republic-os/legal/us/code/title-46/chapter-521/section-52101.md

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LegalText	46 U.S.C. § 52101	Reemployment rights for certain merchant seamen	us	united_states_code	code_section	46	SHIPPING	521	MISCELLANEOUS	52101	46 U.S.C. § 52101	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip	/us/usc/t46/s52101	data/legal/raw/us/code/title-46/usc46.xml	2622328a6a82c5564b59c9737be1d37fe965b910b8ede76fe6befc779e69a09e	eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f	6e9f5b502cfa071a0a1d0304b047bd6258ce5393dab633599ead886e5f30cb1e	2026-07-04	official	legal us-code

46 U.S.C. § 52101 - Reemployment rights for certain merchant seamen

Text

(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.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5210146 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

Amendments2018—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)”.