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U.S. Code as of:
01/19/04
Section 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
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(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.
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