dreamproit/uscode huggingface dataset:
46 U.S.C. § 11106 (SHIPPING)
§ 11106. Wages on justifiable complaint of seamen
(a) Before a seaman on a vessel of the United States is discharged in a foreign country by a consular officer on the seaman’s complaint that the agreement required by this part has been breached because the vessel is badly provisioned or unseaworthy, or against the officers for cruel treatment, the officer shall inquire about the complaint. If satisfied of the justice of the complaint, the consular officer shall require the master to pay the wages due the seaman plus one month’s additional wages and shall discharge the seaman. The master shall provide the seaman with employment on another vessel or provide the seaman with passage on another vessel to the port of original engagement, to the most convenient port of the United States, or to some port agreeable to the seaman.
(b) When a vessel does not have sufficient provisions for the intended voyage, and the seaman has been forced to accept a reduced ration or provisions that are bad in quality or unfit for use, the seaman is entitled to recover from the master or owner an allowance, as additional wages, that the court hearing the case considers reasonable.
(c) Subsection (b) of this section does not apply when the reduction in rations was for a period during which the seaman willfully and without sufficient cause failed to perform duties or was lawfully under confinement on board or on shore for misconduct, unless that reduction can be shown to have been unreasonable.
(d) Subsection (b) of this section does not apply to a fishing or whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 579.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11106(a)
46:685
11106(b)–(d)
46:665
Section 11106 provides compensation to seamen on United States vessels when a shipping agreement is breached. It does not apply to fishing vessels, whaling vessels or yachts.
46 U.S.C. § 11107 (SHIPPING)
§ 11107. Unlawful engagements void
An engagement of a seaman contrary to a law of the United States is void. A seaman so engaged may leave the service of the vessel at any time and is entitled to recover the highest rate of wages at the port from which the seaman was engaged or the amount agreed to be given the seaman at the time of engagement, whichever is higher.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11107
46:578
Section 11107 entitles seamen engaged contrary to any United States law to leave the service of the vessel without loss of wages.
46 U.S.C. § 11108 (SHIPPING)
§ 11108. Taxes
(a) Withholding.—
Wages due or accruing to a master or seaman on a vessel in the foreign, coastwise, intercoastal, interstate, or noncontiguous trade or an individual employed on a fishing vessel or any fish processing vessel may not be withheld under the tax laws of a State or a political subdivision of a State. However, this section does not prohibit withholding wages of a seaman on a vessel in the coastwise trade between ports in the same State if the withholding is under a voluntary agreement between the seaman and the employer of the seaman.
(b) Liability.—
(1) Limitation on jurisdiction to tax.—
An individual to whom this subsection applies is not subject to the income tax laws of a State or political subdivision of a State, other than the State and political subdivision in which the individual resides, with respect to compensation for the performance of duties described in paragraph (2).
(2) Application.—
This subsection applies to an individual—
(A) engaged on a vessel to perform assigned duties in more than one State as a pilot licensed under section 7101 of this title or licensed or authorized under the laws of a State; or
(B) who performs regularly assigned duties while engaged as a master, officer, or crewman on a vessel operating on navigable waters in 2 or more States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98–364, title IV, § 402(14), July 17, 1984, 98 Stat. 450; Pub. L. 106–489, § 1, Nov. 9, 2000, 114 Stat. 2207; Pub. L. 111–281, title IX, § 906, Oct. 15, 2010, 124 Stat. 3012.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11108
46:601
Section 11108 prohibits the mandatory withholding of state or local taxes from crewmembers on certain specified vessels. It permits, however, voluntary withholding agreements.
heading: Amendments
text: 2010—Subsec. (b)(2)(B). Pub. L. 111–281 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “who performs regularly-assigned duties while engaged as a master, officer, or crewman on a vessel operating on the navigable waters of more than one State.”
2000—Pub. L. 106–489 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1984—Pub. L. 98–364 substituted “an individual employed on a fishing vessel or any fish processing vessel” for “a fisherman employed on a fishing vessel”.
46 U.S.C. § 11109 (SHIPPING)
§ 11109. Attachment of wages
(a) Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master’s or seaman’s wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages.
(b) An assignment or sale of wages or salvage made before the payment of wages does not bind the party making it, except allotments authorized by section 10315 of this title.
(c) This section applies to an individual employed on a fishing vessel or any fish processing vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98–364, title IV, § 402(15), July 17, 1984, 98 Stat. 450.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11109
46:601
Section 11109 limits the attachment of a seaman’s wages and establishes certain rules for the assignment of a seaman’s wages. It also applies to fishermen on fishing vessels.
heading: Amendments
text: 1984—Subsec. (c). Pub. L. 98–364 substituted “an individual employed on a fishing vessel or any fish processing vessel” for “a fisherman on a fishing vessel”.
46 U.S.C. § 11110 (SHIPPING)
§ 11110. Seamen’s clothing
The clothing of a seaman is exempt from attachments and liens. A person detaining a seaman’s clothing shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11110
46:563
Section 11110 exempts seamen’s clothing from attachments and liens. It also provides a penalty for violations.
46 U.S.C. § 11111 (SHIPPING)
§ 11111. Limit on amount recoverable on voyage
When a seaman is on a voyage on which a written agreement is required under this part, not more than $1 is recoverable from the seaman by a person for a debt incurred by the seaman during the voyage for which the seaman is signed on until the voyage is ended.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11111
46:602
Section 11111 limits the amount of money recoverable from a seaman for a debt incurred while on a voyage on which a shipping agreement is required.
46 U.S.C. § 11112 (SHIPPING)
§ 11112. Master’s lien for wages
The master of a documented vessel has the same lien against the vessel for the master’s wages and the same priority as any other seaman serving on the vessel.
(Added Pub. L. 99–307, § 1(19)(B), May 19, 1986, 100 Stat. 446.)
46 U.S.C. § 11201 (SHIPPING)
§ 11201. Eligibility for veterans’ burial and cemetery benefits
(a) Eligibility.—
(1) In general.—
The qualified service of a person referred to in paragraph (2) shall be considered to be active duty in the Armed Forces during a period of war for purposes of eligibility for benefits under the following provisions of title 38:
(A) Chapter 23 (relating to burial benefits).
(B) Chapter 24 (relating to interment in national cemeteries).
(2) Covered individuals.—
Paragraph (1) applies to a person who—
(A) receives an honorable service certificate under section 11203 of this title; and
(B) is not eligible under any other provision of law for benefits under laws administered by the Secretary of Veterans Affairs.
(b) Reimbursement for Benefits Provided.—
The Secretary shall reimburse the Secretary of Veterans Affairs for the value of benefits that the Secretary of Veterans Affairs provides for a person by reason of eligibility under this section.
(c) Applicability.—
(1) General rule.—
Benefits may be provided under the provisions of law referred to in subsection (a)(1) by reason of this chapter only for deaths occurring after the date of the enactment of this chapter.
(2) Burials, etc. in national cemeteries.—
Notwithstanding paragraph (1), in the case of an initial burial or columbarium placement after the date of the enactment of this chapter, benefits may be provided under chapter 24 of title 38 by reason of this chapter (regardless of the date of death), and in such a case benefits may be provided under section 2306 of such title.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3336.)
heading: References in Text
text: The date of the enactment of this chapter, referred to in subsec. (c), is the date of enactment of Pub. L. 105–368, which was approved Nov. 11, 1998.
46 U.S.C. § 11202 (SHIPPING)
§ 11202. Qualified service
For purposes of this chapter, a person shall be considered to have engaged in qualified service if, between August 16, 1945, and December 31, 1946, the person—
(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—
(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);
(B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;
(C) under contract or charter to, or property of, the Government of the United States; and
(D) serving the Armed Forces; and
(2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3336.)
46 U.S.C. § 11203 (SHIPPING)
§ 11203. Documentation of qualified service
(a) Record of Service.—
The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense, shall, upon application—
(1) issue a certificate of honorable service to a person who, as determined by that Secretary, engaged in qualified service of a nature and duration that warrants issuance of the certificate; and
(2) correct, or request the appropriate official of the Federal Government to correct, the service records of that person to the extent necessary to reflect the qualified service and the issuance of the certificate of honorable service.
(b) Timing of Documentation.—
A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt.
(c) Standards Relating to Service.—
In making a determination under subsection (a)(1), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).
(d) Correction of Records.—
An official who is requested under subsection (a)(2) to correct the service records of a person shall make such correction.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3337.)
heading: References in Text
text: Section 401(a)(1)(B) of the GI Bill Improvement Act of 1977, referred to in subsec. (c), is section 401(a)(1)(B) of Pub. L. 95–202, which is set out as a note under section 106 of Title 38, Veterans’ Benefits.
46 U.S.C. § 11204 (SHIPPING)
§ 11204. Processing fees
(a) Collection of Fees.—
The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense, shall collect a fee of $30 from each applicant for processing an application submitted under section 11203(a) of this title.
(b) Treatment of Fees Collected.—
Amounts received by the Secretary under this section shall be deposited in the General Fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. Amounts received by the Secretary of Defense under this section shall be deposited in the General Fund of the Treasury as offsetting receipts of the Department of Defense. In either case, such amounts shall be available, subject to appropriation, for the administrative costs of processing applications under section 11203 of this title.
(Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3337.)
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. § 11302 (SHIPPING)
§ 11302. Manner of making entries
Each entry made in the official logbook—
(1) shall be made as soon as possible after the occurrence;
(2) if not made on the day of the occurrence, shall be dated and state the date of the occurrence;
(3) if the entry is about an occurrence happening before the vessel’s arrival at the final port of discharge, shall be made not later than 24 hours after the arrival;
(4) shall be signed by the master; and
(5) shall be signed by the chief mate or another seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11302
46:202
Section 11302 describes the manner in which entries shall be made in the logbook, specifying when they shall be made, who shall sign them, and requiring that they shall be dated.
46 U.S.C. § 11303 (SHIPPING)
§ 11303. Penalties
(a) A master failing to maintain an official logbook as required by this part is liable to the United States Government for a civil penalty of $200.
(b) A master failing to make an entry in the vessel’s official logbook as required by this part is liable to the Government for a civil penalty of $200.
(c) A person is liable to the Government for a civil penalty of $150 when the person makes, procures to be made, or assists in making, an entry in the vessel’s official logbook—
(1) later than 24 hours after the vessel’s arrival at the final port of discharge; and
(2) that is about an occurrence that happened before that arrival.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11303
46:203
Section 11303 provides a penalty for violation of the provisions about logbooks in this part.
46 U.S.C. § 11304 (SHIPPING)
§ 11304. Additional logbook and entry requirements
(a) A vessel of the United States that is subject to inspection under section 3301 of this title, except a vessel on a voyage from a port in the United States to a port in Canada, shall have an official logbook, which shall be kept available for review by the Secretary on request.
(b) The log book required by subsection (a) shall include the following entries:
(1) The time when each seaman and each officer assumed or relieved the watch.
(2) The number of hours in service to the vessels of each seaman and each officer.
(3) An account of each accident, illness, and injury that occurs during each watch.
(Added Pub. L. 111–281, title VI, § 607(a), Oct. 15, 2010, 124 Stat. 2967.)
46 U.S.C. § 11501 (SHIPPING)
§ 11501. Penalties for specified offenses
When a seaman lawfully engaged commits any of the following offenses, the seaman shall be punished as specified:
(1) For desertion, the seaman forfeits any part of the money or property the seaman leaves on board and any part of earned wages.
(2) For neglecting or refusing without reasonable cause to join the seaman’s vessel or to proceed to sea in the vessel, for absence without leave within 24 hours of the vessel’s sailing from a port (at the beginning or during the voyage), or for absence without leave from duties and without sufficient reason, the seaman forfeits from the seaman’s wages not more than 2 days’ pay or a sufficient amount to defray expenses incurred in hiring a substitute.
(3) For quitting the vessel without leave after the vessel’s arrival at the port of delivery and before the vessel is placed in security, the seaman forfeits from the seaman’s wages not more than one month’s pay.
(4) For willful disobedience to a lawful command at sea, the seaman, at the discretion of the master, may be confined until the disobedience ends, and on arrival in port forfeits from the seaman’s wages not more than 4 days’ pay or, at the discretion of the court, may be imprisoned for not more than one month.
(5) For continued willful disobedience to lawful command or continued willful neglect of duty at sea, the seaman, at the discretion of the master, may be confined, on water and 1,000 calories, with full rations every 5th day, until the disobedience ends, and on arrival in port forfeits, for each 24 hours’ continuance of the disobedience or neglect, not more than 12 days’ pay or, at the discretion of the court, may be imprisoned for not more than 3 months.
(6) For assaulting a master, mate, pilot, engineer, or staff officer, the seaman shall be imprisoned for not more than 2 years.
(7) For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, the seaman forfeits from the seaman’s wages the amount of the loss sustained and, at the discretion of the court, may be imprisoned for not more than 12 months.
(8) For smuggling for which a seaman is convicted causing loss or damage to the owner or master, the seaman is liable to the owner or master for the loss or damage, and any part of the seaman’s wages may be retained to satisfy the liability. The seaman also may be imprisoned for not more than 12 months.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11501
46:701
Section 11501 provides penalties for specific offenses committed by seamen.
46 U.S.C. § 11502 (SHIPPING)
§ 11502. Entry of offenses in logbook
(a) When an offense listed in section 11501 of this title is committed, an entry shall be made in the vessel’s official logbook—
(1) on the day of the offense;
(2) stating the details;
(3) signed by the master; and
(4) signed by the chief mate or another seaman.
(b) Before arrival in port if the offense was committed at sea, or before departure if the offense was committed in port and the offender is still on the vessel—
(1) the entry shall be read to the offender;
(2) the offender shall be given a copy; and
(3) the offender shall be given the opportunity to reply.
(c) After subsection (b) of this section has been complied with, an entry shall be made in the official logbook—
(1) stating that the entry about the offense was read and a copy provided to the offender;
(2) stating the offender’s reply;
(3) signed by the master; and
(4) signed by the chief mate or another seaman.
(d) In a subsequent legal proceeding, if the entries required by this section are not produced or proved, the court may refuse to receive evidence of the offense.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 583.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11502
46:702
Section 11502 describes the manner in which offenses must be recorded in the official logbook, and the use of the records by the court.
46 U.S.C. § 11503 (SHIPPING)
§ 11503. Duties of consular officers related to insubordination
(a) A consular officer shall use every means to discountenance insubordination on vessels of the United States, including employing the aid of local authorities.
(b) When a seaman is accused of insubordination, a consular officer shall inquire into the facts and proceed as provided in section 11106 of this title. If the consular officer discharges the seaman, the officer shall endorse the agreement required by this part and enter in the vessel’s official logbook the cause and particulars of the discharge.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 583.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11503
46:703
Section 11503 delegates to consular officers certain responsibilities related to insubordination of seamen on United States vessels.
46 U.S.C. § 11504 (SHIPPING)
§ 11504. Enforcement of forfeitures
When an offense by a seaman also is a criminal violation, it is not necessary that a criminal proceeding be brought to enforce a forfeiture.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11504
46:705
Section 11504 provides that when a seaman has committed a criminal offense, a forfeiture may be enforced through civil proceedings.
46 U.S.C. § 11505 (SHIPPING)
§ 11505. Disposal of forfeitures
(a) Money, property, and wages forfeited under this chapter for desertion may be applied to compensate the owner or master of the vessel for expenses caused by the desertion. The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.
(b) If it appears to the district court that the forfeiture was imposed properly, the property transferred may be sold in the same manner prescribed for the disposition of the property of deceased seamen. The court shall deposit in the Treasury as miscellaneous receipts the proceeds of the sale and any money and wages transferred to the court.
(c) When an owner or master fails to transfer the balance as required under subsection (a) of this section, the owner or master is liable to the United States Government for a civil penalty of 2 times the amount of the balance, recoverable by the Secretary in the same manner that seaman’s wages are recovered.
(d) In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the owner of the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584; Pub. L. 103–206, title IV, § 421, Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11505
46:706
Section 11505 provides for the disposal of wages forfeited by deserting seamen.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206, § 421(1), substituted “The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.” for “The balance shall be transferred to the Secretary when the voyage is completed, as prescribed by the Secretary.”
Subsec. (b). Pub. L. 103–206, § 421(2), struck out at beginning “Within one month of receiving the balance under subsection (a) of this section, the Secretary shall transfer the balance to the appropriate district court of the United States.”