominations for membership on the Advisory

Committee and for disclosures to Congress.

1976 - Pub. L. 94-546 substituted ''chairman'' for ''Chairman''

in fourth sentence and ''Each member of the Committee shall be

reimbursed from Coast Guard appropriations in conformity with the

provisions of chapter 57 of title 5.'' for ''Each member of the

Committee shall be reimbursed from Coast Guard appropriations in

conformity with section 73b-1 of Title 5, or such actual expenses

as permitted by section 73b-2 of Title 5 shall be defrayed by the

Coast Guard''.

-CITE-

14 USC Sec. 194 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 194. Annual Board of Visitors

-STATUTE-

(a) In addition to the Advisory Committee, a Board of Visitors to

the Academy is established to visit the Academy annually and to

make recommendations on the operation of the Academy.

(b) The Board shall be composed of -

(1) two Senators designated by the Chairman of the Committee on

Commerce, Science, and Transportation of the Senate;

(2) three Members of the House of Representatives designated by

the Chairman of the Committee on Transportation and

Infrastructure of the House of Representatives;

(3) one Senator designated by the President of the Senate;

(4) two Members of the House of Representatives designated by

the Speaker of the House of Representatives; and

(5) the Chairman of the Committee on Commerce, Science, and

Transportation of the Senate and the Chairman of the Committee on

Transportation and Infrastructure of the House of

Representatives, as ex officio Members.

(c) When a Member is unable to attend the annual meeting another

Member may be designated as provided under subsection (b).

(d) When an ex officio Member is unable to attend the annual

meeting that Member may designate another Member.

(e) Members of the Board shall be designated in the First Session

and serve for the duration of the Congress.

(f) The Board shall visit the Academy annually on the date chosen

by the Secretary. Each Member of the Board shall be reimbursed, to

the extent permitted by law, by the Coast Guard for actual expenses

incurred while engaged in duties as a Member of the Board.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 510; Pub. L. 101-595, title III,

Sec. 304, Nov. 16, 1990, 104 Stat. 2984; Pub. L. 107-295, title IV,

Sec. 408(a)(1), Nov. 25, 2002, 116 Stat. 2117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 15h (Apr. 16, 1937, ch.

107, Sec. 7, 50 Stat. 67; July 15, 1939, ch. 288, 53 Stat. 1044).

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

557.

AMENDMENTS

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.''

-CITE-

14 USC Sec. 195 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 195. Admission of foreign nationals for instruction;

restrictions; conditions

-STATUTE-

(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 person receiving instruction under this section is entitled

to the same pay and allowances, to be paid from the same

appropriations, as a cadet appointed pursuant to section 182 of

this title. A person 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 and allowances, 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 person 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.

-SOURCE-

(Added Pub. L. 91-278, Sec. 1(6), June 12, 1970, 84 Stat. 304;

amended Pub. L. 94-468, Oct. 11, 1976, 90 Stat. 2002.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-468 substituted ''foreign nationals'' for

''foreigners'' in section catchline.

Subsec. (a). Pub. L. 94-468 substituted provision barring foreign

nationals from receiving instruction at the Academy unless

authorized by this section, for provision which authorized the

Secretary to permit four persons at a time from the Republic of the

Philippines, as designated by the President, to attend the Academy.

Subsec. (b). Pub. L. 94-468 substituted provision authorizing the

President to designate not more than thirty-six foreign nationals

whom the Secretary may permit to attend the Academy, for provision

which authorized foreign nationals to receive the same pay and

allowances as cadets at the Academy.

Subsec. (c). Pub. L. 94-468 substituted provision authorizing a

foreign national to receive the same pay and allowances as a cadet

providing his country agree in advance to reimburse the United

States and directing the Secretary to credit any funds so received

to the appropriations for pay and allowances, for provision which

required that foreign nationals be subject to the same rules and

regulations as cadets.

Subsec. (d). Pub. L. 94-468 added subsec. (d).

-CITE-

14 USC Sec. 196 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 9 - COAST GUARD ACADEMY

-HEAD-

Sec. 196. Participation in Federal, State, or other educational

research grants

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 103-206, title III, Sec. 305(a), Dec. 20, 1993, 107

Stat. 2424.)

-CITE-