Title 15Commerce and TradeRelease 119-73

§8715 Limitations on obligation of funds

Title 15 › Chapter CHAPTER 113— - CONCRETE MASONRY PRODUCTS RESEARCH, EDUCATION, AND PROMOTION › § 8715

Last updated Apr 6, 2026|Official source

Summary

Limits how much money the Board can commit each fiscal year during the covered period. The yearly limit equals three parts added together: 73% of the Board’s estimate of assessments to be collected that year; 73% of the assessments actually collected in the most recent audited year (minus the estimate already used for that audited year); and any unused amounts that were allowed to be committed in earlier years. Any assessments collected above that limit must go into an escrow account and cannot be committed, spent, or borrowed during the covered period. Interest on that escrow also stays in the account. After the covered period ends, the Board may withdraw and use up to 1/5 of the escrow balance as it stood on the last day of the covered period in each fiscal year. For the 9th and 10th fiscal years that begin on or after October 5, 2018, the estimate used in the first part is fixed at 62% of the most recent audited collections. Covered period: starts October 5, 2018, and ends on the last day of the 11th fiscal year that begins on or after that date.

Full Legal Text

Title 15, §8715

Commerce and Trade — Source: USLM XML via OLRC

(a)In each fiscal year of the covered period, the Board may not obligate an amount greater than the sum of—
(1)73 percent of the amount of assessments estimated to be collected under section 8705 of this title in such fiscal year;
(2)73 percent of the amount of assessments actually collected under section 8705 of this title in the most recent fiscal year for which an audit report has been submitted under section 8704(f)(2)(B) of this title as of the beginning of the fiscal year for which the amount that may be obligated is being determined, less the estimate made pursuant to paragraph (1) for such most recent fiscal year; and
(3)amounts permitted in preceding fiscal years to be obligated pursuant to this subsection that have not been obligated.
(b)Assessments collected under section 8705 of this title in excess of the amount permitted to be obligated under subsection (a) in a fiscal year shall be deposited in an escrow account for the duration of the covered period.
(c)During the covered period, the Board may not obligate, expend, or borrow against amounts required under subsection (b) to be deposited in the escrow account. Any interest earned on such amounts shall be deposited in the escrow account and shall be unavailable for obligation for the duration of the covered period.
(d)After the covered period, the Board may withdraw and obligate in any fiscal year an amount in the escrow account that does not exceed ⅕ of the amount in the escrow account on the last day of the covered period.
(e)(1)For purposes of subsection (a)(1), the amount of assessments estimated to be collected under section 8705 of this title in a fiscal year specified in paragraph (2) shall be equal to 62 percent of the amount of assessments actually collected under such section in the most recent fiscal year for which an audit report has been submitted under section 8704(f)(2)(B) of this title as of the beginning of the fiscal year for which the amount that may be obligated is being determined.
(2)The fiscal years specified in this paragraph are the 9th and 10th fiscal years that begin on or after October 5, 2018.
(f)In this section, the term “covered period” means the period that begins on October 5, 2018, and ends on the last day of the 11th fiscal year that begins on or after such date.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8715

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73