
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC12503]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                    Part H--Identification of Vessels
 
                CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
 
Sec. 12503. Information available to the system

    (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.

(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.)


                      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).

                  Section Referred to in Other Sections

    This section is referred to in sections 12501, 12504, 12505 of this 
title.
