2018 US Code
Title 46 - Shipping
Subtitle V - Merchant Marine
Part B - Merchant Marine Service
Chapter 521 - Miscellaneous
Sec. 52101 - Reemployment rights for certain merchant seamen
| 46 U.S.C. § 52101 (2018) | ||||||
| §52101. Reemployment rights for certain merchant seamen | ||||||
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(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 (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 Service Act 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)). |
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(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.) |
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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)). AMENDMENTS2018—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)". |
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| United States Code, 2018 Edition, Title 46 - SHIPPING | ||||||
| Bills and Statutes | ||||||
| United States Code | ||||||
| Y 1.2/5: | ||||||
| Title 46 - SHIPPING Subtitle V - Merchant Marine Part B - Merchant Marine Service CHAPTER 521 - MISCELLANEOUS Sec. 52101 - Reemployment rights for certain merchant seamen |
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| section 52101 | ||||||
| 2018 | ||||||
| January 14, 2019 | ||||||
| Yes | ||||||
| standard | ||||||
| 110 Stat. 3133 120 Stat. 1585 131 Stat. 1910 132 Stat. 2327 |
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| Public Law 103-353, Public Law 104-239, Public Law 109-304, Public Law 115-91, Public Law 115-232 |
