14 U.S.C. § 2314: Detention beyond term of…

Summary

The Secretary can keep an enlisted Coast Guard member on duty after their enlistment ends, under rules the Secretary makes. This can happen in four ways: until the ship they are on first reaches its permanent base or any U.S. State or District of Columbia port; if assigned to a shore station outside the continental U.S. or in Alaska, until they first reach a U.S. State or D.C. port where discharge or reenlistment can occur, or until they can be discharged or reenlisted at that station—whichever comes first, but not more than three months; during a war or a national emergency declared by the President, and for up to six months after the war or emergency ends if needed for national defense; or in other cases for up to thirty days when the Secretary finds it is essential to the public interest. Any member kept on duty this way must keep getting pay, allowances, and benefits as if their enlistment had not ended, and must follow Coast Guard laws and rules until discharged. Members held under the first rule get the same pay and allowances that similarly detained Navy enlisted personnel would receive.

Title 14, §2314

Coast Guard, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

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

Amendments

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

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. 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. 1950—Subsec. (c). Act Aug. 3, 1950, 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, Sept. 14, 2001, 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.

§2314 Detention Beyond Term of Enlistment