Source
(Aug. 4, 1949, ch. 393, 63 Stat. 523; 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.)
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.
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, §§ 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3, repealed cl.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 Act July 24, 1956, § 2(4), repealed subsecs.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).
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.