§13108 — Title 46 Shipping | U.S. Code

Summary

The Secretary decides each State’s share of the money in the second quarter of the fiscal year. The decision uses the calculations the States sent for the previous year. The Secretary tells each State its percent and, if possible, the dollar amount as soon as possible. If later, more accurate State spending data shows a prior year’s amount was wrong, the Secretary can raise or lower the current year’s payment by the needed amount. The Secretary will time payments to keep the delay small between Treasury transfers and when States spend the money. After reasonable notice, the Secretary can stop payments until problems are fixed if a State’s boating safety program no longer meets the rules or has not followed them. The Secretary must set reasonable accounting and budgeting rules and must make records available to the Secretary and the Comptroller General for audits.

Title 46, §13108

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(a)Amounts allocated and distributed under section 13104 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 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.

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1310846:1480 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

Amendments

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 AmendmentAmendment 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.

§13108 Computing amounts allocated to States and State records requirements