dreamproit/uscode huggingface dataset:
46 U.S.C. § 10701 (SHIPPING)
§ 10701. Application
(a) Except as otherwise specifically provided, this chapter applies to a vessel on a voyage between—
(1) a port of the United States and a port in a foreign country (except a port in Canada, Mexico, and the West Indies); and
(2) a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean.
(b) This chapter does not apply to a vessel on which a seaman by custom or agreement is entitled to share in the profit or result of a voyage.
(c) This chapter does not apply to a foreign vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10701
46:621
Section 10701 provides that the provisions in chapter 107 apply to vessels on voyages between U.S. ports and foreign countries (except Canada, Mexico, or the West Indies) and between United States ports on the Atlantic and United States ports on the Pacific. It does not apply to foreign vessels or vessels on which the seamen share the profits.
46 U.S.C. § 10702 (SHIPPING)
§ 10702. Duties of masters
(a) When a seaman dies during a voyage, the master shall take charge of the seaman’s money and property. An entry shall be made in the official logbook, signed by the master, the chief mate, and an unlicensed crewmember containing an inventory of the money and property and a statement of the wages due the seaman, with the total of the deductions to be made.
(b) On compliance with this chapter, the master shall obtain a written certificate of compliance from the consular officer or court clerk. Clearance may be granted to a foreign-bound vessel only when the certificate is received at the office of customs.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103–206, title IV, § 422(a), Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10702
46:621
Section 10702 requires a master to take charge of the property of a deceased seaman, make note in the official logbook that the property was taken and obtain a certificate of compliance from a shipping commissioner which must be exhibited for port clearance of foreign bound vessels.
heading: Amendments
text: 1993—Subsec. (b). Pub. L. 103–206 substituted “the consular officer or court clerk” for “a shipping commissioner”.
46 U.S.C. § 10703 (SHIPPING)
§ 10703. Procedures of masters
(a) If the vessel is proceeding to the United States when a seaman dies, the master shall deliver the seaman’s money, property, and wages when the agreement required by this part is ended, as provided in section 10706 of this title.
(b) If the vessel touches at a foreign port after the death of the seaman, the master shall report to the first available consular officer. The consular officer may require the master to deliver to the officer the money, property, and wages of the seaman. The consular officer shall give the master a receipt for the matters delivered and certify on the agreement the particulars of the delivery. When the agreement ends, the master shall deliver the receipt to a district court of the United States.
(c) If the consular officer does not require the master to deliver the seaman’s money, property, and wages, the officer shall so certify on the agreement, and the master shall dispose of the money, property, and wages as provided under section 10706 of this title.
(d) A deduction from the account of a deceased seaman is valid only if certified by a proper entry in the official logbook.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573; Pub. L. 103–206, title IV, § 418, Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10703
46:622
Section 10703 provides for the disposal by the master of the property and wages of deceased seamen who have died outside the United States.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206, § 418(1), substituted “in section 10706 of this title” for “by regulations prescribed by the Secretary”.
Subsec. (b). Pub. L. 103–206, § 418(2), substituted “to a district court of the United States” for “as prescribed by regulations”.
Subsec. (c). Pub. L. 103–206, § 418(3), substituted “section 10706 of this title” for “subsection (a) of this section”.
46 U.S.C. § 10704 (SHIPPING)
§ 10704. Duties of consular officers
When a seaman dies outside the United States leaving money or property not on board a vessel, the consular officer nearest the place at which the money and property is located shall claim and take charge of it.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10704
46:624
Section 10704 requires consular officers to take charge of the property (not left on board a vessel) of deceased seamen who have died outside the United States.
46 U.S.C. § 10705 (SHIPPING)
§ 10705. Disposition of money, property, and wages by consular officers
When money, property, or wages of a deceased seaman comes into possession of a consular officer, the officer may—
(1) sell the property and remit the proceeds and other money or wages of the seaman the officer has received, to the district court of the United States for the district in which the voyage begins or ends; or
(2) deliver the money, property, and wages to the district court.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10705
46:624
Section 10705 instructs consular officers on the disposal of the property and wages of deceased seamen who have died outside the United States.
46 U.S.C. § 10706 (SHIPPING)
§ 10706. Seamen dying in the United States
When a seaman dies in the United States and is entitled at death to claim money, property, or wages from the master or owner of a vessel on which the seaman served, the master or owner shall deliver the money, property, and wages to a district court of the United States within one week of the seaman’s death. If the seaman’s death occurs at sea, such money, property, or wages shall be delivered to a district court or a consular officer within one week of the vessel’s arrival at the first port call after the seaman’s death.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573; Pub. L. 103–206, title IV, § 419, Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10706
46:625
Section 10706 provides for the disposal by the master of the property and wages of deceased seamen who have died in the United States.
heading: Amendments
text: 1993—Pub. L. 103–206 substituted “to a district court of the United States within one week of the seaman’s death. If the seaman’s death occurs at sea, such money, property, or wages shall be delivered to a district court or a consular officer within one week of the vessel’s arrival at the first port call after the seaman’s death.” for “as provided by regulations prescribed by the Secretary.”.
46 U.S.C. § 10707 (SHIPPING)
[§ 10707. Repealed. Pub. L. 103–206, title IV, § 420(a), Dec. 20, 1993, 107 Stat. 2438]
text: Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573, related to delivery to district court of money, property, and wages of a deceased seaman.
46 U.S.C. § 10708 (SHIPPING)
§ 10708. Sale of property
A district court of the United States may direct the sale of any part of the property of a deceased seaman. Proceeds of the sale shall be held as wages of the seaman are held.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 574.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10708
46:628
Section 10708 permits a district court to sell a deceased seaman’s property and treat the proceeds as wages.
46 U.S.C. § 10709 (SHIPPING)
§ 10709. Distribution
(a)
(1) If the money, property, and wages of a seaman, including proceeds from the sale of property, are not more than $1,500 in value, the court, subject to deductions it allows for expenses and at least 60 days after receiving the money, property, and wages, may deliver the money, property, and wages to a claimant proving to be—
(A) the seaman’s surviving spouse or child;
(B) entitled to the money, property, and wages under the seaman’s will or under a law or at common law; or
(C) entitled to secure probate, or take out letters of administration, although no probate or letters of administration have been issued.
(2) The court is released from further liability for the money, property, and wages distributed under paragraph (1) of this subsection.
(3) Instead of acting under paragraphs (1) and (2) of this subsection, the court may require probate or letters of administration to be taken out, and then deliver the money, property, and wages to the legal representative of the seaman.
(b) If the money, property, and wages are more than $1,500 in value, the court, subject to deductions for expenses, shall deliver the money, property, and wages to the legal representative of the seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 574; Pub. L. 99–307, § 1(15), May 19, 1986, 100 Stat. 446.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10709
46:627
Section 10709 instructs a district court to deliver a deceased seaman’s property and wages to the proper claimant or legal representative. It also discharges the court from liability.
heading: Amendments
text: 1986—Subsec. (a)(1). Pub. L. 99–307, in text preceding cl. (A), substituted “than $1,500 in value, the court,” for “then $1,500 in value, and” and “wages, may” for “wages, the court may”.
46 U.S.C. § 10710 (SHIPPING)
§ 10710. Unclaimed money, property, and wages
(a) When a claim for the money, property, or wages of a deceased seaman held by a district court of the United States has not been substantiated within 6 years after their receipt by the court, the court, if a subsequent claim is made, may allow or refuse the claim.
(b) If, after money, property, and wages have been held by the court for 6 years, it appears to the court that no claim will have to be satisfied, the property shall be sold. The money and wages and the proceeds from the sale shall be deposited in the Treasury trust fund receipt account “Unclaimed Moneys of Individuals Whose Whereabouts are Unknown”.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 574.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10710
46:628
Section 10710 provides that if no claim is made to a deceased seaman’s property and wages within six years, the court shall sell the property and deposit the proceeds into the Treasury trust fund receipt account “Unclaimed Moneys of Individuals Whose Whereabouts are Unknown”.
46 U.S.C. § 10711 (SHIPPING)
§ 10711. Penalties
An owner or master violating this chapter are each liable to the United States Government for a civil penalty of 3 times the value of the seaman’s money, property, and wages involved or, if the value is not determined, of $200.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 574.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10711
46:623
Section 10711 provides penalties for masters and owners violating this chapter.
46 U.S.C. § 10901 (SHIPPING)
§ 10901. Application
This chapter applies to a vessel of the United States except a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 575.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10901
46:653
46:654
46:655
46:656
46:658
Section 10901 provides that chapter 109 applies to all vessels of the United States except fishing vessels, whaling vessels or yachts.
46 U.S.C. § 10903 (SHIPPING)
§ 10903. Proceedings on examination of vessel
(a) On application made under section 10902(a) of this title, the judge or justice of the peace shall appoint 3 experienced and skilled marine surveyors to examine the vessel for the defects or insufficiencies complained of. The surveyors have the authority to receive and consider evidence necessary to evaluate the complaint. When the complaint involves provisions of food or water, one of the surveyors shall be a medical officer of the Public Health Service, if available. The surveyors shall make a report in writing, signed by at least 2 of them, stating whether the vessel is fit to proceed to sea or, if not, in what respect it is unfit, making appropriate recommendations about additional seamen, provisions, or stores, or about physical repairs, alterations, or additions necessary to make the vessel fit.
(b) On receiving the report, the judge or justice of the peace shall endorse on the report the judgment of the judge or justice on whether the vessel is fit to proceed on the voyage, and, if not, whether the vessel may proceed to another port at which the deficiencies can be corrected. The master and the crew shall comply with the judgment.
(c) The master shall pay all costs of the survey, report, and judgment. However, if the complaint of the crew appears in the report and judgment to have been without foundation, or if the complaint involved provisions of food or water, without reasonable grounds, the master or owner may deduct the amount of the costs and reasonable damages for the detention of the vessel, as determined by the judge or justice of the peace, from the wages of the complaining seamen.
(d) A master of a vessel violating this section who refuses to pay the costs and wages is liable to the United States Government for a civil penalty of $100 and is liable in damages to each person injured by the refusal.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 575.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10903(a), (b)
46:654
10903(c)
46:659
10903(d)
46:660
Section 10903 provides for marine surveyors appointed by a judge or justice of the peace to inspect a vessel on which a complaint of unfitness was made, for a judge or justice of the peace to judge the fitness based on the findings, and for the payment of costs of the inspection by the master or the crew. It also includes a penalty for noncompliance.
46 U.S.C. § 10904 (SHIPPING)
§ 10904. Refusal to proceed
After a judgment under section 10903 of this title that a vessel is fit to proceed on the intended voyage, or after the order of a judgment to make up deficiencies is complied with, if a seaman does not proceed on the voyage, the unpaid wages of the seaman are forfeited.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 576.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10904
46:655
Section 10904 provides that if a vessel is found fit to proceed by a judge or justice of the peace and a seaman refuses to proceed, the seaman shall forfeit any unpaid wages.
46 U.S.C. § 10905 (SHIPPING)
§ 10905. Complaints in foreign ports
(a) When a complaint under section 10902(a) of this title is made in a foreign port, the procedures of this chapter shall be followed, with a consular officer performing the duties of the judge or justice of the peace.
(b) On review of the marine surveyors’ report, the consular officer may approve and must certify any part of the report with which the officer agrees. If the consular officer dissents from any part of the report, the officer shall certify reasons for dissenting from that part.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 576.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10905
46:656
46:657
Section 10905 provides that if a complaint of unfitness is made in a foreign port, a consular officer shall perform the duties of a judge or justice of the peace.
46 U.S.C. § 10906 (SHIPPING)
§ 10906. Discharge of crew for unsuitability
When a survey is made at a foreign port, the surveyors shall state in the report whether, in their opinion, the vessel had been sent to sea unsuitably provided in any important particular, by neglect or design or through mistake or accident. If by neglect or design, and the consular officer approves the finding, the officer shall discharge a seaman requesting discharge and shall require the master to pay one month’s wages to that seaman in addition to wages then due, or sufficient money for the return of the seaman to the nearest and most convenient port of the United States, whichever is the greater amount.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 576.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10906
46:658
Section 10906 provides that if a consular officer finds that a vessel has been sent to sea in an unsuitable state, a crew member requesting discharge must be paid one month’s additional wages and passage to the United States.
46 U.S.C. § 10907 (SHIPPING)
§ 10907. Permission to make complaint
(a) A master may not refuse to permit, deny the opportunity to, or hinder a seaman who wishes to make a complaint authorized by this chapter.
(b) A master violating this section is liable to the United States Government for civil penalty of $500.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 577.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10907
46:653
46:664
Section 10907 prohibits a master from hindering a seaman from making a complaint authorized by this chapter and subjects the master to a fine for violation of this section.
46 U.S.C. § 10908 (SHIPPING)
§ 10908. Penalty for sending unseaworthy vessel to sea
A person that knowingly sends or attempts to send, or that is a party to sending or attempting to send, a vessel of the United States to sea, in an unseaworthy state that is likely to endanger the life of an individual, shall be fined not more than $1,000, imprisoned for not more than 5 years, or both.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 577.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10908
46:658
Section 10908 provides a penalty for a person knowingly sending or attempting to send an unseaworthy vessel to sea.
46 U.S.C. § 11102 (SHIPPING)
§ 11102. Medicine chests
(a) A vessel of the United States on a voyage from a port in the United States to a foreign port (except to a Canadian port), and a vessel of the United States of at least 75 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title on a voyage between a port of the United States on the Atlantic Ocean and Pacific Ocean, shall be provided with a medicine chest.
(b) The owner and master of a vessel not equipped as required by subsection (a) of this section or a regulation prescribed under subsection (a) are liable to the United States Government for a civil penalty of $500. If the offense was due to the fault of the owner, a master penalized under this section has the right to recover the penalty and costs from the owner.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578; Pub. L. 104–324, title VII, § 741, Oct. 19, 1996, 110 Stat. 3942.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11102(a)
46:666
11102(b)
46:667
Section 11102 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a medicine chest, and provides a penalty for noncompliance. The Committee intends that regulation will provide for a well stocked medicine chest adequate for the crew of a vessel.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “75 gross tons”.
46 U.S.C. § 11103 (SHIPPING)
§ 11103. Slop chests
(a) A vessel to which section 11102 of this title applies shall be provided with a slop chest containing sufficient clothing for the intended voyage for each seaman, including—
(1) boots or shoes;
(2) hats or caps;
(3) underclothing;
(4) outer clothing;
(5) foul weather clothing;
(6) everything necessary for the wear of a seaman; and
(7) a complete supply of tobacco and blankets.
(b) Merchandise in the slop chest shall be sold to a seaman desiring it, for the use of the seaman, at a profit of not more than 10 percent of the reasonable wholesale value of the merchandise at the port at which the voyage began.
(c) This section does not apply to a vessel on a voyage to Canada, Bermuda, the West Indies, Mexico, or Central America, or a fishing or whaling vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11103
46:670
46:671
Section 11103 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a slop chest and lists the items the slop chest must contain.
46 U.S.C. § 11104 (SHIPPING)
§ 11104. Destitute seamen
(a) A consular officer shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the seaman’s rating.
(b) A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease.
(c) Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less.
(d) When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11104(a)
46:678
11104(b)–(d)
46:679
Section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government.
46 U.S.C. § 11105 (SHIPPING)
§ 11105. Wages on discharge when vessel sold
(a) When a vessel of the United States is sold in a foreign country, the master shall deliver to the consular officer a certified crew list and the agreement required by this part. The master shall pay each seaman the wages due the seaman and provide the seaman with employment on board another vessel of the United States bound for the port of original engagement of the seaman or to another port agreed on. If employment cannot be provided, the master shall—
(1) provide the seaman with the means to return to the port of original engagement;
(2) provide the seaman passage to the port of original engagement; or
(3) deposit with the consular officer an amount of money considered sufficient by the officer to provide the seaman with maintenance and passage home.
(b) The consular officer shall endorse on the agreement the particulars of the payment, provision, or deposit made under this section.
(c) An owner of a vessel is liable to the United States Government for a civil penalty of $500 if the master does not comply with this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 579.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11105
46:684
Section 11105 provides that when a United States vessel is sold in a foreign port, the seamen must be provided employment on another vessel, or passage to the port of original shipment.