46 U.S.C. § 12505 — Fees

Page 227 TITLE 46—SHIPPING § 12505 1990—Subsec. (a)(2)(A). Pub. L. 101–595 amended sub- par. (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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. § 12504. Information available from the system 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. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4736; amended Pub. L. 101–225, title III, § 302(3), Dec. 12, 1989, 103 Stat. 1923.) HISTORICAL AND REVISION NOTES Revised section 12504 This section requires that the Secretary make avail- able information maintained in the vessel identifica- tion 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 informa- tion will be made available through computer termi- nals in satellite offices or direct computer access by modem. In this manner, boating organizations or finan- cial or documentation services could retrieve data without paper transactions for a fee. Editorial Notes AMENDMENTS 1989—Pub. L. 101–225 substituted ‘‘Secretary of Trans- portation, the Secretary’’ for ‘‘Secretary, the Secretary of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. § 12505. Fees (a) The Secretary of Transportation may charge a fee under section 9701 of title 31 for pro- viding 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 trans- ferred or collected under this section in the gen- eral fund of the Treasury as proprietary receipts of the Secretary and ascribed to the vessel iden- tification system. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737; amended Pub. L. 101–595, title VI, § 603(11), Nov. 16, 1990, 104 Stat. 2993.) 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 infor- mation 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 col- lection of the annual fee may be delayed by the Sec- retary, and an agency, State, or person may be em- ployed to collect the fee under subsection (c). The Com- mittee expects that the Secretary will make agree- ments with States to collect this fee at the time of ves- sel 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 em- ployed to collect the fee, the State may retain one-half of the amounts collected, and must transfer the re- mainder 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 avail- able. Because States are allowed to make improve- ments 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. Editorial Notes 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 condi- tions 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 sub- section (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 informa- tion available to the Secretary and to pay incremental administrative costs.’’ Page 228 TITLE 46—SHIPPING § 12506 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. ANNUAL FEE PRIOR TO JAN. 1, 1992 Pub. L. 100–710, title I, § 104(e)(1), Nov. 23, 1988, 102 Stat. 4751, 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.’’ § 12506. Delegation of authority The Secretary of Transportation may delegate to an agency, a State, or a qualified person the authority to— (1) establish and maintain the vessel identi- fication 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. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.) HISTORICAL AND REVISION NOTES Revised section 12506 This section allows the Secretary to delegate the au- thority to establish and maintain the vessel identifica- tion system to an agency, a State, or a qualified per- son. The Secretary may also delegate the authority to charge fees under section 12505 for requesting informa- tion from or making information available to the ves- sel identification system. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. § 12507. Penalties (a) A person shall be fined under title 18, im- prisoned for not more than 2 years, or both, if the person with the intent to defraud— (1) provides false information to the Sec- retary of Transportation or a State issuing au- thority 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 Gov- ernment for a civil penalty of not more than $10,000 if the person— (1) provides false information to the Sec- retary or a State issuing authority regarding the identification of a vessel under this chap- ter; (2) violates section 12502 of this title; or (3) fails to comply with requirements pre- scribed 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. (Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.) HISTORICAL AND REVISION NOTES Revised section 12507 This section establishes criminal and civil penalties for certain violations of chapter 125 of title 46 (as en- acted by this Act). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. PART I—STATE BOATING SAFETY PROGRAMS CHAPTER 131—RECREATIONAL BOATING SAFETY Sec. 13101. Definitions. 13102. State recreational boating safety programs. 13103. Program acceptance. 13104. Allocations. 13105. Availability of allocations. 13106. Computation decisions about State amounts expended. 13107. Authorization of appropriations. 13108. Computing amounts allocated to States and State records requirements. 13109. Consultation, cooperation, and regulation. [13110. Repealed.] HISTORICAL AND REVISION NOTES This Chapter establishes the recreational boating safety and facility program administered by the Coast Guard. The general purpose is to encourage State par- ticipation in boating safety education and enforcement activities. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title VI, § 601(c)(4)(A), Dec. 4, 2018, 132 Stat. 4289, struck out item 13110 ‘‘National Boating Safety Advisory Council’’. 2006—Pub. L. 109–304, § 16(b)(3), Oct. 6, 2006, 120 Stat. 1705, added item 13101 and redesignated former items 13101 to 13106 as 13102 to 13107, respectively. 1998—Pub. L. 105–178, title VII, § 7405(c)(2), June 9, 1998, 112 Stat. 488, substituted ‘‘appropriations’’ for ‘‘contract spending’’ in item 13106. 1984—Pub. L. 98–369, div. A, title X, § 1016(c)(2), July 18, 1984, 98 Stat. 1020, struck out item 13107 ‘‘National Recreational Boating Safety and Facilities Improve- ment Fund’’. § 13101. Definitions In this chapter: (1) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a State that has a State rec- reational boating safety program accepted by the Secretary. (2) STATE RECREATIONAL BOATING SAFETY PROGRAM.—The term ‘‘State recreational boating safety program’’ means education, as- sistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating.