§ 182. — Cadets; number, appointment, obligation to serve.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC182]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 9--COAST GUARD ACADEMY
Sec. 182. Cadets; number, appointment, obligation to serve
(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.
(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.)
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., Secs. 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.
Section Referred to in Other Sections
This section is referred to in section 195 of this title.
