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Title 14 — Coast Guard

Chapter 23 — Personnel; Enlisted

§ 2314. Detention beyond term of enlistment

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 14, United States Code, section —

    Pub. L. 81–393 · 63 Stat. 495

    Enacted · 14 U.S.C. § 2314

    Aug. 4, 1949, ch. 393, 63 Stat. 523, § 367

    Source evidence

    Code source credit
    Aug. 4, 1949, ch. 393, 63 Stat. 523, § 367

  2. Public Law not identified

    Added · 14 U.S.C. § 2314(c)

    Subsec. (c). Act Aug. 3, 1950, added subsec. (c)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (c). Act Aug. 3, 1950, added subsec. (c).

  3. Public Law not identified

    1. Repealed · 14 U.S.C. § 2314(a)

      Subsec. (a). Act July 24, 1956, §§ 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

    2. Struck · 14 U.S.C. § 2314(a)

      Subsec. (a). Act July 24, 1956, §§ 2(4), 3, struck out provisions prohibiting payment of pay or allowances for any period beyond term of enlistment if trial of such members results in conviction

    3. Redesignated · 14 U.S.C. § 2314(a)

      Subsec. (a). Act July 24, 1956, §§ 2(4), 3, redesignated cls. (4) and (5) as (3) and (4), respectively. See section 972(a) of Title 10, Armed Forces

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act July 24, 1956, §§ 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 section 972(a) of Title 10, Armed Forces.

  4. Public Law not identified

    Repealed · 14 U.S.C. § 2314(b); 14 U.S.C. § 2314(c)

    Subsecs. (b), (c). Act July 24, 1956, § 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 section 972(a) of Title 10

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Act July 24, 1956, § 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 section 972(a) of Title 10.

  5. Coast Guard Authorization Act of 1984

    Pub. L. 98–557 · 98 Stat. 2860

    1. Substituted · 14 U.S.C. § 2314

      Pub. L. 98–557 struck out subsec. “(a)” designation; in provisions preceding cl. (1) substituted “enlisted member” for “enlisted man”

    2. Substituted · 14 U.S.C. § 2314

      Pub. L. 98–557 struck out subsec. “(a)” designation; in provisions preceding cl. (1) substituted “member detained” for “person detained”

    3. Substituted · 14 U.S.C. § 2314

      Pub. L. 98–557 struck out subsec. “(a)” designation; in provisions preceding cl. (1) substituted “Enlisted members” for “Enlisted men”

    4. Substituted · 14 U.S.C. § 2314

      Pub. L. 98–557 struck out subsec. “(a)” designation; in provisions preceding cl. (1) substituted “clause (1)” for “(1) of this subsection”

    Source evidence

    Code amendment note
    Pub. L. 98–557 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”.

  6. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 title I § 113(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 2314

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

    Source evidence

    Code amendment note
    Pub. L. 115–282 renumbered section 367 of this title as this section.

    Enacted provision · exact public law section
    (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 23 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 350Recruiting campaigns2301 351Enlistments; term, grade2302 352Promotion2303 353Compulsory retirement at age of sixty-two2304 354Voluntary retirement after thirty years’ service2305 355Voluntary retirement after twenty years’ service2306 357Retirement of enlisted members: increase in retired pay2307 359Recall to active duty during war or national emergency2308 360Recall to active duty with consent of member2309 361Relief of retired enlisted member promoted while on active duty2310 362Retirement in cases where higher grade or rating has been held2311 365Extension of enlistments2312 366Retention beyond term of enlistment in case of disability2313 367Detention beyond term of enlistment2314 369Inclusion of certain conditions in enlistment contract2315 370Discharge within three months before expiration of enlistment2316 371Aviation cadets; procurement; transfer2317 372Aviation cadets; benefits2318 374Critical skill training bonus2319

1 of 11 references resolved to an enrolled provision · 5 partial · 5 unresolved

Notes

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§ 35, 35a, 35c (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).

Section 35 of title 14, 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 section 366 of this title. The first sentence of subsection (a) is placed in section 351 of this title. Subsection (b) is placed in section 365 of this title.

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

Editorial Notes

Amendments1950–2018 · 4 rounds

2018

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

1984

Pub. L. 98–557 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”.

1956

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 section 972(a) of Title 10, Armed Forces.

Subsecs. (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 section 972(a) of Title 10.

1950

Subsec. (c). Act , added subsec. (c).

Executive Documents

Delegation of Authority

For 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 section 12302 of Title 10, Armed Forces.

Credits

1949–2018 · 5 acts
  1. 1949Aug. 4, 1949, ch. 393, 63 Stat. 523, § 367
  2. 1950Aug. 3, 1950, ch. 536, § 22, 64 Stat. 407
  3. 1956July 24, 1956, ch. 692, §§ 2(4), 3, 70 Stat. 631
  4. 1984Pub. L. 98–557, §§ 15(a)(3)(A), (C), 17(b)(4), , 98 Stat. 2865, 2868
  5. 2018renumbered § 2314, Pub. L. 115–282, title I, § 113(b), , 132 Stat. 4221.
Show as published

(Aug. 4, 1949, ch. 393, 63 Stat. 523, § 367; Aug. 3, 1950, ch. 536, § 22, 64 Stat. 407; July 24, 1956, ch. 692, §§ 2(4), 3, 70 Stat. 631; Pub. L. 98–557, §§ 15(a)(3)(A), (C), 17(b)(4), , 98 Stat. 2865, 2868; renumbered § 2314, Pub. L. 115–282, title I, § 113(b), , 132 Stat. 4221.)

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