14 U.S.C. § 2314 | Detention beyond term of enlistment

Under regulations prescribed by the Secretary, an enlisted member may be detained in the Coast Guard beyond the term of his enlistment:

(1)

until the first arrival of the vessel on which he is serving at its permanent station, or at a port in a State of the United States or in the District of Columbia; or

(2)

if attached to a shore station beyond the continental limits of the United States or in Alaska, until his first arrival at a port in any State of the United States or in the District of Columbia where his reenlistment or discharge may be effected, or until he can be discharged or reenlisted at his station beyond the continental limits of the United States or in Alaska, whichever is earlier, but in no event to exceed three months; or

(3)

during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or

(4)

for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regulations prescribed by the Secretary, shall be final and conclusive.

Any member detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge therefrom. Enlisted members detained under the provisions of clause (1) shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances.

Aug. 4, 1949, ch. 393 63 Stat. 523 Aug. 3, 1950, ch. 536, § 22 64 Stat. 407 July 24, 1956, ch. 692 70 Stat. 631 Pub. L. 98–557Oct. 30, 198498 Stat. 2865 Pub. L. 115–282, title I, § 113(b)Dec. 4, 2018132 Stat. 4221 (, , § 367; , ; , §§ 2(4), 3, ; , §§ 15(a)(3)(A), (C), 17(b)(4), , , 2868; renumbered § 2314, , , .)

Historical and Revision Notes

May 26, 1906, ch. 2556, § 1 34 Stat. 200 Jan. 28, 1915, ch. 20, § 1 38 Stat. 800 July 30, 1937, ch. 545, § 1 50 Stat. 547 July 11, 1941, ch. 290, § 8 55 Stat. 586 Aug. 18, 1941, ch. 364, § 3 55 Stat. 629 Dec. 13, 1941, ch. 570, § 5 55 Stat. 799 Based on title 14, U.S.C., 1946 ed., §§ 35, 35a, 35c (, ; , ; , ; , ; , ; , ).

Section 35 of title 14 section 366 of this title section 351 of this title section 365 of this title, U.S.C., 1946 ed., has been divided. The proviso of subsection (a) is covered by subsection (b) of this section. Subsections (c) and (d) are placed in subsection (a) of this section, except that part (3) of subsection (c) is covered in . The first sentence of subsection (a) is placed in . Subsection (b) is placed in .

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

Pub. L. 115–282 section 367 of this title2018— renumbered as this section.

Pub. L. 98–5571984— struck out subsec. “(a)” designation; in provisions preceding cl. (1) substituted “enlisted member” for “enlisted man”; and in provisions following cl. (4) substituted “member detained” for “person detained”, “Enlisted members” for “Enlisted men”, and “clause (1)” for “(1) of this subsection”.

July 24, 1956section 972(a) of Title 101956—Subsec. (a). Act , §§ 2(4), 3, repealed cl. (3) permitting detention of enlisted members beyond term of their enlistment while waiting disciplinary action or trial and disposition of their case, struck out provisions prohibiting payment of pay or allowances for any period beyond term of enlistment if trial of such members results in conviction, and redesignated cls. (4) and (5) as (3) and (4), respectively. See , Armed Forces.

July 24, 1956section 972(a) of Title 10Subsecs. (b), (c). Act , § 2(4), repealed subsecs. (b) and (c) which required enlisted members to make good time lost by unauthorized absence from duty, or by confinement under sentence or pending trial, or by reason of sickness resulting from misconduct. See .

Aug. 3, 19501950—Subsec. (c). Act , added subsec. (c).

Executive Documents

Delegation of Authority

Sept. 14, 2001section 12302 of Title 10For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, , 66 F.R. 48201, as amended, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under , Armed Forces.