§ 2110. Fees

2,010 words·~9 min read·/usc/title-46/section-2110

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(1)Except as otherwise provided in this title, the Secretary shall establish a fee or charge for a service or thing of value provided by the Secretary under this subtitle, in accordance with section 9701 of title 31.

(2)The Secretary may not establish a fee or charge under paragraph

(1)for inspection or examination of a non-self-propelled tank vessel under part B of this subtitle that is more than $500 annually. The Secretary may not establish a fee or charge under paragraph

(1)for inspection or examination of a small passenger vessel under this title that is more than $300 annually for such vessels under 65 feet in length, or more than $600 annually for such vessels 65 feet in length and greater. The Secretary may not establish a fee or charge under paragraph

(1)for inspection or examination under this title for any publicly-owned ferry.

(3)The Secretary may, by regulation, adjust a fee or charge collected under this subsection to accommodate changes in the cost of providing a specific service or thing of value, but the adjusted fee or charge may not exceed the total cost of providing the service or thing of value for which the fee or charge is collected, including the cost of collecting the fee or charge.

(4)The Secretary may not collect a fee or charge under this subsection that is in conflict with the international obligations of the United States.

(5)The Secretary may not collect a fee or charge under this subsection for any search or rescue service.

(1)In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind transportation, travel, and subsistence.

(2)The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37.

(c)In addition to the collection of fees and charges established under subsection (a), the Secretary may recover appropriate collection and enforcement costs associated with delinquent payments of the fees and charges.

(1)The Secretary may employ any Federal, State, or local agency or instrumentality, or any private enterprise or business, to collect a fee or charge established under this section. A private enterprise or business selected by the Secretary to collect fees or charges—

(A)shall be subject to reasonable terms and conditions agreed to by the Secretary and the enterprise or business;

(B)shall provide appropriate accounting to the Secretary; and

(C)may not institute litigation as part of that collection.

(2)A Federal agency shall account for the agency’s costs of collecting the fee or charge under this subsection as a reimbursable expense, and the costs shall be credited to the account from which expended.

(e)A person that violates this section by failing to pay a fee or charge established under this section is liable to the United States Government for a civil penalty of not more than $5,000 for each violation.

(f)When requested by the Secretary, the Secretary of Homeland Security shall deny the clearance required by section 60105 of this title to a vessel for which a fee or charge established under this section has not been paid until the fee or charge is paid or until a bond is posted for the payment.

(g)The Secretary may exempt a person from paying a fee or charge established under this section if the Secretary determines that it is in the public interest to do so.

(h)Fees and charges collected by the Secretary under this section shall be deposited in the general fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities.

(i)The collection of a fee or charge under this section does not alter or expand the functions, powers, responsibilities, or liability of the United States under any law for the performance of services or the provision of a thing of value for which a fee or charge is collected under this section.

(j)The Secretary may not establish or collect a fee or charge for the inspection under part B of this subtitle of training vessels operated by State maritime academies.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99–509, title V, § 5102(b)(4), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–710, title I, § 104(a)(3), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101–508, title X, § 10401(a), Nov. 5, 1990, 104 Stat. 1388–397; Pub. L. 102–241, § 53, Dec. 19, 1991, 105 Stat. 2232; Pub. L. 102–582, title V, § 501(a), Nov. 2, 1992, 106 Stat. 4909; Pub. L. 102–587, title V, § 5207, Nov. 4, 1992, 106 Stat. 5075; Pub. L. 104–324, title XI, § 1112, Oct. 19, 1996, 110 Stat. 3970;

Pub. L. 105–383, title II, § 207, Nov. 13, 1998, 112 Stat. 3416; Pub. L. 107–295, title III, § 344, Nov. 25, 2002, 116 Stat. 2106; Pub. L. 109–304, § 15(6), Oct. 6, 2006, 120 Stat. 1702; Pub. L. 113–281, title III, § 311(a), Dec. 18, 2014, 128 Stat. 3047; Pub. L. 115–232, div. C, title XXXV, § 3546(a), Aug. 13, 2018, 132 Stat. 2326.)

Section 2110 prevents the assessment of user fees for certain maritime safety and seamen’s welfare services unless otherwise provided for by law. These include:

Measurement of tonnage and certifying the same, except that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master’s oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen; apprenticing boys to the merchant service; inspecting, examining, and licensing steam vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel.

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