US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 111: Protection and relief

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Merchant Seamen protection and relief

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 19 páginas
publicidad

-CITE-

46 USC CHAPTER 111 - PROTECTION AND RELIEF 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

CHAPTER 111 - PROTECTION AND RELIEF

-MISC1-

Sec.

11101. Accommodations for seamen.

11102. Medicine chests.

11103. Slop chests.

11104. Destitute seamen.

11105. Wages on discharge when vessel sold.

11106. Wages on justifiable complaint of seamen.

11107. Unlawful engagements void.

11108. Taxes.

11109. Attachment of wages.

11110. Seamen's clothing.

11111. Limit on amount recoverable on voyage.

11112. Master's lien for wages.

AMENDMENTS

1986 - Pub. L. 99-307, Sec. 1(19)(A), May 19, 1986, 100 Stat.

446, added item 11112.

-End-

-CITE-

46 USC Sec. 11101 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11101. Accommodations for seamen

-STATUTE-

(a) On a merchant vessel of the United States the construction of

which began after March 4, 1915 (except a yacht, pilot vessel, or

vessel of less than 100 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) -

(1) each place appropriated to the crew of the vessel shall

have a space of at least 120 cubic feet and at least 16 square

feet, measured on the floor or deck of that place, for each

seaman or apprentice lodged in the vessel;

(2) each seaman shall have a separate berth and not more than

one berth shall be placed one above another;

(3) the place or berth shall be securely constructed, properly

lighted, drained, heated, and ventilated, properly protected from

weather and sea, and, as far as practicable, properly shut off

and protected from the effluvium of cargo or bilge water; and

(4) crew space shall be kept free from goods or stores that are

not the personal property of the crew occupying the place in use

during the voyage.

(b) In addition to the requirements of subsection (a) of this

section, a merchant vessel of the United States that in the

ordinary course of trade makes a voyage of more than 3 days'

duration between ports and carries a crew of at least 12 seamen

shall have a hospital compartment, suitably separated from other

spaces. The compartment shall have at least one bunk for each 12

seamen constituting the crew (but not more than 6 bunks may be

required).

(c) A steam vessel of the United States operating on the

Mississippi River or its tributaries shall provide, under the

direction and approval of the Secretary, an appropriate place for

the crew that shall conform to the requirements of this section, as

far as they apply to the steam vessel, by providing a properly

heated sleeping room in the engineroom of the steam vessel properly

protected from the cold, wind, and rain by means of suitable

awnings or screens on either side of the guards or sides and

forward, reaching from the boiler deck to the lower or main deck.

(d) A merchant vessel of the United States, the construction of

which began after March 4, 1915, having more than 10 seamen on

deck, shall have at least one lighted, clean, and properly heated

and ventilated washing place. There shall be provided at least one

washing outfit for each 2 seamen of the watch. A separate washing

place shall be provided for the fireroom and engineroom seamen, if

their number is more than 10, that shall be large enough to

accommodate at least one-sixth of them at the same time, and have a

hot and cold water supply and a sufficient number of washbasins,

sinks, and shower baths.

(e) Forecastles shall be fumigated at intervals provided by

regulations prescribed by the Secretary of Health and Human

Services, with the approval of the Secretary, and shall have at

least 2 exits, one of which may be used in emergencies.

(f) The owner, charterer, managing operator, agent, master, or

licensed individual of a vessel not complying with this section is

liable to the United States Government for a civil penalty of at

least $50 but not more than $500.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 577; Pub. L. 99-36, Sec.

1(a)(6), May 15, 1985, 99 Stat. 67; Pub. L. 104-324, title VII,

Sec. 740, Oct. 19, 1996, 110 Stat. 3942.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11101 46:660-1

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Section 11101 provides mandatory standards for crew

accommodations and a penalty for noncompliance with those

standards.

AMENDMENTS

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 "100 gross tons" in introductory

provisions.

1985 - Subsec. (d). Pub. L. 99-36 substituted "lighted" for

"light".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 446b of Appendix to this

title.

-End-

-CITE-

46 USC Sec. 11102 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11102. Medicine chests

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 578; Pub. L. 104-324, title

VII, Sec. 741, Oct. 19, 1996, 110 Stat. 3942.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11102(a) 46:666

11102(b) 46:667

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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.

AMENDMENTS

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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11103 of this title.

-End-

-CITE-

46 USC Sec. 11103 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11103. Slop chests

-STATUTE-

(a) A vessel to which section 11102 of this title applies shall

be provided with a slop chest containing sufficient clothing for

the intended voyage for each seaman, including -

(1) boots or shoes;

(2) hats or caps;

(3) underclothing;

(4) outer clothing;

(5) foul weather clothing;

(6) everything necessary for the wear of a seaman; and

(7) a complete supply of tobacco and blankets.

(b) Merchandise in the slop chest shall be sold to a seaman

desiring it, for the use of the seaman, at a profit of not more

than 10 percent of the reasonable wholesale value of the

merchandise at the port at which the voyage began.

(c) This section does not apply to a vessel on a voyage to

Canada, Bermuda, the West Indies, Mexico, or Central America, or a

fishing or whaling vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 578.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11103 46:670

46:671

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Section 11103 requires that a United States vessel on a foreign

or intercoastal domestic voyage be equipped with a slop chest and

lists the items the slop chest must contain.

-End-

-CITE-

46 USC Sec. 11104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11104. Destitute seamen

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 578.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11104(a) 46:678

11104(b)-(d) 46:679

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10313 of this title.

-End-

-CITE-

46 USC Sec. 11105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11105. Wages on discharge when vessel sold

-STATUTE-

(a) When a vessel of the United States is sold in a foreign

country, the master shall deliver to the consular officer a

certified crew list and the agreement required by this part. The

master shall pay each seaman the wages due the seaman and provide

the seaman with employment on board another vessel of the United

States bound for the port of original engagement of the seaman or

to another port agreed on. If employment cannot be provided, the

master shall -

(1) provide the seaman with the means to return to the port of

original engagement;

(2) provide the seaman passage to the port of original

engagement; or

(3) deposit with the consular officer an amount of money

considered sufficient by the officer to provide the seaman with

maintenance and passage home.

(b) The consular officer shall endorse on the agreement the

particulars of the payment, provision, or deposit made under this

section.

(c) An owner of a vessel is liable to the United States

Government for a civil penalty of $500 if the master does not

comply with this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 579.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11105 46:684

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Section 11105 provides that when a United States vessel is sold

in a foreign port, the seamen must be provided employment on

another vessel, or passage to the port of original shipment.

-End-

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46 USC Sec. 11106 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11106. Wages on justifiable complaint of seamen

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 579.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11106(a) 46:685

11106(b)-(d) 46:665

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11503 of this title.

-End-

-CITE-

46 USC Sec. 11107 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11107. Unlawful engagements void

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11107 46:578

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Section 11107 entitles seamen engaged contrary to any United

States law to leave the service of the vessel without loss of

wages.

-End-

-CITE-

46 USC Sec. 11108 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11108. Taxes

-STATUTE-

(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 the

navigable waters of more than one State.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98-364, title

IV, Sec. 402(14), July 17, 1984, 98 Stat. 450; Pub. L. 106-489,

Sec. 1, Nov. 9, 2000, 114 Stat. 2207.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11108 46:601

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Section 11108 prohibits the mandatory withholding of state or

local taxes from crewmembers on certain specified vessels. It

permits, however, voluntary withholding agreements.

AMENDMENTS

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".

-End-

-CITE-

46 USC Sec. 11109 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11109. Attachment of wages

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98-364, title

IV, Sec. 402(15), July 17, 1984, 98 Stat. 450.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11109 46:601

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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.

AMENDMENTS

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".

-End-

-CITE-

46 USC Sec. 11110 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11110. Seamen's clothing

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11110 46:563

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Section 11110 exempts seamen's clothing from attachments and

liens. It also provides a penalty for violations.

-End-

-CITE-

46 USC Sec. 11111 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11111. Limit on amount recoverable on voyage

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 581.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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11111 46:602

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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.

-End-

-CITE-

46 USC Sec. 11112 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 111 - PROTECTION AND RELIEF

-HEAD-

Sec. 11112. Master's lien for wages

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 99-307, Sec. 1(19)(B), May 19, 1986, 100 Stat. 446.)

-End-