dreamproit/uscode huggingface dataset:
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: Editorial Notes
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. § 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: Editorial Notes
heading: Amendments
text: 1993—Subsec. (b). Pub. L. 103–206 substituted “not more than $5,000” for “$20”.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.