§ 2509. Prohibition of certain involuntary administrative separations

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. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 title II § 209(a) · 126 Stat. 1540

   Enacted · 14 U.S.C. § 2509

   Added Pub. L. 112–213, title II, § 209(a), Dec. 20, 2012, 126 Stat. 1549, § 427

   Source evidence

   Code source credit
   Added Pub. L. 112–213, title II, § 209(a), Dec. 20, 2012, 126 Stat. 1549, § 427

   Enacted provision · exact public law section
   (a) In General.— Chapter 11 of title 14, United States Code, as amended by this Act, is further amended by inserting after section 426 the following: “§ 427. Prohibition of certain involuntary administrative separations “(a) In General.— Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty. “(b) Reevaluation.— “(1) In general.— The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty. “(2) Retirements and separations.— A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individual’s office, grade, rank, or rating may be retired or separated for physical disability under this chapter. “(c) Covered Individual Defined.— In this section, the term ‘covered individual’ means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty.” .

2. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 title II § 209(6) · 130 Stat. 27

   Substituted · 14 U.S.C. § 2509(b)(2)

   Pub. L. 114–120 substituted “chapter 61 of title 10” for “this chapter”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 114–120 substituted “chapter 61 of title 10” for “this chapter”.

   Enacted provision · exact public law section
   (6) in section 427(b)(2), by striking “this chapter” and inserting “chapter 61 of title 10”;

3. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title I § 114(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 2509

   Pub. L. 115–282 renumbered section 427 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282 renumbered section 427 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 25 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 334Grade on retirement2501 421Retirement2502 422Status of recalled personnel2503 423Computation of retired pay2504 424Limitations on retirement and retired pay2505 424aSuspension of payment of retired pay of members who are absent from the United States to avoid prosecution2506 425Board for Correction of Military Records deadline2507 426Emergency leave retention authority2508 427Prohibition of certain involuntary administrative separations2509 428Sea service letters2510 430Investigations of flag officers and Senior Executive Service employees2511 431Leave policies for the Coast Guard2512 467Computation of length of service2513 432Personnel of former Lighthouse Service2531

3 of 3 references resolved to an enrolled provision