
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC367]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                            ENLISTED MEMBERS
 
Sec. 367. 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, Sec. 22, 64 
Stat. 407; July 24, 1956, ch. 692, Secs. 2(4), 3, 70 Stat. 631; Pub. L. 
98-557, Secs. 15(a)(3)(A), (C), 17(b)(4), Oct. 30, 1984, 98 Stat. 2865, 
2868.)


                      Historical and Revision Notes

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


                               Amendments

    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, Secs. 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, Sec. 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).

                  Section Referred to in Other Sections

    This section is referred to in sections 366, 369 of this title; 
title 38 section 4312.
