Title 46 — Shipping
Part I · Chapter 131 — Recreational Boating Safety
§ 13108. Computing amounts allocated to States and State records requirements
Statutory text
Amounts allocated and distributed under section 13104 of this title shall be computed and paid to the States as follows:
During the second quarter of a fiscal year and on the basis of computations made under section 13106 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.
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.
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.
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.
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—
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
in carrying out the State recreational boating safety program, there has been a failure to comply substantially with the standards prescribed by regulations.
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.
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.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 13108
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596Tax Reform Act of 1984
Pub. L. 98–369 div. A title X § 1011(f) · 98 Stat. 494
Struck · 46 U.S.C. § 13108(c)(1); 46 U.S.C. § 13108(c)(2)
Pub. L. 98–369 struck out “and facilities improvement” after “boating safety”
Source evidence
Code amendment note
Subsec. (c)(1), (2). Pub. L. 98–369 struck out “and facilities improvement” after “boating safety”.Enacted provision · exact public law section
(f) Subsection (c) of section 13108 of such title is amended by 97 Stat. 596. striking out “and facilities improvement” each place it appears.Effective date note
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.Coast Guard Omnibus Act of 1990
Pub. L. 101–595 title III § 312(d) · 104 Stat. 2979
Amended · 46 U.S.C. § 13108(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(d) in section 13108(a)(1) to read as follows: “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 proceeding fiscal year, the Secertary shall determine the percentage of the amounts available to which each eligible State is entitled for the next fiscal year.”.Coast Guard Authorization Act of 1996
Pub. L. 104–324 title VII § 746(a)(3) · 110 Stat. 3901
Substituted · 46 U.S.C. § 13108(a)(1)
Pub. L. 104–324 substituted “preceding” for “proceeding”
Substituted · 46 U.S.C. § 13108(a)(1)
Pub. L. 104–324 substituted “Secretary” for “Secertary”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–324 substituted “preceding” for “proceeding” and “Secretary” for “Secertary”.Enacted provision · exact public law section
(3) by striking “proceeding” in section 13108(a)(1) and inserting “preceding”; andPub. L. 109–304 § 16(c)(6) · 120 Stat. 1485
Substituted · 46 U.S.C. § 13108(a)
Pub. L. 109–304 substituted “section 13104” for “section 13103” in par. (1)
Substituted · 46 U.S.C. § 13108(a)
Pub. L. 109–304 substituted “section 13106” for “section 13105” in par. (1)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–304 substituted “section 13104” for “section 13103” in introductory provisions and “section 13106” for “section 13105” in par. (1).Enacted provision · exact public law section
(6) Section 13108(a) of title 46, United States Code, is amended by— (A) striking “section 13103” and substituting “section 13104”; and (B) striking “section 13105” and substituting “section 13106”.
6 of 7 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| 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.
Editorial Notes
Amendments1984–2006 · 4 rounds
2006
Subsec. (a). Pub. L. 109–304 substituted “section 13104” for “section 13103” in introductory provisions and “section 13106” for “section 13105” in par. (1).
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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 effective , to apply with respect to fiscal years beginning after , see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.