46 USC 52101 Reemployment Rights for Certain Merchant Seamen

§ 52101

TITLE 46—SHIPPING

In subsection (b), the words ‘‘not more than’’ are
added for clarity and for consistency in the revised
title.
Editorial Notes
AMENDMENTS
2008—Pub. L. 110–181, § 3526(g), repealed Pub. L.
109–364, § 3510(b). See 2006 Amendment note below.
Subsec. (a). Pub. L. 110–181, § 3526(e), incorporated the
substance of the amendment by Pub. L. 109–364,
§ 3510(b), into this section by substituting ‘‘by this
chapter or the Secretary of Transportation’’ for ‘‘under
this chapter’’. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative
Purpose and Construction note preceding section 101 of
this title.
2006—Pub. L. 109–364, § 3510(b), which directed the
amendment of section 2007 of the former Appendix to
this title from which this section was derived, was repealed by Pub. L. 110–181, § 3526(g). See 2008 Amendment
note for subsec. (a) and Historical and Revision notes
above.

CHAPTER 521—MISCELLANEOUS

(2) if the Secretary makes affirmative determinations under subparagraphs (A) and (B) of
paragraph (1), certify that individual under
this subsection.
(d) EQUIVALENCE TO MILITARY SELECTIVE SERVACT CERTIFICATE.—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)).
ICE

(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.)
HISTORICAL AND REVISION NOTES
Revised
Section

Reemployment rights for certain merchant
seamen.

§ 52101. Reemployment rights for certain merchant seamen
(a) IN GENERAL.—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.
(b) TIME FOR APPLICATION.—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.
(c) CERTIFICATION DETERMINATION.—Not later
than 20 days after the date the Secretary receives from an individual an application for certification under this subsection, the Secretary
shall—
(1) determine whether the individual—
(A) was employed in the activation or operation of a vessel—
(i) 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;
(ii) requisitioned or purchased under
chapter 563 of this title; or
(iii) 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
(B) 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

Source (U.S. Code)

52101 ..........

Sec.

52101.

Page 360

46 App.:1132.

Source (Statutes at Large)
June 29, 1936, ch. 858, title
III, § 302, as added Pub. L.
104–239, § 10(a), Oct. 8, 1996,
110 Stat. 3133.

In subsection (c)(1)(B), the words ‘‘(as applicable)’’
are omitted as unnecessary.
In subsection (d), the words ‘‘certificate described in
section 9(a) of the Military Selective Service Act (50
App. U.S.C. 459(a))’’ are substituted for ‘‘certificate referred to in paragraph (1) of section 4301(a) of title 38’’
because section 4301 of title 38 was amended generally
by section 2(a) of Public Law 103–353, and before the
amendment section 4301(a)(1) referred to a certificate
described in section 9(a) of the Military Selective Service Act (50 App. U.S.C. 459(a)).
Editorial Notes
AMENDMENTS
2018—Subsec. (d). Pub. L. 115–232 substituted ‘‘(50
U.S.C. 3808(a))’’ for ‘‘(50 App. U.S.C. 459(a))’’.
2017—Subsec. (c)(1)(A)(i). Pub. L. 115–91 substituted
‘‘section 57100’’ for ‘‘section 11 of the Merchant Ship
Sales Act of 1946 (50 App. U.S.C. 1744)’’.

PART C—FINANCIAL ASSISTANCE PROGRAMS
Editorial Notes
AMENDMENTS
2006—Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1586,
inserted ‘‘Part C—Financial Assistance Programs’’.

CHAPTER 531—MARITIME SECURITY FLEET
Sec.

53101.
53102.
53103.
53104.
53105.
53106.
53107.
53108.
[53109.
53110.
53111.

Definitions.
Establishment of Maritime Security Fleet.
Award of operating agreements.
Effectiveness of operating agreements.
Obligations and rights under operating agreements.
Payments.
National security requirements.
Regulatory relief.
Repealed.]
Regulations.
Authorization of appropriations.
Editorial Notes
AMENDMENTS

2018—Pub. L. 115–232, div. C, title XXXV, § 3546(n),
Aug. 13, 2018, 132 Stat. 2327, struck out item 53109 ‘‘Special rule regarding age of participating fleet vessel’’.