dreamproit/uscode huggingface dataset:
46 U.S.C. § 10316 (SHIPPING)
§ 10316. Trusts
Sections 10314 and 10315 of this title do not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if—
(1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and
(2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents:
(A) medical or hospital care, or both.
(B) pensions on retirement or death of the seaman.
(C) life insurance.
(D) unemployment benefits.
(E) compensation for illness or injuries resulting from occupational activity.
(F) sickness, accident, and disability compensation.
(G) purchasing insurance to provide any of the benefits specified in this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 568.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10316
46:599(g)
Section 10316 qualifies the two previous sections by allowing an employer to make deductions from seamen’s wages for the purpose of placing the wages into a trust fund or holding them in trust to provide for the seamen’s benefit.
46 U.S.C. § 10317 (SHIPPING)
§ 10317. Loss of lien and right to wages
A master or seaman by any agreement other than one provided for in this chapter may not forfeit the master’s or seaman’s lien on the vessel or be deprived of a remedy to which the master or seaman otherwise would be entitled for the recovery of wages. A stipulation in an agreement inconsistent with this chapter, or a stipulation by which a seaman consents to abandon a right to wages if the vessel is lost, or to abandon a right the seaman may have or obtain in the nature of salvage, is void.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 568.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10317
46:600
Section 10317 prohibits a master or seaman from entering into an agreement which forfeits his or her lien on the vessel or other remedy for recovery of wages, and renders such agreements void.
46 U.S.C. § 10318 (SHIPPING)
§ 10318. Wages on discharge in foreign ports
(a) When a master or seaman applies to a consular officer for the discharge of the seaman, the consular officer shall require the master to pay the seaman’s wages if it appears that the seaman has carried out the agreement required by section 10302 of this title or otherwise is entitled to be discharged. Then the consular officer shall discharge the seaman. A consular officer shall require the payment of extra wages only as provided in this section or in chapter 109 of this title.
(b) When discharging a seaman, a consular officer who fails to require the payment of the wages due a seaman at the time, and of the extra wages due under subsection (a) of this section, is accountable to the United States Government for the total amount.
(c) A seaman discharged under this section with the consent of the seaman is entitled to wages up to the time of discharge, but not for any additional period.
(d) If the seaman is discharged involuntarily, and it appears that the discharge was not because of neglect of duty, incompetency, or injury incurred on the vessel, the master shall provide the seaman with employment on a vessel agreed to by the seaman or shall provide the seaman with one month’s extra wages.
(e) Expenses for the maintenance and return of an ill or injured seaman to the United States shall be paid by the Secretary of State. If a seaman is incapacitated by illness or injury and prompt discharge is necessary, but a personal appearance of the master before a consular officer is impracticable, the master may provide transportation to the seaman to the nearest consular officer for discharge.
(f) A deduction from wages of the seaman is permitted only if the deduction appears in the account of the seaman required to be delivered under section 10310 of this title, except for matters arising after delivery of the account, in which case a supplementary account is required. During a voyage, the master shall record in the official logbook the matters about which deductions are to be made with the amounts of the deductions. The entries shall be made as the matters occur. The master shall produce the official logbook at the time of payment of wages, and also before a competent authority on the hearing of any complaint or question about the payment of wages.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 568.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10318
46:682
46:683
Section 10318 establishes consular officers’ responsibilities in discharging seamen and the seamen’s right to wages when discharged and when incapacitated by illness or injury. It also requires a master to record in the official logbook all matters for which deductions are to be made from seamen’s wages.
46 U.S.C. § 10319 (SHIPPING)
§ 10319. Costs of a criminal conviction
In a proceeding about a seaman’s wages, if it is shown that the seaman was convicted during the voyage of an offense by a competent tribunal and sentenced by the tribunal, the court hearing the case may direct that a part of the wages due the seaman, but not more than $15, be applied to reimburse the master for costs properly incurred in procuring the conviction and sentence.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10319
46:707
Section 10319 provides that if a seaman was convicted during a voyage by a tribunal, that the court may direct that up to $15 of the seaman’s wages be used to reimburse the master for the costs incurred.
46 U.S.C. § 10320 (SHIPPING)
§ 10320. Records of seamen
The Secretary shall prescribe regulations requiring vessel owners to maintain records of seamen on matters of engagement, discharge, and service. A vessel owner shall make these records available to the seaman and the Coast Guard on request.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103–206, title IV, § 411, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10320
..............................................
Section 10320 authorizes the Secretary to provide for the maintenance of records of the engagement, discharge, or service of seamen.
heading: Amendments
text: 1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: “The Secretary may prescribe regulations for reporting by a master of matters about the engagement, discharge, or service of seamen that may be needed in keeping central records of seamen.”
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 10321 (SHIPPING)
§ 10321. General penalty
(a) A person violating any provision of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $5,000.
(b) The vessel is liable in rem for any penalty assessed under this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103–206, title IV, § 412, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10321
46:567
46:568
46:571
46:661
46:665
Section 10321 makes a vessel on which a seaman is carried to sea in violation of this chapter or regulation prescribed under this chapter liable in rem to the United States Government for a civil penalty of $200 for each seaman carried in violation.
heading: Amendments
text: 1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: “The owner, charterer, managing operator, agent, or master of a vessel on which a seaman is carried in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $200 for each seaman carried in violation. The vessel also is liable in rem for the penalty.”
46 U.S.C. § 10501 (SHIPPING)
§ 10501. Application
(a) Except for a vessel to which chapter 103 of this title applies, this chapter applies to a vessel of at least 50 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 in one State and a port in another State (except an adjoining State).
(b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage.
(c) Unless otherwise provided, this chapter does not apply to a foreign vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 104–324, title VII, § 738, Oct. 19, 1996, 110 Stat. 3941.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10501
46:574
Section 10501 specifies that vessels over 50 gross tons that are not subject to chapter 103 and are engaged on voyages between two states (except for adjoining states) are subject to the provisions of this chapter. Specifically excluded are foreign vessels and vessels on which seamen share the profits.
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 “50 gross tons”.
46 U.S.C. § 10502 (SHIPPING)
§ 10502. Shipping articles agreements
(a) The owner, charterer, managing operator, master, or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment.
(b) The agreement shall include the date and hour on which the seaman must be on board to begin the voyage.
(c) The agreement may not contain a provision on the allotment of wages or a scale of provisions.
(d) Each shipping agreement must be signed by the master or individual in charge or a representative of the owner, charterer, or managing operator, and by each seaman employed.
(e) The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.
(f) The Secretary shall prescribe regulations requiring shipping companies to maintain records of seamen on matters of engagement, discharge, and service. The shipping companies shall make these records available to the seaman and the Coast Guard on request.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 103–206, title IV, § 413, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10502
46:574
Section 10502 requires the master on a vessel engaged on a coastwise voyage to sign a shipping agreement with each member of the crew and lists provisions which must be and provisions which may not be included in the agreement.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206, § 413(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman on board, declaring the nature of the voyage or the period of time for which the seaman is engaged.”
Subsecs. (d) to (f). Pub. L. 103–206, § 413(2), added subsecs. (d) to (f).
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 10503 (SHIPPING)
§ 10503. Exhibiting merchant mariners’ documents
Before signing the agreement required by section 10502 of this title, a seaman required by section 8701 of this title to have a merchant mariner’s document shall exhibit to the master a document issued to the seaman and appropriately endorsed for the capacity in which the seaman is to serve.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10503
46:643
Under section 10503 seamen who are required to have a merchant mariner’s document must exhibit it before signing a shipping agreement on a coastwise voyage.
46 U.S.C. § 10505 (SHIPPING)
§ 10505. Advances
(a)
(1) A person may not—
(A) pay a seaman wages in advance of the time when the seaman has earned the wages;
(B) pay advance wages of the seaman to another person; or
(C) make to another person an order, note, or other evidence of indebtedness of the wages, or pay another person, for the engagement of seamen when payment is deducted or to be deducted from the seaman’s wage.
(2) A person violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000. A payment made in violation of this subsection does not relieve the vessel or the master from the duty to pay all wages after they have been earned.
(b) A person demanding or receiving from a seaman or an individual seeking employment as a seaman, remuneration for providing the seaman or individual with employment, is liable to the Government for a civil penalty of not more than $5,000.
(c) The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement required by section 10502 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with.
(d) This section does not apply to a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 103–206, title IV, § 414, Dec. 20, 1993, 107 Stat. 2437.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10505
46:598
46:599
Section 10505 prohibits any person from paying a seaman on a coastwise voyage advance wages, or to pay to another person any form of a seaman’s wages prior to the commencement of the seaman’s employment. It also prohibits a person from seeking or receiving remuneration for providing a seaman with employment. This section also requires that a vessel comply with this section before clearing port. It provides penalties for offenses of its provisions. The section does not apply to fishing vessels, whaling vessels, or yachts, but does apply to vessels taking oysters.
heading: Amendments
text: 1993—Subsec. (a)(2). Pub. L. 103–206, § 414(1), substituted “$5,000” for “$100”.
Subsec. (b). Pub. L. 103–206, § 414(2), substituted “$5,000” for “$500”.
1986—Subsec. (d). Pub. L. 99–640 struck out last sentence which read as follows: “However, this section applies to a vessel taking oysters.”
46 U.S.C. § 10506 (SHIPPING)
§ 10506. Trusts
Section 10505 of this title does not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if—
(1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and
(2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents:
(A) medical or hospital care, or both.
(B) pensions on retirement or death of the seaman.
(C) life insurance.
(D) unemployment benefits.
(E) compensation for illness or injuries resulting from occupational activity.
(F) sickness, accident, and disability compensation.
(G) purchasing insurance to provide any of the benefits specified in this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10506
46:599
Section 10506 permits deductions to be made from wages of seamen on coastwise voyages if the deductions are to be used for the benefit of the seamen or their families.
46 U.S.C. § 10507 (SHIPPING)
[§ 10507. Repealed. Pub. L. 103–206, title IV, § 415(a), Dec. 20, 1993, 107 Stat. 2438]
text: Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571, related to duties of shipping commissioners.
46 U.S.C. § 10508 (SHIPPING)
§ 10508. General penalties
(a) A master who carries a seaman on a voyage without first making the agreement required by section 10502 of this title shall pay to the seaman the highest wage that was paid for a similar voyage within the 3 months before the time of engagement at the port or place at which the seaman was engaged. A seaman who has not signed an agreement is not bound by the applicable regulations, penalties, or forfeitures.
(b) A master engaging a seaman in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103–206, title IV, § 416, Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10508
46:575
Section 10508 provides for a fair wage to be paid to a seaman who was engaged without a shipping agreement, and also exempts the seaman under certain conditions from applicable regulations, penalties or forfeitures. It also provides a penalty for violation of its provisions.
heading: Amendments
text: 1993—Subsec. (b). Pub. L. 103–206 substituted “not more than $5,000” for “$20”.
46 U.S.C. § 10509 (SHIPPING)
§ 10509. Penalty for failing to begin voyage
(a) A seaman who fails to be on board at the time contained in the agreement required by section 10502 of this title, without having given 24 hours’ notice of inability to do so, shall forfeit, for each hour’s lateness, one-half of one day’s pay to be deducted from the seaman’s wages if the lateness is recorded in the official logbook on the date of the violation.
(b) A seaman who does not report at all or subsequently deserts forfeits all wages.
(c) This section does not apply to a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10509
46:576
This section provides for a reduction in the wages of seamen who arrive late for voyages, if their late arrival is noted in the official logbook. It does not apply to fishing vessels, whaling vessels or yachts.
46 U.S.C. § 10601 (SHIPPING)
§ 10601. Fishing agreements
(a) Before proceeding on a voyage, the owner, charterer, or managing operator, or a representative thereof, including the master or individual in charge, of a fishing vessel, fish processing vessel, or fish tender vessel shall make a fishing agreement in writing with each seaman employed on board if the vessel is—
(1) at least 20 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; and
(2) on a voyage from a port in the United States.
(b) The agreement shall—
(1) state the period of effectiveness of the agreement;
(2) include the terms of any wage, share, or other compensation arrangement peculiar to the fishery in which the vessel will be engaged during the period of the agreement; and
(3) include other agreed terms.
(Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat. 1591; Pub. L. 104–324, title VII, § 739, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 107–295, title IV, § 441(a), (b), Nov. 25, 2002, 116 Stat. 2131.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10601
46:531
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–295, § 441(a), (b)(1), in introductory provisions, inserted “owner, charterer, or managing operator, or a representative thereof, including the” after “on a voyage, the” and comma after “individual in charge” and substituted “employed” for “enployed”.
Subsecs. (b), (c). Pub. L. 107–295, § 441(b)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The agreement shall be signed also by the owner of the vessel.”
1996—Subsec. (a)(1). 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 “20 gross tons”.
heading: Agreements Deemed Compliant
text: Pub. L. 107–295, title IV, § 441(c), Nov. 25, 2002, 116 Stat. 2131, as amended by Pub. L. 108–199, div. H, § 137(a), Jan. 23, 2004, 118 Stat. 442, provided that: “An agreement that complies with the requirements of section 10601(a) of title 46, United States Code, as herein amended, is hereby deemed to have been in compliance with subsections (a) and (b) of section 10601 of title 46, United States Code, as in effect prior to November 25, 2002.”
[Pub. L. 108–199, div. H, § 137(b), Jan. 23, 2004, 118 Stat. 442, provided that: “The amendments made by subsection (a) [amending section 441(c) of Pub. L. 107–295, set out above] apply to all proceedings pending on or commenced after the date of enactment of this Act [Jan. 23, 2004].”
]
46 U.S.C. § 10602 (SHIPPING)
§ 10602. Recovery of wages and shares of fish under agreement
(a) When fish caught under an agreement under section 10601 of this title are delivered to the owner of the vessel for processing and are sold, the vessel is liable in rem for the wages and shares of the proceeds of the seamen. An action under this section must be brought within six months after the sale of the fish.
(b)
(1) In an action under this section, the owner shall produce an accounting of the sale and division of proceeds under the agreement. If the owner fails to produce the accounting, the vessel is liable for the highest value alleged for the shares.
(2) The owner may offset the value of general supplies provided for the voyage and other supplies provided the seaman bringing the action.
(c) This section does not affect a common law right of a seaman to bring an action to recover the seaman’s share of the fish or proceeds.
(Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat. 1592.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10602
46:533, 534
46 U.S.C. § 10603 (SHIPPING)
§ 10603. Seaman’s duty to notify employer regarding illness, disability, and injury
(a) A seaman on a fishing vessel, fish processing vessel, or fish tender vessel shall notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.
(b) The Secretary shall prescribe regulations requiring that each fishing vessel, fish processing vessel, and fish tender vessel shall have on board a placard displayed in a prominent location accessible to the crew describing the seaman’s duty under subsection (a) of this section.
(Pub. L. 100–424, § 6(a), Sept. 9, 1988, 102 Stat. 1592.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
10603
New