
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: 46USC12505]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                    Part H--Identification of Vessels
 
                CHAPTER 125--VESSEL IDENTIFICATION SYSTEM
 
Sec. 12505. Fees

    (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.

(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.)


                      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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 12506, 12507 of this title.
