46 U.S.C. § 10315

Allotments

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(a) Under prescribed regulations, a seaman may stipulate as follows in the agreement required by section 10302 of this title for an allotment 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 Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.(b) An allotment is valid only if made in writing 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 voyage 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 section is lawful. A person falsely claiming qualification as an allottee under this section is liable to the United States Government for a civil penalty of not more than $500.(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 at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with.(e) 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.(f)Deposits in Seaman Account.—By written request signed by the seaman, a seaman employed on a passenger vessel capable of carrying more than 500 passengers may authorize the master, owner, or operator of the vessel, or the employer of the seaman, to make deposits of wages of the seaman into a checking, savings, investment, or retirement account, or other account to secure a payroll or debit card for the seaman if—(1) the wages designated by the seaman for such deposit are deposited in a United States or international financial institution designated by the seaman;(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by the government of the country in which the financial institution is licensed;(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and(4) while on board the vessel on which the seaman is employed, the seaman is able to arrange for withdrawal of all funds on deposit in the account in which the wages are deposited.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 111–281, title IX, § 902(a)(2), Oct. 15, 2010, 124 Stat. 3009.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
10315	46:599

Section 10315 lists the persons to whom a seaman may allot wages, specifies the conditions which make an allotment valid, and provides a civil penalty of $500 for falsely claiming qualification as an allottee. It also requires that this section be complied with before a vessel can be cleared from a United States port. This section applies to foreign vessels.

Editorial NotesAmendments

2010—Subsec. (f). Pub. L. 111–281 added subsec. (f).

Statutory Notes and Related SubsidiariesTransfer of Functions

Federal Savings and Loan Insurance Corporation abolished and functions transferred, see sections 401 to 406 of Pub. L. 101–73, set out as a note under section 1437 of Title 12, Banks and Banking.

Notes of Decisions

Cited in 4 cases, 1987–2013 · leading case: Smith v. Seaport Marine, Inc., 919 F. Supp. 2d 1267 (S.D. Ala. 2013).

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Smith v. Seaport Marine, Inc., 919 F. Supp. 2d 1267 (S.D. Ala. 2013). · cites it 4× “Seaport’s final'argument for dismissal of Count I is that “Plaintiff has not and cannot truthfully allege facts that prove a violation of 46 U.S.C. § 10315 (c).” (doc. 11-1, at 6.”

Jurich v. Compass Marine, Inc., 906 F. Supp. 2d 1225 (S.D. Ala. 2012). “These would include allotments to certain of the seaman’s relatives, to certain government agencies for the purpose of purchasing federal savings bonds, and to certain accounts opened by the seaman and maintained in his name.”

Smith v. Seaport Marine, Inc., 981 F. Supp. 2d 1188 (S.D. Ala. 2013). “” 46 U.S.C. § 10315 (a)(l-3). The facts of this case do not fit any of those binding allotment scenarios; therefore, Smith’s pre-payment assignment of wages to Seaport Marine was not binding on him, under the plain language of § 11109(b).”

Henry v. The SS Bermuda Star, 663 F. Supp. 1226 (E.D. La. 1987). · cites it 3× “The Court’s focus here is on the issue whether the defendant’s practice of withholding amounts to be applied to repatriation expenses constitutes a violation of 46 U.S.C. § 10315 , rendering the defendant liable for the penalties provided in 46 U.”

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