103D CONGRESS
1ST SESSION
H. R. 1109
AN ACT
To amend the Merchant Marine Act, 1936 to estab-
lish reemployment rights for certain merchant
seamen.
103D CONGRESS
1ST SESSION
H. R. 1109
AN ACT
To amend the Merchant Marine Act, 1936 to establish
reemployment rights for certain merchant seamen.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Merchant Seamen Re-
employment Rights Act of 1993’’.
SEC. 2. REEMPLOYMENT RIGHTS FOR CERTAIN MERCHANT
SEAMEN.
(a) IN GENERAL.—Title III of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1131) is amended by inserting
after section 301 the following new section:
‘‘SEC. 302. (a) An individual who is certified by the
Secretary of Transportation under subsection (c) shall be
entitled to reemployment rights and other benefits sub-
stantially equivalent to the rights and benefits provided
for by chapter 43 of title 38, United States Code, for any
member of a Reserve component of the Armed Forces of
the United States who is ordered to active duty.
‘‘(b) An individual may submit an application for cer-
tification under subsection (c) to the Secretary of Trans-
portation not later than 45 days after the date the individ-
ual completes a period of employment described in sub-
section (c)(1)(A) with respect to which the application is
submitted.
‘‘(c) Not later than 20 days after the date the Sec-
retary of Transportation receives from an individual an
application for certification under this subsection, the Sec-
retary shall—
‘‘(1) determine whether or not the individual—
‘‘(A) was employed in the activation or op-
eration of a vessel—
‘‘(i) in the National Defense Reserve
Fleet maintained under section 11 of the
Merchant Ship Sales Act of 1946, in a pe-
riod in which that vessel was in use or
being activated for use under subsection
(b) of that section;
‘‘(ii) that is requisitioned or pur-
chased under section 902 of this Act; or
‘‘(iii) that is owned, chartered, or con-
trolled by the United States and used by
the United States for a war, armed con-
flict, national emergency, or maritime mo-
bilization need (including for training pur-
poses or testing for readiness and suit-
ability for mission performance); and
‘‘(B) during the period of that employ-
ment, possessed a valid license, certificate of
registry, or merchant mariner’s document is-
sued under chapter 71 or chapter 73 (as appli-
cable) of title 46, United States Code; and
‘‘(2) if the Secretary makes affirmative deter-
minations under paragraph (1) (A) and (B), certify
that individual under this subsection.
‘‘(d) For purposes of reemployment rights and bene-
fits provided by this section, a certification under sub-
section (c) shall be considered to be the equivalent of a
certificate referred to in clause (1) of section 4301(a) of
title 38, United States Code.’’.
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to employment described in section
302(c)(1)(A) of the Merchant Marine Act, 1936, as
amended by subsection (a), occurring after August 2,
1990.
(c) EMPLOYMENT ENDING BEFORE ENACTMENT.—
Notwithstanding subsection (b) of section 302 of the Mer-
chant Marine Act, 1936, as amended by this Act, an indi-
vidual who, in the period beginning August 2, 1990, and
ending on the date of the enactment of this Act, completed
a period of employment described in subsection (c)(1)(A)
of that section may submit an application for certification
under subsection (c) of that section with respect to that
employment not later than 45 days after the date of the
enactment of this Act.
(d) REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Transportation shall issue regulations implementing this
section.
Passed the House of Representatives March 16,
1993.
Attest:
Clerk.