-CITE-
    46 USC CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
                CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM            

-MISC1-
    Sec.                                                     
    12501.      Establishment of a vessel identification system.      
    12502.      Identification numbers, signal letters, and markings. 
    12503.      Information available to the system.                  
    12504.      Information available from the system.                
    12505.      Fees.                                                 
    12506.      Delegation of authority.                              
    12507.      Penalties.                                            

                       HISTORICAL AND REVISION NOTES                   
      Section 101 of H.R. 3105, as amended, adds a new chapter 125 to
    title 46, United States Code, to establish a vessel identification
    system for all vessels of the United States. This would include
    vessels documented under chapter 121 of title 46, numbered under
    chapter 123 of that title, or titled under the law of a State. This
    new chapter consists of new sections 12501-12507 as follows.

-End-

-CITE-
    46 USC Sec. 12501                                           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12501. Establishment of a vessel identification system

-STATUTE-
      (a) The Secretary of Transportation shall establish a vessel
    identification system to make available information under section
    12503 of this title for use by the public for law enforcement and
    other purposes relating to - 
        (1) the ownership of documented vessels;
        (2) the ownership of vessels numbered under chapter 123 of this
      title; and
        (3) the ownership of vessels titled under the law of a State.

      (b) The vessel identification system shall include information
    prescribed by the Secretary including - 
        (1) identifying a vessel;
        (2) identifying the owner of the vessel, including - 
          (A) the owner's social security number or, if that number is
        not available, other means of identification acceptable to the
        Secretary; or
          (B) for an owner other than an individual - 
            (i) the owner's taxpayer identification number; or
            (ii) if the owner does not have a taxpayer identification
          number, the social security number of an individual who is a
          corporate officer, general partner, or individual trustee of
          the owner and who signed the application for documentation or
          numbering for the vessel;

        (3) identifying the State in which it is titled or numbered;
        (4) indicating whether the vessel is numbered or titled, or
      both;
        (5) if titled in a State, indicating where evidence of a lien
      or other security interest may be found against the vessel in
      that State; and
        (6) information assisting law enforcement officials.

      (c) The Secretary may maintain information under this chapter in
    connection with any other information system maintained by the
    Secretary.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.
    4735; Pub. L. 101-225, title III, Sec. 302(1), Dec. 12, 1989, 103
    Stat. 1922; Pub. L. 101-595, title VI, Sec. 603(10), Nov. 16, 1990,
    104 Stat. 2993.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12501
      Subsection (a) of section 12501 requires the Secretary of
    Transportation to establish a system of information concerning
    vessels of the United States for law enforcement and other
    purposes. The Secretary is required to make available information
    from the system relating to the ownership of vessels documented
    under chapter 121 of title 46, numbered under chapter 123 of that
    title, and titled under the law of a State. The information is
    available under section 12503 for use by the public, similarly
    under the Ship Mortgage Act, 1920.
      Subsection (b) lists the vessel identification information which
    is required to be maintained by the Secretary. The Secretary has
    the authority to prescribe other information to be maintained in
    addition to the items listed. For example, the Secretary may
    identify vessels issued fisheries permits by the Department of
    Commerce. The Secretary may also monitor transactions involving
    vessels that require approval by the Secretary under section 9 of
    the Shipping Act, 1916 (46 App. U.S.C. 808) before interest or
    control in the vessel may be transferred to a noncitizen.
      Subsection (c) clarifies that the Secretary has the flexibility
    to maintain this system in connection with any other information
    system maintained by the Secretary, including the Federal Aviation
    Administration system containing aircraft ownership information.
    This would also permit the Secretary to combine various systems and
    data bases maintained by the Secretary such as documentation and
    numbering of vessels, and safety, casualty, and law enforcement
    statistics.

                                AMENDMENTS                            
      1990 - Subsec. (b)(2)(A). Pub. L. 101-595 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "the
    owner's social security number; or".
      1989 - Subsec. (b)(2). Pub. L. 101-225 amended par. (2)
    generally, adding subpars. (A) and (B).

                              EFFECTIVE DATE                          
      Chapter effective Jan. 1, 1989, with certain exceptions and
    qualifications, see section 107 of Pub. L. 100-710, set out as a
    note under section 30101 of this title.

     RECORDS AND OTHER INFORMATION; ESTABLISHMENT, CENTRALIZATION AND
                              COMPUTERIZATION
      Section 104(e)(2) of title I of Pub. L. 100-710 provided that:
    "To establish, centralize, and computerize records and other
    information maintained under chapters 121, 125, and 313 of title
    46, United States Code, from the effective date of this title [Jan.
    1, 1989, with certain exceptions and qualifications, see section
    107 of Pub. L. 100-710, set out as a note under section 30101 of
    this title] through September 30, 1993, the Secretary of
    Transportation shall spend (out of amounts appropriated for the
    Department of Transportation under an appropriations law) not less
    than an amount that is equal to the amounts estimated to be - 
        "(A) collected under section 9701 of title 31, United States
      Code, for fees paid for services and things of value provided
      under chapter 313 of title 46, United States Code (as enacted by
      section 101 of this Act), and for documenting vessels under
      chapter 121 of title 46; and
        "(B) transferred to or collected by the Secretary under chapter
      125 of title 46, United States Code (as enacted by section 101 of
      this Act)."

       PERSONNEL AND EQUIPMENT; RECRUITMENT, COMPENSATION, TRAINING,
                         PURCHASING, OR DEPLOYMENT
      Section 104(g) of Pub. L. 100-710 provided that: "Nothing in this
    section [amending sections 2101, 2110, 12102, 12103, 12105, 12110,
    12112, 12117, 12119, and 12120 of this title and sections 808,
    1242, and 1271 of the Appendix to this title, and enacting
    provisions set out as notes under sections 12501, 12502, and 12505
    of this title] requires the Coast Guard to recruit, compensate,
    train, purchase, or deploy any personnel or equipment to carry out
    chapter 125 of title 46, United States Code (as enacted by section
    101 of this Act), except to the extent that appropriations are made
    available in an appropriations law for the Department of
    Transportation."
      [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.]

-End-

-CITE-
    46 USC Sec. 12502                                           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12502. Identification numbers, signal letters, and markings

-STATUTE-
      (a) For the identification of a vessel of the United States, the
    Secretary of Transportation - 
        (1) shall maintain a unique numbering system and assign a
      number to each vessel of the United States;
        (2) may maintain a system of signal letters for a documented
      vessel;
        (3) shall record a name selected by the owner of a documented
      vessel approved by the Secretary as the vessel's name of record;
      and
        (4) may establish other identification markings.

      (b) The manufacturer or owner of a vessel shall affix to the
    vessel and maintain in the manner prescribed by the Secretary the
    number assigned and any other markings the Secretary may require.
      (c) Once a number is assigned under this section, it may not be
    used by another vessel.
      (d) Once a documented vessel's name is established, the name may
    not be changed without the approval of the Secretary.
      (e) A person may not tamper with or falsify a number or other
    marking required under this section.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.
    4736.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12502
      Subsection (a) of this section requires the Secretary to maintain
    a unique numbering system for vessels of the United States. The
    Secretary may use existing vessel numbering systems such as the
    hull identification number for this purpose, but must ensure that
    no two existing vessels of the United States have the same number.
    The Secretary should consider and propose the use of a 17-digit
    number to implement this requirement. This subsection also requires
    the Secretary to maintain a system of signal letters and to record
    vessel names for documented vessels. The Secretary is authorized to
    establish other vessel identification markings for vessels of the
    United States, such as hailing ports.
      Subsections (b), (c), (d), and (e) contain other requirements and
    restrictions concerning vessel identification markings.
      This section consolidates the requirements of sections 12114,
    12115, 12116, and 12118 of title 46. For this reason, section 106
    of this bill repeals those sections.

     VESSELS NOT HAVING UNIQUE NUMBER; APPLICABILITY OF PROVISIONS FOR
                             NUMBER ASSIGNMENT
      Section 104(f) of Pub. L. 100-710 provided that: "Section
    12502(a)(1) of title 46, United States Code (as enacted by section
    101 of this Act), applies to a vessel of the United States that
    does not have a unique number as prescribed by the Secretary of
    Transportation under that section until the earlier of the
    following:
        "(1) the next time the vessel is documented, numbered, or
      titled.
        "(2) January 1, 1995."

-End-

-CITE-
    46 USC Sec. 12503                                           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12503. Information available to the system

-STATUTE-
      (a) Except as provided in subsections (b) and (c) of this
    section, a State or a State's delegee approved by the Secretary of
    Transportation may make information available to the Secretary if,
    in a manner and form prescribed by the Secretary, the State - 
        (1) identifies the vessel;
        (2) identifies the owner of the vessel, including by - 
          (A) the owner's social security number or, if that number is
        not available, other means of identification acceptable to the
        Secretary; or
          (B) for an owner other than an individual - 
            (i) the owner's taxpayer identification number; or
            (ii) if the owner does not have a taxpayer identification
          number, the social security number of an individual who is a
          corporate officer, general partner, or individual trustee of
          the owner and who signed the application for documentation or
          numbering for the vessel;

        (3) identifies the State in which it is titled or numbered;
        (4) indicates whether the vessel is numbered or titled, or
      both;
        (5) if titled in a State, indicates where evidence of a lien or
      other security interest may be found against the vessel in that
      State;
        (6) includes information to assist law enforcement; and
        (7) includes other information agreed to by the Secretary and
      the State.

      (b) Except as provided in subsection (c) of this section, the
    Secretary also may accept information under conditions and in a
    manner and form prescribed by the Secretary.
      (c) The Secretary shall - 
        (1) retain information on a vessel with a preferred mortgage
      under section 31322(d) of this title that is no longer titled in
      a State making information available to the Secretary under this
      chapter until the mortgage is discharged or the vessel is sold;
      and
        (2) accept information under section 31321(h) of this title
      only if that information cannot be provided to a State.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.
    4736; Pub. L. 101-225, title III, Sec. 302(2), Dec. 12, 1989, 103
    Stat. 1922; Pub. L. 101-595, title VI, Sec. 603(10), Nov. 16, 1990,
    104 Stat. 2993.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12503
      Subsection (a) of section 12503 allows a State or approved State
    delegee to make vessel identification information available to the
    Secretary. Participation in the system is voluntary on the part of
    a State. A benefit to boat purchasers and financiers in States with
    approved titling systems participating in this system is that
    vessel mortgages or financing instruments made in those States are
    deemed to be preferred mortgages under chapter 313 of title 46,
    United States Code (as codified and enacted by this Act).
      Under subsection (a), the Secretary may prescribe the manner and
    form in which the information is made available by the States. In
    this regard, the Committee intends that the Secretary employ the
    most efficient, up-to-date computer technology in maintaining
    information made available from the States to avoid duplication of
    effort in maintaining information and to reduce the costs of the
    system. In addition to the vessel identification information made
    available by States under paragraphs (1)-(6), the Secretary and a
    State may agree that the State make available other information.
    For example, the purpose for which a vessel is routinely used would
    be valuable information for the system.
      The Committee intends that most of the information in the system
    will become available directly and exclusively from the States to
    the greatest extent possible. However, under subsection (b), the
    Secretary may accept information from others under conditions and
    in a manner and form prescribed by the Secretary. Thus, if the
    Secretary discovers a valuable and reliable source of data that can
    be conveniently made available to the system, the Secretary can
    approve it.
      Under paragraph (c)(1), the Secretary must maintain information
    on a State-titled vessel with a preferred mortgage that moves to a
    nonparticipating, nontitle State, until the mortgage is discharged
    or the vessel is sold. Under paragraph (c)(2), the Secretary must
    accept information submitted under section 31321 of title 46 (as
    enacted by this Act) concerning a discharge of a preferred mortgage
    on a vessel title under State law. This would be necessary if the
    vessel moves to a nonparticipating State, and information on that
    vessel would not be provided to the system by that State. This
    subsection will allow the Secretary to keep the vessel information
    system current on these matters and purge files no longer required
    to be maintained.

                                AMENDMENTS                            
      1990 - Subsec. (a)(2)(A). Pub. L. 101-595 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "the
    owner's social security number; or".
      1989 - Subsec. (a)(2). Pub. L. 101-225 amended par. (2)
    generally, adding subpars. (A) and (B).

-End-

-CITE-
    46 USC Sec. 12504                                           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12504. Information available from the system

-STATUTE-
      For law enforcement or other purposes and under conditions
    prescribed by the Secretary of Transportation, the Secretary - 
        (1) shall make available information in the vessel
      identification system to a State making information available
      under section 12503(a) of this title; and
        (2) may make available information in the vessel identification
      system to others.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.
    4736; Pub. L. 101-225, title III, Sec. 302(3), Dec. 12, 1989, 103
    Stat. 1923.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12504
      This section requires that the Secretary make available
    information maintained in the vessel identification system to a
    State participating in the system for law enforcement or other
    purposes. The Secretary may make available information in the
    system to others, under conditions the Secretary may prescribe. At
    first, the Secretary may elect to deal only with the States.
    However, the Committee firmly expects that information will be made
    available through computer terminals in satellite offices or direct
    computer access by modem. In this manner, boating organizations or
    financial or documentation services could retrieve data without
    paper transactions for a fee.

                                AMENDMENTS                            
      1989 - Pub. L. 101-225 substituted "Secretary of Transportation,
    the Secretary" for "Secretary, the Secretary of Transportation".

-End-

-CITE-
    46 USC Sec. 12505                                           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12505. Fees

-STATUTE-
      (a) The Secretary of Transportation may charge a fee under
    section 9701 of title 31 for providing information to or requesting
    information from the vessel identification system, except to - 
        (1) an agency; or
        (2) a State making information available to the Secretary under
      section 12503(a) of this title.

      (b) The Secretary shall deposit amounts transferred or collected
    under this section in the general fund of the Treasury as
    proprietary receipts of the Secretary and ascribed to the vessel
    identification system.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.
    4737; Pub. L. 101-595, title VI, Sec. 603(11), Nov. 16, 1990, 104
    Stat. 2993.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12505
      This section contains the authority for the Secretary to charge a
    fee under the user charge law, 31 U.S.C. 9701, for providing
    information to or requesting information from the vessel
    identification system. Fees may not be charged under this
    subsection to an agency or a State that is participating in the
    vessel identification system maintained by the Secretary.
      Under subsection (b) of this section, the Secretary may collect
    an annual fee of not more than $1.00 from the owner of a vessel of
    the United States under 31 U.S.C. 9701 for the vessel
    identification system. Since vessel owners will benefit from the
    vessel identification system, such as from documentation of
    ownership data and stolen vessel tracking, this fee is designed as
    a maintenance charge to owners for this service. The collection of
    the annual fee may be delayed by the Secretary, and an agency,
    State, or person may be employed to collect the fee under
    subsection (c). The Committee expects that the Secretary will make
    agreements with States to collect this fee at the time of vessel
    registrations. The term of these registrations varies from one to
    three years as permitted by chapter 123 of title 46.
      Under subsection (d) of this section, if a State is employed to
    collect the fee, the State may retain one-half of the amounts
    collected, and must transfer the remainder to the Secretary. The
    amounts retained by a State may be used to cover the costs of
    making vessel identification information available to the
    Secretary. This includes upgrading or establishing titling systems
    as well as making improvements and other changes to vessel
    numbering systems to make information available. Because States are
    allowed to make improvements to their vessel titling and numbering
    systems with the amounts retained under this section, the costs of
    those programs may decrease. This could result in a corresponding
    decrease in State numbering fees and offset vessel identification
    system fees paid by vessel owners.

                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-595 redesignated subsec. (e) as
    (b) and struck out former subsec. (b) which read as follows: "In
    addition to any fee under subsection (a) of this section, the
    Secretary may collect an annual fee of not more than $1.00 from the
    owner of each vessel of the United States under section 9701 of
    title 31 for maintaining the vessel identification system. However,
    the collection of that fee may be delayed under conditions
    prescribed by the Secretary."
      Subsecs. (c), (d). Pub. L. 101-595 struck out subsecs. (c) and
    (d) which read as follows:
      "(c) The Secretary may employ any agency, State, or person to
    collect the fee established under subsection (b) of this section.
      "(d) If a State is employed to collect a fee under subsection (c)
    of this section, the State may retain one-half of the amounts
    collected. A State shall transfer one-half of the amounts collected
    under subsection (b) of this section to the Secretary."
      Subsec. (e). Pub. L. 101-595 redesignated subsec. (e) as (b).
      Subsec. (f). Pub. L. 101-595 struck out subsec. (f) which read as
    follows: "The amounts retained by a State under this section may be
    used to make information available to the Secretary and to pay
    incremental administrative costs."

                     ANNUAL FEE PRIOR TO JAN. 1, 1992                 
      Section 104(e)(1) of Pub. L. 100-710 provided that: "Before
    January 1, 1992, the annual fee under section 12505 of title 46,
    United States Code (as enacted by section 101 of this Act), is
    $1.00."

-End-

-CITE-
    46 USC Sec. 12506                                           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12506. Delegation of authority

-STATUTE-
      The Secretary of Transportation may delegate to an agency, a
    State, or a qualified person the authority to - 
        (1) establish and maintain the vessel identification system;
      and
        (2) charge fees under section 12505 of this title to a person
      making information available to or requesting information from
      the vessel identification system.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.
    4737.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12506
      This section allows the Secretary to delegate the authority to
    establish and maintain the vessel identification system to an
    agency, a State, or a qualified person. The Secretary may also
    delegate the authority to charge fees under section 12505 for
    requesting information from or making information available to the
    vessel identification system.

-End-

-CITE-
    46 USC Sec. 12507                                           01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part H - Identification of Vessels
    CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-
    Sec. 12507. Penalties

-STATUTE-
      (a) A person shall be fined under title 18, imprisoned for not
    more than 2 years, or both, if the person with the intent to
    defraud - 
        (1) provides false information to the Secretary of
      Transportation or a State issuing authority regarding the
      identification of a vessel under this chapter; or
        (2) tampers with, removes, or falsifies the unique vessel
      identification number assigned to a vessel under section 12502 of
      this title.

      (b) A person is liable to the United States Government for a
    civil penalty of not more than $10,000 if the person - 
        (1) provides false information to the Secretary or a State
      issuing authority regarding the identification of a vessel under
      this chapter;
        (2) violates section 12502 of this title; or
        (3) fails to comply with requirements prescribed by the
      Secretary under section 12505 of this title.

      (c) A vessel involved in a violation of this chapter, or
    regulation under this chapter, and its equipment, may be seized by,
    and forfeited to, the Government.
      (d) If a person, not an individual, is involved in a violation of
    this chapter, the president or chief executive of the person also
    is subject to any penalty provided under this section.

-SOURCE-
    (Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.
    4737.)

-MISC1-
                       HISTORICAL AND REVISION NOTES                   

      Revised section 12507
      This section establishes criminal and civil penalties for certain
    violations of chapter 125 of title 46 (as enacted by this Act).

-End-

-CITE-
    46 USC Part I - State Boating Safety Programs               01/02/2006

-EXPCITE-
    TITLE 46 - SHIPPING
    Subtitle II - Vessels and Seamen
    Part I - State Boating Safety Programs

-HEAD-
                  PART I - STATE BOATING SAFETY PROGRAMS              

-End-