Us Code § 52101 - Reemployment rights for certain merchant seamen

Full text of Us Code United States Code § 52101 — Reemployment rights for certain merchant seamen, with citation guidance and answers to common questions.

§ 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


(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)).

(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

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)).


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.
Definitions.
53102.
Establishment of Maritime Security Fleet.
53103.
Award of operating agreements.
53104.
Effectiveness of operating agreements.
53105.
Obligations and rights under operating agreements.
53106.
Payments.
53107.
National security requirements.
53108.
Regulatory relief.
[53109.
Repealed.]
53110.
Regulations.
53111.
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".

About This Section

46 U.S.C. § 52101 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 46 U.S.C. § 52101. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Sources

Source: official Us Code text · Last verified 2026-08-27

Frequently Asked Questions About Us Code § 52101

What does United States Code § 52101 cover?

Section 52101 ("Reemployment rights for certain merchant seamen") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Is this the official text of Us Code law?

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Sources & Verification

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