---
kind: "section"
citation: "46 U.S.C. § 52101"
title: "46"
title_heading: "Shipping"
number: "52101"
heading: "Reemployment rights for certain merchant seamen"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/52101"
units:
  - "Subtitle V — Merchant Marine"
  - "Part B — Merchant Marine Service"
  - "Chapter 521 — Miscellaneous"
---

# §52101. Reemployment rights for certain merchant seamen

- (a) **In General.—** An individual who is certified by the [Secretary](/usc/46/53101.md?p=8) of Transportation under [subsection (c)](#c) shall be entitled to reemployment rights and other benefits substantially equivalent to the rights and benefits provided for by [chapter 43](/usc/38/chptIII/ch43.md) of title 38 for any member of a reserve component of the armed forces of the [United States](/usc/46/53101.md?p=10) who is ordered to active duty.
- (b) **Time for Application.—** An individual may submit an application for certification under [subsection (c)](#c) to the [Secretary](/usc/46/53101.md?p=8) not later than 45 days after the date the individual completes a period of employment described in [subsection (c)(1)(A)](#c-1-A) with respect to which the application is submitted.
- (c) **Certification Determination.—** Not later than 20 days after the date the [Secretary](/usc/46/53101.md?p=8) receives from an individual an application for certification under this subsection, the [Secretary](/usc/46/53101.md?p=8) shall—
  - (1) determine whether the individual—
    - (A) was employed in the activation or operation of a [vessel](/usc/46/53501.md?p=9)—
      - (i) in the National Defense Reserve [Fleet](/usc/46/53101.md?p=3) maintained under [section 57100](/usc/46/57100.md) in a period in which the [vessel](/usc/46/53501.md?p=9) was in use or being activated for use under [subsection (b)](/usc/46/57100.md?p=b) of that section;
      - (ii) requisitioned or purchased under [chapter 563](/usc/46/chstV/ptE/ch563.md) of this title; or
      - (iii) owned, chartered, or controlled by the [United States](/usc/46/53101.md?p=10) 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](/usc/46/chstII/ptE/ch71.md) or [73](/usc/46/chstII/ptE/ch73.md) of this title; and
  - (2) if the [Secretary](/usc/46/53101.md?p=8) makes affirmative determinations under subparagraphs [(A)](#c-1-A) and [(B)](#c-1-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)](#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)](/usc/50/3808.md?p=a)).

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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)”.