(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.
|Source (U.S. Code)||Source (Statutes at Large)|
|52101||46 App.:1132.||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)).
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)".
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