
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC13108]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                  Part I--State Boating Safety Programs
 
                CHAPTER 131--RECREATIONAL BOATING SAFETY
 
Sec. 13108. Computing amounts allocated to States and State 
        records requirements
        
    (a) Amounts allocated and distributed under section 13103 of this 
title shall be computed and paid to the States as follows:
        (1) During the second quarter of a fiscal year and on the basis 
    of computations made under section 13105 of this title and submitted 
    by the States for the preceding fiscal year, the Secretary shall 
    determine the percentage of the amounts available to which each 
    eligible State is entitled for the next fiscal year.
        (2) Notice of the percentage and of the dollar amount, if it can 
    be determined, for each State shall be provided to the States at the 
    earliest practicable time.
        (3) If the Secretary determines that an amount made available to 
    a State for a prior fiscal year is greater or less than the amount 
    that should have been made available to the State for the prior 
    fiscal year, because of later or more accurate State expenditure 
    information, the amount for the current fiscal year may be increased 
    or decreased by the appropriate amount.

    (b) The Secretary shall schedule the payment of amounts, consistent 
with the program purposes and applicable regulations prescribed by the 
Secretary of the Treasury, to minimize the time elapsing between the 
transfer of amounts from the Treasury and the subsequent disbursement of 
the amounts by a State.
    (c) The Secretary shall notify a State authority or agency that 
further payments will be made to the State only when the program 
complies with the prescribed standards or a failure to comply 
substantially with standards is corrected if the Secretary, after 
reasonable notice to the designated State authority or agency, finds 
that--
        (1) the State recreational boating safety program submitted by 
    the State and accepted by the Secretary has been so changed that it 
    no longer complies with this chapter or standards prescribed by 
    regulations; or
        (2) in carrying out the State recreational boating safety 
    program, there has been a failure to comply substantially with the 
    standards prescribed by regulations.

    (d) The Secretary shall provide for the accounting, budgeting, and 
other fiscal procedures that are necessary and reasonable to carry out 
this section properly and efficiently. Records related to amounts 
allocated under this chapter shall be made available to the Secretary 
and the Comptroller General to conduct audits.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98-369, div. A, 
title X, Sec. 1011(f), July 18, 1984, 98 Stat. 1013; Pub. L. 101-595, 
title III, Sec. 312(d), Nov. 16, 1990, 104 Stat. 2987; Pub. L. 104-324, 
title VII, Sec. 746(a)(3), (4), Oct. 19, 1996, 110 Stat. 3943.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
13108.............................  46:1480
------------------------------------------------------------------------

    Section 13108 sets forth the manner that the Secretary shall compute 
the amounts to be allocated to the States, State record requirements, 
and authority for the General Accounting Office to review the records 
when conducting audits.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-324 substituted ``preceding'' for 
``proceeding'' and ``Secretary'' for ``Secertary''.
    1990--Subsec. (a)(1). Pub. L. 101-595 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``During the last quarter 
of a fiscal year and on the basis of computations made under section 
13105 of this title and submitted by the States, the Secretary shall 
determine the percentage of the amounts available for the next fiscal 
year to which each eligible State is entitled.''
    1984--Subsec. (c)(1), (2). Pub. L. 98-369 struck out ``and 
facilities improvement'' after ``boating safety''.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with 
respect to fiscal years beginning after Sept. 30, 1984, see section 1013 
of Pub. L. 98-369, set out as a note under section 13101 of this title.
