14 U.S.C. § 1925 — Agreement

Page 115 TITLE 14—COAST GUARD § 1925 § 1923. Admission of foreign nationals for instruc- tion; restrictions; conditions (a) A foreign national may not receive instruc- tion 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 Acad- emy. (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 sec- tion only if his country agrees in advance to re- imburse 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, attend- ance, discipline, resignation, discharge, dis- missal, and graduation, except as may other- wise be prescribed by the Secretary. (Added Pub. L. 91–278, § 1(6), June 12, 1970, 84 Stat. 304, § 195; amended Pub. L. 94–468, Oct. 11, 1976, 90 Stat. 2002; Pub. L. 112–213, title II, § 204, Dec. 20, 2012, 126 Stat. 1543; renumbered § 1923 and amended Pub. L. 115–282, title I, §§ 110(b), 123(c)(1), Dec. 4, 2018, 132 Stat. 4212, 4240.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 110(b), renumbered section 195 of this title as this section. Subsec. (c). Pub. L. 115–282, § 123(c)(1), substituted ‘‘section 1922’’ for ‘‘section 182’’. 2012—Subsec. (c). Pub. L. 112–213 substituted ‘‘foreign national’’ for ‘‘person’’ in two places and ‘‘pay, allow- ances, and emoluments’’ for ‘‘pay and allowances’’ in two places. Subsec. (d). Pub. L. 112–213, § 204(1), substituted ‘‘for- eign national’’ for ‘‘person’’ in introductory provisions. 1976—Pub. L. 94–468 substituted ‘‘foreign nationals’’ for ‘‘foreigners’’ in section catchline. Subsec. (a). Pub. L. 94–468 substituted provision bar- ring foreign nationals from receiving instruction at the Academy unless authorized by this section, for provi- sion which authorized the Secretary to permit four per- sons 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 au- thorizing the President to designate not more than thirty-six foreign nationals whom the Secretary may permit to attend the Academy, for provision which au- thorized foreign nationals to receive the same pay and allowances as cadets at the Academy. Subsec. (c). Pub. L. 94–468 substituted provision au- thorizing 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 direct- ing 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). § 1924. Conduct The Secretary may summarily dismiss from the Coast Guard any cadet who, during his ca- detship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be sub- ject to rules governing discipline prescribed by the Commandant. (Added Pub. L. 115–282, title I, § 110(c)(1)(C), Dec. 4, 2018, 132 Stat. 4214.) § 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 ten- dered, as a commissioned officer of the Coast Guard; and (B) will serve on active duty for at least five years immediately after such appoint- ment. (3) That if an appointment described in para- graph (2) is not tendered or if the cadet is per- mitted to resign as a regular officer before the completion of the commissioned service obli- gation of the cadet, the cadet— (A) will accept an appointment as a com- missioned officer in the Coast Guard Re- serve; and (B) will remain in that reserve component until completion of the commissioned serv- ice 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 ac- tive duty under this paragraph may be deter- mined 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 agree- ment under subsection (a) if the cadet is sepa- rated from the Coast Guard Academy under cir- cumstances 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 ap- pointment as a commissioned officer upon grad- uation 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 con- stitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); Page 116 TITLE 14—COAST GUARD § 1926 (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 ob- ligation’’, with respect to an officer who is a graduate of the Academy, means the period be- ginning 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. (Added Pub. L. 115–282, title I, § 110(c)(1)(C), Dec. 4, 2018, 132 Stat. 4214.) § 1926. Cadet applicants; preappointment travel to Academy The Secretary is authorized to expend appro- priated funds for selective preappointment trav- el to the Academy for orientation visits of cadet applicants. (Added Pub. L. 98–557, § 24(a), Oct. 30, 1984, 98 Stat. 2872, § 181a; renumbered § 1926, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 181a of this title as this section. § 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 an initial clothing and equipment issue, which sum shall be deducted subsequently from the pay of such cadet. Each cadet discharged prior to graduation who is indebted to the United States on account of advances of pay to pur- chase 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 indebt- edness; and, if the value of such clothing and equipment so turned in does not cover the in- debtedness incurred, then such indebtedness shall be canceled. (Aug. 4, 1949, ch. 393, 63 Stat. 508, § 183; Aug. 22, 1951, ch. 340, § 3, 65 Stat. 196; renumbered § 1927, Pub. L. 115–282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8506(a), Jan. 1, 2021, 134 Stat. 4752.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 15 (June 23, 1906, ch. 3520, § 2, 34 Stat. 452; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 3, 1926, ch. 742, § 6, 44 Stat. 816; July 30, 1937, ch. 545, § 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. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘of an initial’’ for ‘‘of his initial’’ and ‘‘from the pay of such cadet’’ for ‘‘from his pay’’. 2018—Pub. L. 115–282 renumbered section 183 of this title as this section. 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 sen- tence. § 1928. Cadets; degree of bachelor of science The Superintendent of the Academy may, under such rules and regulations as the Sec- retary shall prescribe, confer the degree of bach- elor of science upon all graduates of the Acad- emy and may, in addition, confer the degree of bachelor of science upon such other living grad- uates of the Academy as shall have met the re- quirements of the Academy for such degree. (Aug. 4, 1949, ch. 393, 63 Stat. 508, § 184; renum- bered § 1928, 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., § 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 Amer- ican 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 Con- gress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 184 of this title as this section. § 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. (Aug. 4, 1949, ch. 393, 63 Stat. 508, § 185; renum- bered § 1929, 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., § 15a–1 (May 25, 1943, ch. 99, 57 Stat. 84).