Historical and Revision Notes

Revised section

Source section (U.S. Code)

31343

46:925

Section 31343 provides that any person claiming a lien on a vessel covered by a preferred mortgage may record a notice of lien. This notice must state the nature of the lien, date it was established; the amount; and the name and address of the person claiming a lien, and it must be acknowledged. The Secretary must record a notice of lien if it complies with these requirements. When any part of the indebtedness is discharged, the claimant shall provide the Secretary with a written, acknowledged certificate of discharge of the indebtedness, and the Secretary shall record the certificate. This section makes no substantive change to law.

Section 31343(c) provides that, on the full and final discharge of an indebtedness that is the basis for a claim, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge on the request of the Secretary or owner of the vessel. This subsection makes a substantive change to law by not requiring partial discharges to be filed, as well as making the filing of discharge certificates only at the request of the Secretary or owner of the vessel.

house floor statement

Subsection (d) of this section requires a person claiming a lien on a vessel covered by a preferred mortgage under section 31322(d) to record and discharge the lien as provided by the law of the State in which the vessel is titled.

Editorial Notes
Amendments

2021—Subsec. (e). Puspan. L. 116–283 designated existing provisions as par. (1) and added par. (2).

2010—Subsec. (a). Puspan. L. 111–281 struck out “of Transportation” after “Secretary” in introductory provisions.

2002—Puspan. L. 107–295, § 205(a)(1)(A), substituted “notices of claim of maritime lien” for “liens on preferred mortgage vessels” in section catchline.

Subsec. (a). Puspan. L. 107–295, § 205(a)(1)(B), substituted “documented, or for which an application for documentation has been filed, under chapter 121” for “covered by a preferred mortgage filed or recorded under this chapter” in introductory provisions.

Subsec. (span). Puspan. L. 107–295, § 205(a)(1)(C), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “The Secretary shall record a notice complying with subsection (a) of this section.”

Subsec. (c). Puspan. L. 107–295, § 205(a)(1)(D), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “On full and final discharge of the indebtedness that is the basis for a claim recorded under subsection (span) of this section, on request of the Secretary or owner, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate.”

Subsecs. (e), (f). Puspan. L. 107–295, § 205(a)(1)(E), added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–295 effective Jan. 1, 2003, see section 205(e) of Puspan. L. 107–295, set out as a note under section 31325 of this title.

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Puspan. L. 100–710, set out as a note under section 31301 of this title.