§ 2314. Detention beyond term of enlistment
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/usc/title-14/section-2314A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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, § 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), Oct. 30, 1984, 98 Stat. 2865, 2868; renumbered § 2314, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
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.
Connections1 cite this · traces to 3
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26 references not yet in our index
- 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. 98–557
- 98 Stat. 2865
- 132 Stat. 4221
- 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
- section 366 of this title
- section 351 of this title
- section 365 of this title
- section 367 of this title
Citation graph
cites case law
§ 2314
Detention beyond term of enlistment
U.S.C.×1
ActAug. 4, 1949, ch. 393
Stat.63 Stat. 523
ActAug. 3, 1950, ch. 536, § 22
Stat.64 Stat. 407
ActJuly 24, 1956, ch. 692
Cites 29 · showing 8Cited by 1 across 1 source