46 U.S.C. § 13108 — Computing amounts allocated to States and State records requirements
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 374 words · no verdicts yet
The Secretary calculates and pays each state's share of boating safety money based on that state's reported spending from the year before, adjusting later if the numbers turn out wrong. The Secretary can cut off further payments if a state's program stops meeting the required standards, and states must keep records available for audits.
(a) Amounts allocated under section 13104 are computed and paid to states as follows:
(1) During the second quarter of a fiscal year, based on computations made under section 13106 and submitted by the states for the prior fiscal year, the Secretary determines what percentage of available funds each eligible state* gets for the next fiscal year.
(2) States are told the percentage, and the dollar amount if it can be figured out, as early as practical.
(3) If the Secretary later finds that a state* got more or less money than it should have for a past year, because of newer or more accurate spending data, the Secretary may raise or lower the current year's payment to make up the difference.
(b) The Secretary must schedule payments, following program rules and Treasury regulations, to minimize the time between when money leaves the Treasury and when the state actually spends it.
(c) The Secretary must warn a state's boating authority that no more payments will be made until the program follows the required standards, or until a compliance failure is fixed, if the Secretary — after giving reasonable notice — finds that: (1) the state's boating safety program has changed so much that it no longer meets this chapter or its regulations; or (2) in running the program, the state substantially failed to follow the required standards.
(d) The Secretary must set up accounting, budgeting, and other fiscal procedures needed to run this section properly and efficiently. Records related to allocated amounts must be made available to the Secretary and the Comptroller General for audits.
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.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98–369, div. A, title X, § 1011(f), July 18, 1984, 98 Stat. 1013; Pub. L. 101–595, title III, § 312(d), Nov. 16, 1990, 104 Stat. 2987; Pub. L. 104–324, title VII, § 746(a)(3), (4), Oct. 19, 1996, 110 Stat. 3943; Pub. L. 109–304, § 16(c)(6), Oct. 6, 2006, 120 Stat. 1706.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 596
- 1984Amended · Pub. L. 98-369 · 98 Stat. 1013
- 1990Amended · Pub. L. 101-595 · 104 Stat. 2987
- 1996Amended · Pub. L. 104-324 · 110 Stat. 3943
- 2006Amended · Pub. L. 109-304 · 120 Stat. 1706
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
all 0 arguments · sorted by: best
no arguments yet — make the first case