An individual who is certified by the Secretary of Transportation under subsection (c) of this section 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) of this section to the Secretary of Transportation not later than 45 days after the date the individual completes a period of employment described in subsection (c)(1)(A) of this section with respect to which the application is submitted.
(c) Certification determination
Not later than 20 days after the date the Secretary of Transportation receives from an individual an application for certification under this subsection, the Secretary shall—
(1)determine whether or not the individual—
(A)was employed in the activation or operation of a vessel—
(i)in the National Defense Reserve Fleet maintained under section
1744 of Title
50, Appendix, in a period in which that vessel was in use or being activated for use under subsection (b) of that section;
(ii)that is requisitioned or purchased under section
1242 of this Appendix; or
(iii)that is owned, chartered, or controlled by the United States and used by the United States 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 chapter 73 (as applicable) of title 46; and
(2)if the Secretary makes affirmative determinations under paragraph (1)(A) and (B), 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) of this section shall be considered to be the equivalent of a certificate referred to in paragraph (1) of section
4301(a) of title
A certificate referred to in paragraph (1) of section
4301(a) of title
38, referred to in subsec. (d), probably means a certificate described in section 9(a) of the Military Selective Service Act (50 App. U.S.C. 459(a)), which was referred to in section
4301(a)(1) of Title
38, Veterans’ Benefits, prior to the general amendment of that section by section 2(a) ofPub. L. 103–353.
A prior section 1132 of former Title 46, Shipping, acts June 29, 1936, ch. 858, title III, § 302,49 Stat. 1992; Aug. 6, 1981, Pub. L. 97–31, § 12(83),
95 Stat. 160, related to citizenship of officers and crew prior to repeal by Pub. L. 98–89, § 4(b),Aug. 26, 1983, 97 Stat. 603. See sections
8103 of Title
Pub. L. 104–239, § 10(b),Oct. 8, 1996, 110 Stat. 3134, provided that: “The amendment made by subsection (a) [enacting this section], shall apply to employment described in section 302(c)(1)(A) of the Merchant Marine Act, 1936 [subsec. (c)(1)(A) of this section], as amended by subsection (a), occurring after the date of enactment of this Act [Oct. 8, 1996].”
“(a) In General.—The Secretary of Transportation may prescribe rules as necessary to carry out this Act [see Short Title of 1996 Amendment note set out under section
1245 of this Appendix] and the amendments made by this Act.
“(b) Interim Rules.—The Secretary of Transportation may prescribe interim rules necessary to carry out this Act and the amendments made by this Act. For this purpose, the Secretary of Transportation is excepted from compliance with the notice and comment requirements of section
553 of title
5, United States Code. All rules prescribed under the authority of this subsection that are not earlier superseded by final rules shall expire no later than 270 days after the date of enactment of this Act [Oct. 8, 1996].”
Pub. L. 104–239, § 10(c),Oct. 8, 1996, 110 Stat. 3134, provided that: “Not later than 120 days after the date of the enactment of this Act [Oct. 8, 1996], the Secretary of Transportation shall issue regulations implementing this section [enacting this section and provisions set out as a note above].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, April 16, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.