US Code

Public Law 119-83 (04/13/2026)

46 U.S.C. § 2110

Fees

(a)
(1)
section 9701 of title 31 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 .
(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.
(b)
(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)
section 464 of title 37 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 .
(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.
(d)
(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)
section 60105 of this title When requested by the Secretary, the Secretary of Homeland Security shall deny the clearance required by 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. 98–8997 Stat. 507 Pub. L. 99–509, title V, § 5102(b)(4)100 Stat. 1927 Pub. L. 100–710, title I, § 104(a)(3)102 Stat. 4749 Pub. L. 101–508, title X, § 10401(a)104 Stat. 1388–397 Pub. L. 102–241, § 53105 Stat. 2232 Pub. L. 102–582, title V, § 501(a)106 Stat. 4909 Pub. L. 102–587, title V, § 5207106 Stat. 5075 Pub. L. 104–324, title XI, § 1112110 Stat. 3970 Pub. L. 105–383, title II, § 207112 Stat. 3416 Pub. L. 107–295, title III, § 344116 Stat. 2106 Pub. L. 109–304, § 15(6)120 Stat. 1702 Pub. L. 113–281, title III, § 311(a)128 Stat. 3047 Pub. L. 115–232, div. C, title XXXV, § 3546(a)132 Stat. 2326 (, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

2110

46:331

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.

Editorial Notes

References in Text

Pub. L. 101–508104 Stat. 1388 The Omnibus Budget Reconciliation Act of 1990, referred to in subsec. (b)(5), is , , . For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 115–2322018—Subsec. (k). struck out subsec. (k) which read as follows: “The Secretary may not plan, implement or finalize any regulation that would promulgate any new maritime user fee which was not implemented and collected prior to , including a fee or charge for any domestic icebreaking service or any other navigational assistance service. This subsection expires on .”

Pub. L. 113–281, § 311(a)(1)2014—Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) related to fees and charges in fiscal years 1993 and 1994.

Pub. L. 113–281, § 311(a)(2)Subsec. (c). , substituted “subsection (a),” for “subsections (a) and (b),”.

Pub. L. 109–304, § 15(6)(A)2006—Subsec. (a)(2). , substituted “part B of this subtitle” for “part B of this title”.

Pub. L. 109–304, § 15(6)(B)Subsec. (b)(2)(A)(iii). , substituted “; and” for period at end.

Pub. L. 109–304, § 15(6)(C)Subsec. (b)(5). , substituted “The fee” for “The fees”.

Pub. L. 109–304, § 15(6)(D)section 60105 of this titleSubsec. (f). , substituted “Secretary of Homeland Security shall deny the clearance required by ” for “Secretary of the Treasury shall deny the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”.

Pub. L. 109–304, § 15(6)(E)Subsec. (j). , substituted “State” for “state”.

Pub. L. 107–2952002—Subsec. (k). substituted “2006” for “2001”.

Pub. L. 105–3831998—Subsec. (k). added subsec. (k).

Pub. L. 104–324, § 1112section 10401(g) of Pub. L. 101–508section 10401(a) of Pub. L. 101–508section 10401 of Pub. L. 101–5081996—Subsec. (a)(2). , which directed amendment of by inserting “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.” after “annually.”, was executed by making insertion in subsec. (a)(2) of this section to reflect the probable intent of Congress, because amended this section generally, and did not contain a subsec. (g).

Pub. L. 102–582, § 501(a)(1)1992—Subsec. (b)(1). , substituted “1993 and 1994” for “1991, 1992, 1993, 1994, and 1995” and “to which paragraph (2) of this subsection applies” for “that is greater than 16 feet in length”.

Pub. L. 102–582, § 501(a)(2)Subsec. (b)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The fee or charge established under paragraph (1) of this subsection is as follows:

“(A) for vessels greater than 16 feet in length but less than 20 feet, not more than $25;

“(B) for vessels of at least 20 feet in length but less than 27 feet, not more than $35;

“(C) for vessels of at least 27 feet in length but less than 40 feet, not more than $50; and

“(D) for vessels of at least 40 feet in length, not more than $100.”

Pub. L. 102–587Subsec. (j). added subsec. (j).

Pub. L. 102–2411991—Subsec. (b)(5). added par. (5).

Pub. L. 101–508Pub. L. 104–3241990—, as amended by , substituted “Fees” for “Fees prohibited” as section catchline and amended text generally. Prior to amendment, text read as follows: “Fees may not be charged or collected by the Secretary for services provided for in this subtitle related to the engagement and discharge of seamen, the inspection and examination of vessels under part B of this subtitle, and the licensing of masters, mates, pilots, and engineers, except when specifically provided for in this subtitle.” See 1996 Amendment note above.

Pub. L. 100–7101988— substituted “and the licensing of masters, mates, pilots, and engineers” for “the licensing of masters, mates, pilots, and engineers, and the documentation of vessels”.

Pub. L. 99–5091986— substituted “examination of vessels under part B of this subtitle” for “examination of vessels” and struck out “measurement or” before “documentation”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–582, title V, § 501(b)106 Stat. 4910

“The amendments made by this section [amending this section] are effective .”
, , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–710section 107 of Pub. L. 100–710section 31301 of this titleAmendment by effective , with certain exceptions and qualifications, see , set out as an Effective Date note under .

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Acceptance of Evidence of Payment of Coast Guard Fees

Pub. L. 102–587, title V, § 5214106 Stat. 5077

section 2110 of title 46“The Secretary of Transportation may not issue a citation for failure to pay a fee or charge established under , United States Code, to an owner or operator of a recreational vessel who provides reasonable evidence of prior payment of the fee or charge to a Coast Guard boarding officer.”
, , , provided that: