46 U.S.C. § 52101 — Reemployment rights for certain merchant seamen
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 334 words · no verdicts yet
Certain certified merchant seamen get reemployment rights similar to reservists called to active duty. To qualify, a seaman must have worked on specific government-controlled vessels while properly licensed. The Secretary of Transportation decides certification within 20 days of receiving an application.
(a) In General. An individual certified by the Secretary of Transportation under subsection (c) gets reemployment rights and benefits like those given under chapter 43 of title 38 to reserve component members ordered to active duty.
(b) Time for Application. A person may apply for certification within 45 days after finishing the qualifying period of employment described in subsection (c)(1)(A).
(c) Certification Determination. Within 20 days after getting an application, the Secretary must (1) decide whether the person (A) worked on a vessel* -- in the National Defense Reserve Fleet under section 57100 while it was in use or being activated, requisitioned or purchased under chapter 563, or owned, chartered, or controlled by the government for a war, armed conflict, national emergency, or maritime mobilization need, including training or readiness testing -- and (B) held, during that work, a valid license, certificate of registry, or merchant mariner's document under chapter 71 or 73; and (2) if both are true, certify the individual.
(d) Equivalence to Military Selective Service Act Certificate. For reemployment rights and benefits under this section, a certification counts as the equivalent of a certificate under section 9(a) of the Military Selective Service Act.
An individual who is certified by the Secretary of Transportation under subsection (c) shall be entitled to reemployment rights and other benefits substantially equivalent to the rights and benefits provided for by chapter 43 of title 38 for any member of a reserve component of the armed forces of the United States who is ordered to active duty.
An individual may submit an application for certification under subsection (c) to the Secretary not later than 45 days after the date the individual completes a period of employment described in subsection (c)(1)(A) with respect to which the application is submitted.
Not later than 20 days after the date the Secretary receives from an individual an application for certification under this subsection, the Secretary shall—
determine whether the individual—
was employed in the activation or operation of a vessel*—
in the National Defense Reserve Fleet maintained under section 57100 in a period in which the vessel was in use or being activated for use under subsection (b) of that section;
requisitioned or purchased under chapter 563 of this title; or
owned, chartered, or controlled by the United States Government and used by the Government for a war, armed conflict, national emergency, or maritime mobilization need (including for training purposes or testing for readiness and suitability for mission performance); and
during the period of that employment, possessed a valid license, certificate of registry, or merchant mariner’s document issued under chapter 71 or 73 of this title; and
if the Secretary makes affirmative determinations under subparagraphs (A) and (B) of paragraph (1), certify that individual under this subsection.
For purposes of reemployment rights and benefits provided by this section, a certification under subsection (c) shall be considered to be the equivalent of a certificate described in section 9(a) of the Military Selective Service Act (50 U.S.C. 3808(a)).
Source credit: (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1585; Pub. L. 115–91, div. C, title XXXV, § 3502(b)(4), Dec. 12, 2017, 131 Stat. 1910; Pub. L. 115–232, div. C, title XXXV, § 3546(m), Aug. 13, 2018, 132 Stat. 2327.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1585
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1910
- 2018Amended · Pub. L. 115-232 · 132 Stat. 2327
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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