46 U.S.C. § 10314 — Advances

Page 182 TITLE 46—SHIPPING § 10314 States. The courts are available to the seaman for the enforcement of this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 566; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 111–281, title IX, § 902(a)(1), Oct. 15, 2010, 124 Stat. 3008.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10313(a) ........................................ 46:591 10313(b) ........................................ 46:592 46:593 10313(c) ........................................ 46:594 10313(d) ........................................ 46:595 10313(e)–(i) ................................... 46:596 46:597 46:598 Section 10313 provides that a seaman’s entitlement to wages begins when the seaman begins work, or as speci- fied in the shipping agreement. This section also quali- fies a seaman’s entitlement to wages if the vessel is lost or wrecked, if the seaman is discharged improp- erly, or if the seaman unlawfully failed to work or was imprisoned. It also establishes procedures for the pay- ment of wages at each port the vessel loads or unloads cargo, and at the end of the voyage. This section ap- plies to seamen on foreign vessels in United States har- bors, but not to fishing vessels, whaling vessels or yachts. Editorial Notes AMENDMENTS 2010—Subsec. (g). Pub. L. 111–281 designated existing provisions as par. (1), substituted ‘‘(1) Subject to para- graph (2), when’’ for ‘‘When’’, and added pars. (2) and (3). 1986—Subsec. (e). Pub. L. 99–640 struck out last sen- tence which read as follows: ‘‘However, this subsection applies to a vessel taking oysters.’’ Subsec. (h). Pub. L. 99–640 struck out last sentence which read as follows: ‘‘However, subsections (f) and (g) apply to a vessel taking oysters.’’ § 10314. 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 an- other 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 de- ducted from the seaman’s wage. (2) A person violating this subsection is liable to the United States Government for a civil pen- alty of not more than $500. 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 sea- man or individual with employment, is liable to the Government for a civil penalty of not more than $500. (c) This section applies to a foreign vessel when in waters of the United States. An owner, charterer, managing operator, agent, or master of a foreign vessel violating this section is liable to the Government for the same penalty as an owner, charterer, managing operator, agent, or master of a vessel of the United States for the same violation. (d) 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 10302 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (e) This section does not apply to a fishing or whaling vessel or a yacht. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10314 ............................................ 46:599 Section 10314 forbids advance payment of wages to seamen prior to the commencement of the seaman’s employment. It provides a civil penalty of $500 for any person making such a payment, and for any person de- manding or receiving remuneration for providing a sea- man with employment. This means that the use of em- ployment agencies for hiring seamen is prohibited. It also requires compliance with section 10302 regarding the signing of articles of agreement before a vessel can be cleared from a United States port. This section ap- plies to foreign vessels in United States waters but not to fishing vessels, whaling vessels or yachts. Editorial Notes AMENDMENTS 1986—Subsec. (e). Pub. L. 99–640 struck out last sen- tence which read as follows: ‘‘However, this section ap- plies to a vessel taking oysters.’’ § 10315. Allotments (a) Under prescribed regulations, a seaman may stipulate as follows in the agreement re- quired by section 10302 of this title for an allot- ment of any part of the wages the seaman may earn: (1) to the seaman’s grandparents, parents, spouse, sister, brother, or children; (2) to an agency designated by the Secretary of the Treasury to handle applications for United States savings bonds, to purchase bonds for the seaman; and (3) for deposits to be made in an account for savings or investment opened by the seaman and maintained in the seaman’s name at a savings bank or a savings institution in which the accounts are insured by the Federal De- posit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. (b) An allotment is valid only if made in writ- ing and signed by and approved by a shipping commissioner. The shipping commissioner shall examine allotments and the parties to them to enforce compliance with the law. Stipulations for allotments made at the beginning of a voy- age shall be included in the agreement and shall state the amounts and times of payment and the person to whom payments are to be made. (c) Only an allotment complying with this sec- tion is lawful. A person falsely claiming quali- fication as an allottee under this section is lia- ble to the United States Government for a civil penalty of not more than $500.