ESTABLISHMENT AND COLLECTION OF FEES FOR COAST GUARD SERVICES.

SEC. 19401. ESTABLISHMENT AND COLLECTION OF FEES FOR COAST GUARD SERVICES. (a) In General.— Section 2110 of title 46, United States Code, is amended to read as follows: “§ 2110. Fees “(a) (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 title that is more than $500 annually. “(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) The Secretary shall establish a fee or charge as provided in paragraph (2) of this subsection, and collect it annually in fiscal years 1991, 1992, 1993, 1994, and 1995, from the owner or operator of each recreational vessel that is greater than 16 feet in length. “(2) 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, 104 STAT. 1388–398 “(3) The fee or charge established under this subsection applies only to vessels operated on the navigable waters of the United States where the Coast Guard has a presence. “(4) The fee or charge established under this subsection does not apply to a— “(A) public vessel; or “(B) vessel deemed to be a public vessel under section 827 of title 14. “(c) In addition to the collection of fees and charges established under subsections (a) and (b), 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) When requested by the Secretary, the 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) 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.”. (b) Clerical Amendment.— The analysis of chapter 21 of title 46, United States Code, is amended by striking the item relating to section 2110 and inserting the following: “2110. Fees.”.