Title 15, Commerce and TradeRelease 119-110

§8715 Limitations on Obligation of Funds

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

Last updated Sep 22, 2026|Official source

Summary

Each year during the covered period, the Board cannot promise to spend more money than the sum of three amounts: 73% of the year’s estimated assessments, 73% of the assessments actually collected in the most recent audited year minus the estimate already counted for that audited year, and any unused amounts carried over from earlier years. For the 9th and 10th fiscal years that start on or after October 5, 2018, the first item uses 62% of the most recent audited year’s collections instead of 73%. Any assessments collected above the yearly limit must go into an escrow account for the covered period. The Board cannot use, spend, or borrow those escrowed funds during the covered period, and any interest earned also stays in escrow and cannot be used. After the covered period ends, the Board may take out and use up to one-fifth of the escrow balance each fiscal year. The covered period begins on October 5, 2018, and ends on the last day of the 11th fiscal year that starts on or after that date.

Full Legal Text

Title 15, §8715

Commerce and Trade, Source: USLM XML via OLRC

(a)In general
In each fiscal year of the covered period, the Board may not obligate an amount greater than the sum of— (1)
(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)Excess amounts deposited in escrow account
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)Treatment of amounts in escrow account
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)Release of amounts in escrow account
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)Special rule for estimates for particular fiscal years
(1)Rule
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)Fiscal years specified
The fiscal years specified in this paragraph are the 9th and 10th fiscal years that begin on or after October 5, 2018.
(f)Covered period defined
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 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110