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Title 14 — Coast Guard

Chapter 9 — Administration

§ 946. User fees

Statutory text

(a)

A fee or charge for a service or thing of value provided by the Coast Guard shall be prescribed as provided in section 9701 of title 31.

(b)

Amounts collected by the Secretary for a service or thing of value provided by the Coast Guard shall be deposited in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities.

(c)

In addition to the collection of fees and charges established under this section, the Secretary may recover from the person liable for the fee or charge the costs of collecting delinquent payments of the fee or charge, 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.

(2)

A private enterprise or business employed 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.

(e)
(1)

In addition to the collection of fees and charges established under this section, in the provision of a service or thing of value by the Coast Guard 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.

(f)

The Secretary shall account for the agency’s costs of collecting a fee or charge as a reimbursable expense, subject to the availability of appropriations, and the costs shall be credited to the account from which expended.

(g)

Before January 1 of each year, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes—

(1)

a verification of each activity for which a fee or charge is collected under any law stating—

(A)

the amount collected in the prior fiscal year; and

(B)

that the amount spent on that activity in that fiscal year is not less than the amount collected; and

(2)

the amount expected to be collected under any law in the current fiscal year for each activity for which a fee or charge is expected to be collected.

(h)

In this section the term “costs of collecting a fee or charge” includes the reasonable administrative, accounting, personnel, contract, equipment, supply, training, and travel expenses of calculating, assessing, collecting, enforcing, reviewing, adjusting, and reporting on a fee or charge.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Omnibus Budget Reconciliation Act of 1986

    Pub. L. 99–509 title V § 5102(a)(3) · 100 Stat. 1874

    Enacted · 14 U.S.C. § 946

    Added Pub. L. 99–509, title V, § 5102(a)(3), Oct. 21, 1986, 100 Stat. 1926, § 664

    Source evidence

    Code source credit
    Added Pub. L. 99–509, title V, § 5102(a)(3), Oct. 21, 1986, 100 Stat. 1926, § 664

    Enacted provision · exact public law section
    (3) After section 663, add the following new section:

  2. Coast Guard Authorization Act of 1989

    Pub. L. 101–225 title II § 211 · 103 Stat. 1908

    Inserted · 14 U.S.C. § 946(c)

    Pub. L. 101–225 inserted “under any law” after first reference to “collected” in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–225 inserted “under any law” after first reference to “collected” in pars. (1) and (2).

    Enacted provision · exact public law section
    SEC. 211. USER FEES REPORT CLARIFICATION. Section 664(c) of title 14, United States Code, is amended as follows: (1) in paragraph (1) by striking “collected stating—” and substituting “collected under any law stating—”; and (2) in paragraph (2) by inserting “under any law” after “collected” the first time it appears.

  3. Omnibus Maritime and Coast Guard Improvements Act of 2002

    Pub. L. 107–295 title IV § 408(a)(3) · 116 Stat. 2064

    Substituted · 14 U.S.C. § 946(c)

    Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries” in introductory provisions.

    Enacted provision · exact public law section
    (3) Section 664(c) of title 14, United States Code, is amended by striking “Merchant Marine and Fisheries” and inserting “Transportation and Infrastructure”.

  4. Pub. L. 108–293 title II § 206 · 118 Stat. 1028

    1. Added · 14 U.S.C. § 946(c)(g)

      Pub. L. 108–293 added subsecs. (c) to (e) and (g)

    2. Redesignated · 14 U.S.C. § 946(c)(g)

      Pub. L. 108–293 redesignated former subsec. (c) as (f)

    Source evidence

    Code amendment note
    Subsecs. (c) to (g). Pub. L. 108–293 added subsecs. (c) to (e) and (g) and redesignated former subsec. (c) as (f).

    Enacted provision · exact public law section
    SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN FEES AND CHARGES.   Section 664 of title 14, United States Code, is amended— (1) by redesignating subsection (c) as subsection (f); (2) by inserting after subsection (b) the following: “(c) In addition to the collection of fees and charges established under this section, the Secretary may recover from the person liable for the fee or charge the costs of collecting delinquent payments of the fee or charge, 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. “(2) A private enterprise or business employed 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. “(e) The Secretary shall account for the agency’s costs of collecting a fee or charge as a reimbursable expense, subject to the availability of appropriations, and the costs shall be credited to the account from which expended.” ; and (3) by adding at the end the following: “(g) In this section the term ‘costs of collecting a fee or charge’ includes the reasonable administrative, accounting, personnel, contract, equipment, supply, training, and travel expenses of calculating, assessing, collecting, enforcing, reviewing, adjusting, and reporting on a fee or charge.” .

  5. Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 title III § 311(b) · 128 Stat. 3022

    1. Added · 14 U.S.C. § 946(e)(h)

      Pub. L. 113–281 added subsec. (e)

    2. Redesignated · 14 U.S.C. § 946(e)(h)

      Pub. L. 113–281 redesignated former subsecs. (e) to (g) as (f) to (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (e) to (h). Pub. L. 113–281 added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.

    Enacted provision · exact public law section
    (b) Title 14, United States Code.— Section 664 of title 14, United States Code, 14 USC 664. is amended by redesignating subsections (e) though (g) as subsections (f) through (h), respectively, and by inserting after subsection (d) the following: “(e) (1) In addition to the collection of fees and charges established under this section, in the provision of a service or thing of value by the Coast Guard 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.” .

  6. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 title I § 107(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 946

    Pub. L. 115–282 renumbered section 664 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282 renumbered section 664 of this title as this section.

    Enacted provision · exact public law section
    (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 9 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 641Disposal of certain material901 653Employment of draftsmen and engineers902 656Use of certain appropriated funds903 666Local hire904 670Procurement authority for family housing905 671Air Station Cape Cod Improvements906 672Long-term lease of special purpose facilities907 672aLong-term lease authority for lighthouse property908 674Small boat station rescue capability909 675Small boat station closures910 676Search and rescue center standards911 676aAir facility closures912 677Turnkey selection procedures913 681Disposition of infrastructure related to E–LORAN914 635Oaths required for boards931 636Administration of oaths932 638Coast Guard ensigns and pennants933 639Penalty for unauthorized use of words “Coast Guard”934 640Coast Guard band recordings for commercial sale935 645Confidentiality of medical quality assurance records; qualified immunity for participants936 646Admiralty claims against the United States937 647Claims for damage to property of the United States938 648Accounting for industrial work939 649Supplies and equipment from stock940 650Coast Guard Supply Fund941 654Public and commercial vessels and other watercraft; sale of fuel, supplies, and services942 655Arms and ammunition; immunity from taxation943 658Confidential investigative expenses944 659Assistance to film producers945 664User fees946 667Vessel construction bonding requirements947 668Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care948 669Telephone installation and charges949 673Designation, powers, and accountability of deputy disbursing officials950 678Aircraft accident investigations951

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments1989–2018 · 5 rounds

2018

Pub. L. 115–282 renumbered section 664 of this title as this section.

2014

Subsecs. (e) to (h). Pub. L. 113–281 added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.

2004

Subsecs. (c) to (g). Pub. L. 108–293 added subsecs. (c) to (e) and (g) and redesignated former subsec. (c) as (f).

2002

Subsec. (c). Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries” in introductory provisions.

1989

Subsec. (c). Pub. L. 101–225 inserted “under any law” after first reference to “collected” in pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Towing Safety Management System Fees

Pub. L. 115–282, title VIII, § 815, , 132 Stat. 4305, provided that:

“(a)

Review.—

The Commandant of the Coast Guard shall—

“(1)

review and compare the costs to the Government of—

“(A)

towing vessel inspections performed by the Coast Guard; and

“(B)

such inspections performed by a third party; and

“(2)

based on such review and comparison, determine whether the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard.

“(b)

Revision of Fees.—

If the Commandant determines under subsection (a) that the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard, then the Commandant shall revise the fee assessed by the Coast Guard for such inspections as necessary to conform to the requirements under section 9701 of title 31, United States Code, that such fee be based on the cost to the Government of such inspections and accurately reflect such costs.”

Limitation

Pub. L. 113–281, title III, § 311(c), , 128 Stat. 3048, provided that:

“The Secretary of the Department in which the Coast Guard is operating may not accept in-kind transportation, travel, or subsistence under section 664(e) [now 946(e)] of title 14, United States Code, or section 2110(d)(4) of title 46, United States Code, as amended by this section, until the Commandant of the Coast Guard—

“(1)

amends the Standards of Ethical Conduct for members and employees of the Coast Guard to include regulations governing the acceptance of in-kind reimbursements; and

“(2)

notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the amendments made under paragraph (1).”

Credits

1986–2018 · 6 acts
  1. 1986Added Pub. L. 99–509, title V, § 5102(a)(3), , 100 Stat. 1926, § 664
  2. 1989amended Pub. L. 101–225, title II, § 211, , 103 Stat. 1914
  3. 2002Pub. L. 107–295, title IV, § 408(a)(3), , 116 Stat. 2117
  4. 2004Pub. L. 108–293, title II, § 206, , 118 Stat. 1033
  5. 2014Pub. L. 113–281, title III, § 311(b), , 128 Stat. 3048
  6. 2018renumbered § 946, Pub. L. 115–282, title I, § 107(b), , 132 Stat. 4205.
Show as published

(Added Pub. L. 99–509, title V, § 5102(a)(3), , 100 Stat. 1926, § 664; amended Pub. L. 101–225, title II, § 211, , 103 Stat. 1914; Pub. L. 107–295, title IV, § 408(a)(3), , 116 Stat. 2117; Pub. L. 108–293, title II, § 206, , 118 Stat. 1033; Pub. L. 113–281, title III, § 311(b), , 128 Stat. 3048; renumbered § 946, Pub. L. 115–282, title I, § 107(b), , 132 Stat. 4205.)

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