ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

15 U.S.C. § 8715 — Limitations on obligation of funds

submitted 8 years ago by Pub. L. 115-254 to r/title-15-COMMERCE-AND-TRADE · 443 words · no verdicts yet

in plain englishAI-generated · not legal advice

During the covered period, the Board’s yearly obligations are limited mainly to 73 percent of assessments, with special rules for estimates and prior unused amounts. Excess collections go into an escrow account and are released only under the stated limits after the period.

(a) In each fiscal year of the covered period, the Board may obligate no more than the total of (1) 73 percent of assessments estimated for that year; (2) 73 percent of assessments actually collected in the latest audited fiscal year, minus that year’s paragraph (1) estimate; and (3) amounts allowed in earlier years but not used. (b) Assessments collected above that limit go into an escrow account for the covered period. (c) During the period, the Board may not obligate, spend, or borrow against escrow money. Interest also goes into escrow and cannot be obligated during the period. (d) After the period, the Board may withdraw and obligate in any year no more than one-fifth of the escrow balance on the period’s last day. (e)(1) For the paragraph (a)(1) estimate in the specified years, use 62 percent of assessments actually collected in the latest audited fiscal year. (2) The specified years are the ninth and tenth fiscal years beginning on or after October 5, 2018. (f) “Covered period” means the period beginning October 5, 2018, and ending on the last day of the eleventh fiscal year beginning on or after that date. This section does not define “Board,” “assessments,” or “covered period” beyond this definition.

the actual law source: uscode.house.gov ↗public domain
(a) In general

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) 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.

Source credit: (Pub. L. 115–254, div. E, § 1316, Oct. 5, 2018, 132 Stat. 3483.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-254 · 132 Stat. 3483

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case