46 U.S.C. § 2109 — Public vessels

Page 29 TITLE 46—SHIPPING § 2109 that a report be made to the Secretary annually about those matters that may require improve- ment or amendment. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2105 .............................................. 46:4 Section 2105 requires the Secretary to investigate the operation of this subtitle and all laws related to mari- time safety and requires appropriate reports to ensure that the Secretary is attentive to all the shipping laws under the Secretary’s superintendence. § 2106. Liability in rem When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in the district court of the United States for any district in which the vessel is found. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2106 .............................................. 46:170(14) 46:216e(e) 46:390d 46:391a(14)(C) 46:436 46:462 46:481(c) 46:497 46:526o 46:672(j) 46:1484(b) Section 2106 provides that when a vessel is made lia- ble in rem the vessel may be libeled and proceeded against in a United States district court. Editorial Notes AMENDMENTS 2006—Pub. L. 109–304 substituted ‘‘the district court of the United States for any district’’ for ‘‘a district court of the United States’’. § 2107. Civil penalty procedures (a) After notice and an opportunity for a hear- ing, a person found by the Secretary to have vio- lated this subtitle or subtitle VII or a regulation prescribed under this subtitle or subtitle VII for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, cir- cumstances, extent, and gravity of the prohib- ited acts committed and, with respect to the vi- olator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle or subtitle VII until the assessment is referred to the Attorney Gen- eral. (c) If a person fails to pay an assessment of a civil penalty after it has become final, the Sec- retary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–241, title III, § 306(b), July 11, 2006, 120 Stat. 528.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2107 .............................................. 33:364 46:7 46:65u 46:216e(d) 46:391a(14) 46:526o 46:526p 46:1484(c) Section 2107 provides for standard procedures for the handling of civil penalties for infractions of law or reg- ulation. Some changes were made to increase some an- tiquated and inadequate penalties. The assessment of civil penalties under this section should not require an ‘‘on the record’’ hearing within the meaning of the Administrative Procedures Act (APA). It is intended that these civil penalties be as- sessed in a fair manner. However, the Committee recog- nizes that statutes passed in the last decade have in- volved the Coast Guard in tens of thousands of civil penalty enforcement cases and that it is necessary that the penalties be assessed efficiently. The Coast Guard’s procedural regulations for assessing civil penalties en- sure that the essential elements of due process, notice, and opportunity to be heard, are provided to alleged violators (see 33 CFR Subpart 1.07). The more rigid and time-consuming procedures applicable to APA adju- dications are unwarranted in the case of Coast Guard civil penalty assessment procedures and would seri- ously hamper the orderly enforcement of these admin- istrative penalties. Editorial Notes AMENDMENTS 2006—Pub. L. 109–241 substituted ‘‘this subtitle or sub- title VII’’ for ‘‘this subtitle’’ in two places in subsec. (a) and in one place in subsec. (b). [§ 2108. Repealed. Pub. L. 109–304, § 15(5), Oct. 6, 2006, 120 Stat. 1702] Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507, re- lated to refund of penalties unlawfully, improperly, or excessively imposed. See section 504 of this title. § 2109. Public vessels Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Great Lakes St. Lawrence Sea- way Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99–509, title V, § 5102(b)(3), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 109–241, title IX, § 902(e)(1), July 11, 2006, 120 Stat. 567; Pub. L. 111–281, title IX, § 903(a)(5)(A), Oct. 15, 2010, 124 Stat. 3010; Pub. L. 116–260, div. AA, title V, § 512(c)(6)(A), Dec. 27, 2020, 134 Stat. 2756.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2109 .............................................. 46:362 46:363 46:391a(4) Section 2109 exempts public vessels from the applica- bility of the maritime safety and seamen’s welfare laws Page 30 TITLE 46—SHIPPING § 2110 of this subtitle although some public vessels are in- spected under interagency voluntary agreements. Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corporation’’. 2010—Pub. L. 111–281 amended directory language of Pub. L. 109–241, § 902(e)(1). See 2006 Amendment note below. 2006—Pub. L. 109–241, § 902(e)(1), as amended by Pub. L. 111–281, struck out ‘‘a Coast Guard or’’ after ‘‘(ex- cept’’. 1986—Pub. L. 99–509 substituted ‘‘Except as otherwise provided, this’’ for ‘‘This’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(5)(A) is effective with enactment of Pub. L. 109–241. § 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 accord- ance with section 9701 of title 31. (2) The Secretary may not establish a fee or charge under paragraph (1) for inspection or ex- amination 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 inspec- tion 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 es- tablish 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 ad- justed 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, includ- ing 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 pro- viding a service or thing of value under this sub- title the Secretary may accept in-kind transpor- tation, 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 delin- quent 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 fail- ing to pay a fee or charge established under this section is liable to the United States Govern- ment for a civil penalty of not more than $5,000 for each violation. (f) When requested by the Secretary, the Sec- retary 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 Sec- retary 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 perform- ance 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.)