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Title 46, ShippingRelease 119-102

§11104 Destitute Seamen

Title 46 › Subtitle II — Vessels and Seamen › Part G — Merchant Seamen Protection and Relief › CHAPTER 111 — PROTECTION AND RELIEF › § 11104

Last updated Aug 21, 2026|Official source

Summary

Consular officers must pay for a destitute U.S. seaman’s food and travel to a U.S. port. If able, they must serve by their rating. A U.S. ship master must take such a seaman aboard when asked by a consular officer or pay a $100 penalty. The master may refuse if it would exceed the ship’s allowed people or the seaman is contagious. Payment for transporting seamen who cannot work is agreed under rules set by the Secretary of State but cannot exceed the lowest passenger fare or 2 cents a mile.

Full Legal Text

Title 46, §11104

Shipping, Source: USLM XML via OLRC

(a)A consular officer shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the seaman’s rating.
(b)A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease.
(c)Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less.
(d)When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 11104(a)46:678 11104(b)–(d)46:679 section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government.

Reference

Citations & Metadata

Citation

46 U.S.C. § 11104

Title 46, Shipping

Last Updated

Aug 21, 2026

Release point: 119-102