IB 

Union Calendar No. 519 

114TH CONGRESS 

2D SESSION H. R. 985 

[Report No. 114–671] 

To enable concrete masonry products manufacturers to establish, finance, 

and carry out a coordinated program of research, education, and promotion to improve, maintain, and develop markets for concrete masonry 

products. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2015 

Mr. GUTHRIE (for himself and Ms. CASTOR of Florida) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

JULY 8, 2016 

Additional sponsors: Mrs. ELLMERS of North Carolina, Mr. HUDSON, Mr. 

BUTTERFIELD, Mr. SHIMKUS, Mr. HARPER, Mr. BUCSHON, Mr. MCKINLEY, Ms. MATSUI, Mr. WILSON of South Carolina, Mr. WHITFIELD, Mr. 

YARMUTH, Mr. OLSON, Mr. HUIZENGA of Michigan, Mr. RIBBLE, Ms. 

MOORE, Mr. COLLINS of New York, Mr. WALBERG, Mr. LEVIN, Mr. 

GRAVES of Missouri, Mr. GARAMENDI, Mr. MCHENRY, Mr. CONNOLLY, 

Ms. CLARK of Massachusetts, Mr. MCGOVERN, Mr. LUETKEMEYER, Ms. 

BROWNLEY of California, Mr. POSEY, Mr. AMODEI, Mr. LONG, Ms. 

SINEMA, Mr. LOEBSACK, Mr. MEEHAN, Mr. HANNA, Mr. LIPINSKI, Mrs. 

HARTZLER, Mr. HUELSKAMP, Mrs. BROOKS of Indiana, Mr. KINZINGER

of Illinois, Mr. RUSH, Mr. DENT, Mr. KING of Iowa, Mrs. BLACKBURN, 

Mr. BENISHEK, Mr. MURPHY of Florida, Mr. WALZ, Mr. CONYERS, Ms. 

ESTY, Mr. TIBERI, Mrs. MILLER of Michigan, Mr. ISRAEL, Mr. WEBSTER of Florida, Mr. RYAN of Ohio, Mr. NEUGEBAUER, Mr. NOLAN, Mr. 

JOHNSON of Ohio, Mr. PETERSON, Mr. CUMMINGS, Ms. NORTON, Mr. 

MILLER of Florida, Mr. RUPPERSBERGER, Mr. VAN HOLLEN, Mr. BLUM, 

Ms. DELBENE, Mr. HECK of Washington, Mr. KILMER, Mr. KILDEE, Mr. 

CARTWRIGHT, Mrs. CAROLYN B. MALONEY of New York, Ms. KAPTUR, 

Mr. BISHOP of Michigan, Ms. TSONGAS, Mr. DELANEY, Mr. PALAZZO, 

Mr. ADERHOLT, Mr. BYRNE, Mr. RODNEY DAVIS of Illinois, Mr. BEN

RAY LUJA ́N of New Mexico, Mr. COLE, Mr. FATTAH, Ms. WILSON of 

Florida, Mr. DESJARLAIS, Mr. COOPER, Mr. KELLY of Pennsylvania, Mr. 


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KENNEDY, Mr. HOLDING, Mr. CHABOT, Mr. ROUZER, Mr. FRANKS of 

Arizona, Mr. WILLIAMS, Ms. GRANGER, Mr. SMITH of Washington, Mr. 

HULTGREN, Mr. GOODLATTE, Mr. BOST, Mr. TURNER, Mrs. ROBY, Ms. 

SEWELL of Alabama, Mr. HUNTER, Ms. JENKINS of Kansas, Mrs. 

BEATTY, Ms. SPEIER, Mr. CARNEY, Mr. HINOJOSA, Mr. MURPHY of 

Pennsylvania, Ms. JACKSON LEE, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. SMITH of Texas, Mr. SESSIONS, Ms. DEGETTE, Mr. GRAYSON, 

Mr. HASTINGS, Mr. BARLETTA, Mr. DENHAM, Ms. FRANKEL of Florida, 

Mr. YOHO, Mr. CRENSHAW, Mr. VALADAO, Mr. JONES, Mr. MESSER, Mr. 

ROONEY of Florida, Mr. FARENTHOLD, Mr. DIAZ-BALART, Mr. DUFFY, 

Mr. HUFFMAN, Mr. TAKANO, Mr. POE of Texas, Ms. ROS-LEHTINEN, 

Mr. BARR, Mr. ROGERS of Alabama, Ms. VELA ́ZQUEZ, Ms. BROWN of 

Florida, Mr. BRADY of Pennsylvania, Mr. VARGAS, Mr. YODER, Mr. 

THOMPSON of Pennsylvania, Mr. FITZPATRICK, Mr. STIVERS, Mr. COSTA, 

Mr. GIBSON, Mr. KING of New York, Mr. NEAL, Mr. DUNCAN of Tennessee, Mr. FINCHER, Mr. ROYCE, Mrs. BUSTOS, Mr. TONKO, Mr. ROSKAM, Mr. COSTELLO of Pennsylvania, Mr. MEADOWS, Mr. BERA, Mr. 

SARBANES, Ms. KUSTER, Mr. CALVERT, Mr. MULLIN, Mr. HIGGINS, Mrs. 

CAPPS, Mr. CARTER of Texas, Mr. PETERS, Mr. KATKO, Mr. ROGERS of 

Kentucky, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. LAWRENCE, 

Ms. KELLY of Illinois, Mr. FOSTER, Mr. ROSS, Ms. WASSERMAN

SCHULTZ, Mr. QUIGLEY, Mr. JENKINS of West Virginia, Mr. GRIFFITH, 

Ms. ADAMS, Mr. COHEN, Mr. BILIRAKIS, Mr. DOLD, Mr. SHUSTER, Mr. 

REED, Mr. ROE of Tennessee, Mr. MICA, Mr. BUCHANAN, Mr. 

GUTIE ́RREZ, Mr. POCAN, Mr. COOK, Mr. CONAWAY, Mr. LYNCH, Mr. 

SCOTT of Virginia, Mr. NUGENT, Mr. GALLEGO, Ms. MICHELLE LUJAN

GRISHAM of New Mexico, Mr. BISHOP of Utah, Mr. JOYCE, Mr. 

SCHWEIKERT, Mr. CARSON of Indiana, Mr. STEWART, Mrs. KIRKPATRICK, Mr. CARTER of Georgia, Mr. PEARCE, Mr. THOMPSON of Mississippi, Mr. CRAWFORD, Mr. LAMBORN, Mr. TIPTON, Mr. DAVID SCOTT

of Georgia, Ms. DUCKWORTH, Mr. PAYNE, Mr. PASCRELL, Mr. HONDA, 

Mr. CLAY, Mr. RUIZ, Mr. FLEISCHMANN, Mr. COLLINS of Georgia, Ms. 

SLAUGHTER, Mr. TROTT, Mr. LOBIONDO, Mrs. DINGELL, Mrs. NOEM, 

Mr. SIRES, Ms. MCCOLLUM, Mr. SERRANO, Mr. GENE GREEN of Texas, 

Ms. ROYBAL-ALLARD, Mr. KIND, Mrs. WATSON COLEMAN, Mr. 

CICILLINE, Mr. CA ́RDENAS, Mr. WOMACK, Ms. EDWARDS, Mrs. WAGNER, 

Mr. TED LIEU of California, Mrs. DAVIS of California, Mr. WESTERMAN, 

Mr. ROKITA, Mr. LUCAS, Mr. ASHFORD, Mr. BRIDENSTINE, Mr. 

LOWENTHAL, Mr. DESAULNIER, Mr. ALLEN, Mr. KELLY of Mississippi, 

Mr. PERLMUTTER, Mr. ABRAHAM, Mr. NUNES, Mrs. COMSTOCK, Mr. 

GRIJALVA, Mr. REICHERT, Mr. YOUNG of Iowa, Mr. PRICE of North 

Carolina, Mr. WALKER, and Mr. YOUNG of Indiana 


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JULY 8, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 13, 2015] 


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A BILL 

To enable concrete masonry products manufacturers to establish, finance, and carry out a coordinated program of 

research, education, and promotion to improve, maintain, 

and develop markets for concrete masonry products. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Concrete Masonry Prod5 ucts Research, Education, and Promotion Act of 2015’’. 

6 SEC. 2. DECLARATION OF POLICY. 

7 (a) PURPOSE.—The purpose of this Act is to authorize 

8 the establishment of an orderly program for developing, fi9 nancing, and carrying out an effective, continuous, and co10 ordinated program of research, education, and promotion, 

11 including funds for marketing and market research activi12 ties, that is designed to— 

13 (1) strengthen the position of the concrete ma14 sonry products industry in the domestic marketplace; 

15 (2) maintain, develop, and expand markets and 

16 uses for concrete masonry products in the domestic 

17 marketplace; and 

18 (3) promote the use of concrete masonry products 

19 in construction and building. 

20 (b) LIMITATION.—Nothing in this Act may be con21 strued to provide for the control of production or otherwise 

22 limit the right of any person to manufacture concrete ma23 sonry products. 

24 SEC. 3. DEFINITIONS. 

25 For the purposes of this Act: 


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1 (1) BLOCK MACHINE.—The term ‘‘block ma2 chine’’ means a piece of equipment that utilizes vibra3 tion and compaction to form concrete masonry prod4 ucts. 

5 (2) BOARD.—The term ‘‘Board’’ means the Con6 crete Masonry Products Board established under sec7 tion 5. 

8 (3) CAVITY.—The term ‘‘cavity’’ means the open 

9 space in the mold of a block machine capable of form10 ing a single concrete masonry unit having nominal 

11 plan dimensions of 8 inches by 16 inches. 

12 (4) COMMERCE.—The term ‘‘commerce’’ includes 

13 interstate, foreign, and intrastate commerce. 

14 (5) CONCRETE MASONRY PRODUCTS.—The term 

15 ‘‘concrete masonry products’’ refers to a broader class 

16 of products, including concrete masonry units as well 

17 as hardscape products such as concrete pavers and 

18 segmental retaining wall units, manufactured on a 

19 block machine using dry-cast concrete. 

20 (6) CONCRETE MASONRY UNIT.—The term ‘‘con21 crete masonry unit’’ means a concrete masonry prod22 uct that is a manmade masonry unit having an ac23 tual width of 3 inches or greater and manufactured 

24 from dry-cast concrete using a block machine. Such 


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1 term includes concrete block and related concrete 

2 units used in masonry applications. 

3 (7) CONFLICT OF INTEREST.—The term ‘‘conflict 

4 of interest’’ means, with respect to a member or em5 ployee of the Board, a situation in which such mem6 ber or employee has a direct or indirect financial or 

7 other interest in a person that performs a service for, 

8 or enters into a contract with, for anything of eco9 nomic value. 

10 (8) DEPARTMENT.—The term ‘‘Department’’ 

11 means the Department of Commerce. 

12 (9) DRY-CAST CONCRETE.—The term ‘‘dry-cast 

13 concrete’’ means a composite material that is com14 posed essentially of aggregates embedded in a binding 

15 medium composed of a mixture of cementitious mate16 rials (including hydraulic cement, pozzolans, or other 

17 cementitious materials) and water of such a consist18 ency to maintain its shape after forming in a block 

19 machine. 

20 (10) EDUCATION.—The term ‘‘education’’ means 

21 programs that will educate or communicate the bene22 fits of concrete masonry products in safe and environ23 mentally sustainable development, advancements in 

24 concrete masonry product technology and develop25 ment, and other information and programs designed 


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1 to generate increased demand for commercial, residen2 tial, multi-family, and institutional projects using 

3 concrete masonry products and to generally enhance 

4 the image of concrete masonry products. 

5 (11) MACHINE CAVITIES.—The term ‘‘machine 

6 cavities’’ means the cavities with which a block ma7 chine could be equipped. 

8 (12) MACHINE CAVITIES IN OPERATION.—The 

9 term ‘‘machine cavities in operation’’ means those 

10 machine cavities associated with a block machine that 

11 have produced concrete masonry units within the last 

12 6 months of the date set for determining eligibility 

13 and is fully operable and capable of producing con14 crete masonry units. 

15 (13) MANUFACTURER.—The term ‘‘manufac16 turer’’ means any person engaged in the manufac17 turing of commercial concrete masonry products in 

18 the United States. 

19 (14) MASONRY UNIT.—The term ‘‘masonry unit’’ 

20 means a noncombustible building product intended to 

21 be laid by hand or joined using mortar, grout, surface 

22 bonding, post-tensioning or some combination of these 

23 methods. 

24 (15) ORDER.—The term ‘‘order’’ means an order 

25 issued under section 4. 


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1 (16) PERSON.—The term ‘‘person’’ means any 

2 individual, group of individuals, partnership, cor3 poration, association, cooperative, or any other entity. 

4 (17) PROMOTION.—The term ‘‘promotion’’ means 

5 any action, including paid advertising, to advance 

6 the image and desirability of concrete masonry prod7 ucts with the express intent of improving the competi8 tive position and stimulating sales of concrete ma9 sonry products in the marketplace. 

10 (18) RESEARCH.—The term ‘‘research’’ means 

11 studies testing the effectiveness of market development 

12 and promotion efforts, studies relating to the improve13 ment of concrete masonry products and new product 

14 development, and studies documenting the perform15 ance of concrete masonry. 

16 (19) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Commerce. 

18 (20) UNITED STATES.—The term ‘‘United 

19 States’’ means the several States and the District of 

20 Columbia. 

21 SEC. 4. ISSUANCE OF ORDERS. 

22 (a) IN GENERAL.— 

23 (1) ISSUANCE.—The Secretary, subject to the 

24 procedures provided in subsection (b), shall issue orVerDate Sep 11 2014 23:48 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H985.RH H985

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1 ders under this Act applicable to manufacturers of 

2 concrete masonry products. 

3 (2) SCOPE.—Any order shall be national in 

4 scope. 

5 (3) ONE ORDER.—Not more than one order shall 

6 be in effect at any one time. 

7 (b) PROCEDURES.— 

8 (1) DEVELOPMENT OR RECEIPT OF PROPOSED

9 ORDER.—A proposed order with respect to the generic 

10 research, education, and promotion with regards to 

11 concrete masonry products may be— 

12 (A) proposed by the Secretary at any time; 

13 or 

14 (B) requested by or submitted to the Sec15 retary by— 

16 (i) an existing national organization 

17 of concrete masonry product manufacturers; 

18 or 

19 (ii) any person that may be affected by 

20 the issuance of an order. 

21 (2) PUBLICATION OF PROPOSED ORDER.—If the 

22 Secretary determines that a proposed order received 

23 in accordance with paragraph (1)(B) is consistent 

24 with and will effectuate the purpose of this Act, the 

25 Secretary shall publish such proposed order in the 


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1 Federal Register not later than 90 days after receiv2 ing the order, and give not less than 30 days notice 

3 and opportunity for public comment on the proposed 

4 order. 

5 (3) ISSUANCE OF ORDER.— 

6 (A) IN GENERAL.—After notice and oppor7 tunity for public comment are provided in ac8 cordance with paragraph (2), the Secretary shall 

9 issue the order, taking into consideration the 

10 comments received and including in the order 

11 such provisions as are necessary to ensure that 

12 the order is in conformity with this Act. 

13 (B) EFFECTIVE DATE.—If there is an af14 firmative vote in a referendum as provided in 

15 section 7, the Secretary shall issue the order and 

16 such order shall be effective not later than 140 

17 days after publication of the proposed order. 

18 (c) AMENDMENTS.—The Secretary may, from time to 

19 time, amend an order. The provisions of this Act applicable 

20 to an order shall be applicable to any amendment to an 

21 order. 

22 SEC. 5. REQUIRED TERMS IN ORDERS. 

23 (a) IN GENERAL.—Any order issued under this Act 

24 shall contain the terms and provisions specified in this sec25 tion. 


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1 (b) CONCRETE MASONRY PRODUCTS BOARD.— 

2 (1) ESTABLISHMENT AND MEMBERSHIP.— 

3 (A) ESTABLISHMENT.—The order shall pro4 vide for the establishment of a Concrete Masonry 

5 Products Board to carry out a program of ge6 neric promotion, research, and education regard7 ing concrete masonry products. 

8 (B) MEMBERSHIP.— 

9 (i) NUMBER OF MEMBERS.—The board 

10 shall consist of not less than 15 and not 

11 more than 25 members. 

12 (ii) APPOINTMENT.—The members of 

13 the Board shall be appointed by the Sec14 retary from nominations submitted as pro15 vided in the order. 

16 (iii) COMPOSITION.—The Board shall 

17 consist of manufacturers. No employee of an 

18 industry trade organization exempt from 

19 tax under paragraphs (3) or (6) of section 

20 501(c) of the Internal Revenue Code of 1986 

21 (26 U.S.C. 501(c)) representing the concrete 

22 masonry industry or related industries shall 

23 serve as a member of the Board and no 

24 member of the Board may serve concur25 rently as an officer of the board of directors 


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1 of a national concrete masonry products in2 dustry trade association. Only two individ3 uals from any single company or its affili4 ates may serve on the Board at any one 

5 time. 

6 (2) DISTRIBUTION OF APPOINTMENTS.— 

7 (A) REPRESENTATION.—To ensure fair and 

8 equitable representation of the concrete masonry 

9 products industry, the composition of the Board 

10 shall reflect the geographical distribution of the 

11 manufacture of concrete masonry products in the 

12 United States, the types of concrete masonry 

13 products manufactured, and the range in size of 

14 manufacturers in the United States. 

15 (B) ADJUSTMENT IN BOARD REPRESENTA16 TION.—Three years after the assessment of con17 crete masonry products commences pursuant to 

18 an order, and at the end of each 3-year period 

19 thereafter, the Board, subject to the review and 

20 approval of the Secretary, shall, if warranted, 

21 recommend to the Secretary the reapportionment 

22 of the Board membership to reflect changes in the 

23 geographical distribution of the manufacture of 

24 concrete masonry products and the types of con25 crete masonry products manufactured. 


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1 (3) NOMINATIONS PROCESS.—The Secretary may 

2 make appointments from nominations by manufac3 turers pursuant to the method set forth in the order. 

4 (4) FAILURE TO APPOINT.—If the Secretary fails 

5 to make an appointment to the Board within 60 days 

6 of receiving nominations for such appointment, the 

7 first nominee for such appointment shall be deemed 

8 appointed, unless the Secretary provides reasonable 

9 justification for the delay to the Board and to Con10 gress and provides a reasonable date by which ap11 proval or disapproval will be made. 

12 (5) ALTERNATES.—The order shall provide for 

13 the selection of alternate members of the Board by the 

14 Secretary in accordance with procedures specified in 

15 the order. 

16 (6) TERMS.— 

17 (A) IN GENERAL.—The members and any 

18 alternates of the Board shall each serve for a 

19 term of 3 years, except that members and any al20 ternates initially appointed to the Board shall 

21 serve for terms of not more than 2, 3, and 4 

22 years, as specified by the order. 

23 (B) LIMITATION ON CONSECUTIVE TERMS.— 

24 A member or an alternate may serve not more 

25 than 2 consecutive terms. 


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1 (C) CONTINUATION OF TERM.—Notwith2 standing subparagraph (B), each member or al3 ternate shall continue to serve until a successor 

4 is appointed by the Secretary. 

5 (D) VACANCIES.—A vacancy arising before 

6 the expiration of a term of office of an incum7 bent member or alternate of the Board shall be 

8 filled in a manner provided for in the order. 

9 (7) DISQUALIFICATION FROM BOARD SERVICE.— 

10 The order shall provide that if a member or alternate 

11 of the Board who was appointed as a manufacturer 

12 ceases to qualify as a manufacturer, such member or 

13 alternate shall be disqualified from serving on the 

14 Board. 

15 (8) COMPENSATION.— 

16 (A) IN GENERAL.—Members and any alter17 nates of the Board shall serve without compensa18 tion. 

19 (B) TRAVEL EXPENSES.—If approved by the 

20 Board, members or alternates shall be reimbursed 

21 for reasonable travel expenses, which may in22 clude per diem allowance or actual subsistence 

23 incurred while away from their homes or regular 

24 places of business in the performance of services 

25 for the Board. 


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1 (c) POWERS AND DUTIES OF THE BOARD.—The order 

2 shall specify the powers and duties of the Board, including 

3 the power and duty— 

4 (1) to administer the order in accordance with 

5 its terms and conditions and to collect assessments; 

6 (2) to develop and recommend to the Secretary 

7 for approval such bylaws as may be necessary for the 

8 functioning of the Board and such rules as may be 

9 necessary to administer the order, including activities 

10 authorized to be carried out under the order; 

11 (3) to meet, organize, and select from among 

12 members of the Board a chairperson, other officers, 

13 and committees and subcommittees, as the Board de14 termines appropriate; 

15 (4) to establish regional organizations or com16 mittees to administer regional initiatives; 

17 (5) to establish working committees of persons 

18 other than Board members; 

19 (6) to employ such persons, other than the mem20 bers, as the board considers necessary, and to deter21 mine the compensation and specify the duties of the 

22 persons; 

23 (7) to prepare and submit for the approval of the 

24 Secretary, before the beginning of each fiscal year, 

25 rates of assessment under section 6 and an annual 


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1 budget of the anticipated expenses to be incurred in 

2 the administration of the order, including the prob3 able cost of each promotion, research, and information 

4 activity proposed to be developed or carried out by the 

5 Board; 

6 (8) to borrow funds necessary for the startup ex7 penses of the order; 

8 (9) to carry out generic research, education, and 

9 promotion programs and projects relating to concrete 

10 masonry products, and to pay the costs of such pro11 grams and projects with assessments collected under 

12 section 6; 

13 (10) subject to subsection (e), to enter into con14 tracts or agreements to develop and carry out pro15 grams or projects of research, education, and pro16 motion relating to concrete masonry products; 

17 (11) to keep minutes, books, and records that re18 flect the actions and transactions of the Board, and 

19 promptly report minutes of each Board meeting to the 

20 Secretary; 

21 (12) to receive, investigate, and report to the Sec22 retary complaints of violations of the order; 

23 (13) to furnish the Secretary with such informa24 tion as the Secretary may request; 


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1 (14) to recommend to the Secretary such amend2 ments to the order as the Board considers appro3 priate; and 

4 (15) to provide the Secretary with advance no5 tice of meetings to permit the Secretary or the Sec6 retary’s representative to attend the meetings. 

7 (d) PROGRAMS AND PROJECTS; BUDGETS; EX8 PENSES.— 

9 (1) PROGRAMS AND PROJECTS.— 

10 (A) IN GENERAL.—The order shall require 

11 the Board to submit to the Secretary for ap12 proval any program or project of research, edu13 cation, or promotion relating to concrete ma14 sonry products. 

15 (B) STATEMENT REQUIRED.—Any edu16 cational or promotional activity undertaken 

17 with funds provided by the Board shall include 

18 a statement that such activities were supported 

19 in whole or in part by the Board. 

20 (2) BUDGETS.— 

21 (A) SUBMISSION.—The order shall require 

22 the Board to submit to the Secretary for ap23 proval a budget of the anticipated expenses and 

24 disbursements of the Board in the implementa25 tion of the order, including the projected costs of 


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1 concrete masonry products research, education, 

2 and promotion programs and projects. 

3 (B) TIMING.—The budget shall be submitted 

4 before the beginning of a fiscal year and as fre5 quently as may be necessary after the beginning 

6 of the fiscal year. 

7 (C) APPROVAL.—If the Secretary fails to 

8 approve or reject a budget within 60 days of re9 ceipt, such budget shall be deemed approved, un10 less the Secretary provides to the Board and to 

11 Congress, in writing, reasonable justification for 

12 the delay and provides a reasonable date by 

13 which approval or disapproval will be made. 

14 (3) ADMINISTRATIVE EXPENSES.— 

15 (A) INCURRING EXPENSES.—The Board 

16 may incur the expenses described in paragraph 

17 (2) and other expenses for the administration, 

18 maintenance, and functioning of the Board as 

19 authorized by the Secretary. 

20 (B) PAYMENT OF EXPENSES.—Expenses in21 curred under subparagraph (A) shall be paid by 

22 the Board using assessments collected under sec23 tion 6, earnings obtained from assessments, and 

24 other income of the Board. Any funds borrowed 


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1 by the Board shall be expended only for startup 

2 costs and capital outlays. 

3 (C) LIMITATION ON SPENDING.—For fiscal 

4 years beginning 3 or more years after the date 

5 of the establishment of the Board, the Board may 

6 not expend for administration (except for reim7 bursement to the Secretary required under sub8 paragraph (D)), maintenance, and functioning 

9 of the Board in a fiscal year an amount that ex10 ceeds 10 percent of the assessment and other in11 come received by the Board for the fiscal year. 

12 (D) REIMBURSEMENT OF SECRETARY.—The 

13 order shall require that the Secretary be reim14 bursed by the Board from assessments for all ex15 penses incurred by the Secretary in the imple16 mentation, administration, and supervision of 

17 the order, including all referenda costs incurred 

18 in connection with the order. 

19 (e) CONTRACTS AND AGREEMENTS.— 

20 (1) IN GENERAL.—The order shall provide that, 

21 with the approval of the Secretary, the Board may— 

22 (A) enter into contracts and agreements to 

23 carry out generic research, education, and pro24 motion programs and projects relating to con25 crete masonry products, including contracts and 


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1 agreements with manufacturer associations or 

2 other entities as considered appropriate by the 

3 Secretary; 

4 (B) enter into contracts and agreements for 

5 administrative services; and 

6 (C) pay the cost of approved generic re7 search, education, and promotion programs and 

8 projects using assessments collected under section 

9 6, earnings obtained from assessments, and other 

10 income of the Board. 

11 (2) REQUIREMENTS.—Each contract or agree12 ment shall provide that any person who enters into 

13 the contract or agreement with the Board shall— 

14 (A) develop and submit to the Board a pro15 posed program or project together with a budget 

16 that specifies the cost to be incurred to carry out 

17 the program or project; 

18 (B) keep accurate records of all of trans19 actions relating to the contract or agreement; 

20 (C) account for funds received and expended 

21 in connection with the contract or agreement; 

22 (D) make periodic reports to the Board of 

23 activities conducted under the contract or agree24 ment; and 


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1 (E) make such other reports as the Board or 

2 the Secretary considers relevant. 

3 (3) FAILURE TO APPROVE.—If the Secretary fails 

4 to approve or reject a contract or agreement entered 

5 into under paragraph (1) within 60 days of receipt, 

6 the contract or agreement shall be deemed approved, 

7 unless the Secretary provides to the Board and to 

8 Congress, in writing, reasonable justification for the 

9 delay and provides a reasonable date by which ap10 proval or disapproval will be made. 

11 (f) BOOKS AND RECORDS OF BOARD.— 

12 (1) IN GENERAL.—The order shall require the 

13 Board to— 

14 (A) maintain such books and records (which 

15 shall be available to the Secretary for inspection 

16 and audit) as the Secretary may require; 

17 (B) collect and submit to the Secretary, at 

18 any time the Secretary may specify, any infor19 mation the Secretary may request; and 

20 (C) account for the receipt and disburse21 ment of all funds in the possession, or under the 

22 control, of the Board. 

23 (2) AUDITS.—The order shall require the Board 

24 to have— 


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1 (A) the books and records of the Board au2 dited by an independent auditor at the end of 

3 each fiscal year; and 

4 (B) a report of the audit submitted directly 

5 to the Secretary. 

6 (g) PROHIBITED ACTIVITIES.— 

7 (1) IN GENERAL.—Subject to paragraph (2), the 

8 Board shall not engage in any program or project to, 

9 nor shall any funds received by the Board under this 

10 Act be used to— 

11 (A) influence legislation, elections, or gov12 ernmental action; 

13 (B) engage in an action that would be a 

14 conflict of interest; 

15 (C) engage in advertising that is false or 

16 misleading; 

17 (D) engage in any promotion, research, or 

18 education that would be disparaging to other 

19 construction materials; or 

20 (E) engage in any promotion or project that 

21 would benefit any individual manufacturer. 

22 (2) EXCEPTIONS.—Paragraph (1) does not pre23 clude— 

24 (A) the development and recommendation of 

25 amendments to the order; 


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1 (B) the communication to appropriate gov2 ernment officials of information relating to the 

3 conduct, implementation, or results of research, 

4 education, and promotion activities under the 

5 order except communications described in para6 graph(1)(A); or 

7 (C) any lawful action designed to market 

8 concrete masonry products directly to a foreign 

9 government or political subdivision of a foreign 

10 government. 

11 (h) PERIODIC EVALUATION.—The order shall require 

12 the Board to provide for the independent evaluation of all 

13 research, education, and promotion programs or projects 

14 undertaken under the order, beginning five years after the 

15 date of enactment of this Act and every three years there16 after. The Board shall submit to the Secretary and make 

17 available to the public the results of each such evaluation. 

18 (i) OBJECTIVES.—The Board shall establish annual re19 search, education, and promotion objectives and perform20 ance metrics for each fiscal year subject to approval by the 

21 Secretary. 

22 (j) BIENNIAL REPORT.—Every two years the Board 

23 shall prepare and make publicly available a comprehensive 

24 and detailed report that includes an identification and de25 scription of all programs and projects undertaken by the 


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1 Board during the previous two years as well as those 

2 planned for the subsequent two years and detail the alloca3 tion or planned allocation of Board resources for each such 

4 program or project. Such report shall also include— 

5 (1) the Board’s overall financial condition; 

6 (2) a summary of the amounts obligated or ex7 pended during the two preceding fiscal years; and 

8 (3) a description of the extent to which the 

9 Board’s objectives were met according to the metrics 

10 required under subsection (i). 

11 (k) BOOKS AND RECORDS OF PERSONS COVERED BY

12 ORDER.— 

13 (1) IN GENERAL.—The order shall require that 

14 manufacturers shall— 

15 (A) maintain records sufficient to ensure 

16 compliance with the order and regulations; and 

17 (B) make the records described in subpara18 graph (A) available, during normal business 

19 hours, for inspection by employees or agents of 

20 the Board or the Department. 

21 (2) TIME REQUIREMENT.—Any record required 

22 to be maintained under paragraph (1) shall be main23 tained for such time period as the Secretary may pre24 scribe. 

25 (3) CONFIDENTIALITY OF INFORMATION.— 


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1 (A) IN GENERAL.—Except as otherwise pro2 vided in this subparagraph (B) trade secrets and 

3 commercial or financial information that is 

4 privileged or confidential reported to, or other5 wise obtained by the Board or the Secretary (or 

6 any representative of the Board or the Secretary) 

7 under this Act shall not be disclosed by any offi8 cers, employees, and agents of the Department or 

9 the Board. 

10 (B) SUITS AND HEARINGS.—Information 

11 referred to in subparagraph (A) may be disclosed 

12 only if— 

13 (i) the Secretary considers the informa14 tion relevant; and 

15 (ii) the information is revealed in a ju16 dicial proceeding or administrative hearing 

17 brought at the direction or on the request of 

18 the Secretary or to which the Secretary or 

19 any officer of the Department is a party. 

20 (C) GENERAL STATEMENTS AND PUBLICA21 TIONS.—This paragraph does not prohibit— 

22 (i) the issuance of general statements 

23 based on reports or on information relating 

24 to a number of persons subject to an order 


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1 if the statements do not identify the infor2 mation furnished by any person; or 

3 (ii) the publication, by direction of the 

4 Secretary, of the name of any person vio5 lating any order and a statement of the 

6 particular provisions of the order violated 

7 by the person. 

8 (D) PENALTY.—Any officer, employee, or 

9 agent of the Department of Commerce or any of10 ficer, employee, or agent of the Board who will11 fully violates this subsection shall be fined not 

12 more than $1,000 and imprisoned for not more 

13 than 1 year, or both. 

14 (4) WITHHOLDING INFORMATION.—This sub15 section does not authorize the withholding of informa16 tion from Congress. 

17 SEC. 6. ASSESSMENTS. 

18 (a) ASSESSMENTS.—The order shall provide that as19 sessments shall be paid by a manufacturer if the manufac20 turer has manufactured concrete masonry products during 

21 a period of at least 180 days prior to the date the assessment 

22 is to be remitted. 

23 (b) COLLECTION.— 


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1 (1) IN GENERAL.—Assessments required under 

2 the order shall be remitted by the manufacturer to the 

3 Board in the manner prescribed by the order. 

4 (2) TIMING.—The order shall provide that assess5 ments required under the order shall be remitted to 

6 the Board not less frequently than quarterly. 

7 (3) RECORDS.—As part of the remittance of as8 sessments, manufacturers shall identify the total 

9 amount due in assessments on all sales receipts, in10 voices or other commercial documents of sale as a re11 sult of the sale of concrete masonry units in a manner 

12 as prescribed by the Board to ensure compliance with 

13 the order. 

14 (c) ASSESSMENT RATES.—With respect to assessment 

15 rates, the order shall contain the following terms: 

16 (1) INITIAL RATE.—The assessment rate on con17 crete masonry products shall be $0.01 per concrete 

18 masonry unit sold. 

19 (2) CHANGES IN THE RATE.— 

20 (A) AUTHORITY TO CHANGE RATE.—The 

21 Board shall have the authority to change the as22 sessment rate. A two-thirds majority of voting 

23 members of the Board shall be required to ap24 prove a change in the assessment rate. 


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1 (B) LIMITATION ON INCREASES.—An in2 crease or decrease in the assessment rate with re3 spect to concrete masonry products may not ex4 ceed $0.01 per concrete masonry unit sold. 

5 (C) MAXIMUM RATE.—The assessment rate 

6 shall not be in excess of $0.05 per concrete ma7 sonry unit. 

8 (D) LIMITATION ON FREQUENCY OF

9 CHANGES.—The assessment rate may not be in10 creased or decreased more than once annually. 

11 (d) LATE-PAYMENT AND INTEREST CHARGES.— 

12 (1) IN GENERAL.—Late-payment and interest 

13 charges may be levied on each person subject to the 

14 order who fails to remit an assessment in accordance 

15 with subsection (b). 

16 (2) RATE.—The rate for late-payment and inter17 est charges shall be specified by the Secretary. 

18 (e) INVESTMENT OF ASSESSMENTS.—Pending dis19 bursement of assessments under a budget approved by the 

20 Secretary, the Board may invest assessments collected under 

21 this section in— 

22 (1) obligations of the United States or any agen23 cy of the United States; 

24 (2) general obligations of any State or any polit25 ical subdivision of a State; 


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1 (3) interest-bearing accounts or certificates of de2 posit of financial institutions that are members of the 

3 Federal Reserve System; or 

4 (4) obligations fully guaranteed as to principal 

5 and interest by the United States. 

6 (f) ASSESSMENT FUNDS FOR REGIONAL INITIA7 TIVES.— 

8 (1) IN GENERAL.—The order shall provide that 

9 no less than 50 percent of the assessments (less ad10 ministration expenses) paid by a manufacturer shall 

11 be used to support research, education, and promotion 

12 programs and projects in support of the geographic 

13 region of the manufacturer. 

14 (2) GEOGRAPHIC REGIONS.—The order shall pro15 vide for the following geographic regions: 

16 (A) Region I shall comprise Connecticut, 

17 Delaware, the District of Columbia, Maine, 

18 Maryland, Massachusetts, New Hampshire, New 

19 Jersey, New York, Pennsylvania, Rhode Island, 

20 Vermont, and West Virginia. 

21 (B) Region II shall comprise Alabama, 

22 Florida, Georgia, Mississippi, North Carolina, 

23 South Carolina, Tennessee, and Virginia. 

24 (C) Region III shall comprise Illinois, Indi25 ana, Iowa, Kentucky, Michigan, Minnesota, NeVerDate Sep 11 2014 23:48 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H985.RH H985

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1 braska, North Dakota, Ohio, South Dakota, and 

2 Wisconsin. 

3 (D) Region IV shall comprise Arizona, Ar4 kansas, Kansas, Louisiana, Missouri, New Mex5 ico, Oklahoma, and Texas. 

6 (E) Region V shall comprise Alaska, Cali7 fornia, Colorado, Hawaii, Idaho, Montana, Ne8 vada, Oregon, Utah, Washington, and Wyoming. 

9 (3) ADJUSTMENT OF GEOGRAPHIC REGIONS.— 

10 The order shall provide that the Secretary may, upon 

11 recommendation of the Board, modify the composition 

12 of the geographic regions described in paragraph (2). 

13 SEC. 7. REFERENDA. 

14 (a) INITIAL REFERENDUM.— 

15 (1) REFERENDUM REQUIRED.—During the 60- 

16 day period immediately preceding the proposed effec17 tive date of the order issued under section 4, the Sec18 retary shall conduct a referendum among manufac19 turers eligible under subsection (b)(2) subject to as20 sessments under section 6. 

21 (2) APPROVAL OF ORDER NEEDED.—The order 

22 shall become effective only if the Secretary determines 

23 that the order has been approved by a majority of 

24 manufacturers voting who also represent a majority 


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1 of the machine cavities in operation of those manufac2 turers voting in the referendum. 

3 (b) VOTES PERMITTED.— 

4 (1) IN GENERAL.—Each manufacturer eligible to 

5 vote in a referendum conducted under this section 

6 shall be entitled to cast one vote. 

7 (2) ELIGIBILITY.—For purposes of paragraph 

8 (1), a manufacturer shall be considered to be eligible 

9 to vote if the manufacturer has manufactured concrete 

10 masonry products during a period of at least 180 

11 days prior to the first day of the period during which 

12 voting in the referendum will occur. 

13 (c) MANNER OF CONDUCTING REFERENDA.— 

14 (1) IN GENERAL.—Referenda conducted pursuant 

15 to this section shall be conducted in a manner deter16 mined by the Secretary. 

17 (2) ADVANCE REGISTRATION.—A manufacturer 

18 who chooses to vote in any referendum conducted 

19 under this section shall register with the Secretary 

20 prior to the voting period, after receiving notice from 

21 the Secretary concerning the referendum under para22 graph (4). 

23 (3) VOTING.—The Secretary shall establish pro24 cedures for voting in any referendum conducted under 

25 this section. The ballots and other information or reVerDate Sep 11 2014 23:48 Jul 08, 2016 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H985.RH H985

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1 ports that reveal or tend to reveal the identity or vote 

2 of voters shall be strictly confidential. 

3 (4) NOTICE.—Not later than 30 days before a 

4 referendum is conducted under this section with re5 spect to an order, the Secretary shall notify all manu6 facturers, in such a manner as determined by the Sec7 retary, of the period during which voting in the ref8 erendum will occur. The notice shall explain any reg9 istration and voting procedures established under this 

10 subsection. 

11 (d) SUBSEQUENT REFERENDA.—If an order is ap12 proved in a referendum conducted under subsection (a), the 

13 Secretary shall conduct a subsequent referendum— 

14 (1) at the request of the Board, subject to the vot15 ing requirements of subsections (b) and (c), to ascer16 tain whether eligible manufacturers favor suspension, 

17 termination, or continuance of the order; or 

18 (2) effective beginning on the date that is 5 years 

19 after the date of the approval of the order, and at 5- 

20 year intervals thereafter, at the request of 25 percent 

21 or more of the total number of persons eligible to vote 

22 under subsection (b). 

23 (e) SUSPENSION OR TERMINATION.—If, as a result of 

24 a referendum conducted under subsection (d), the Secretary 

25 determines that suspension or termination of the order is 


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1 favored by a majority of all votes cast in the referendum 

2 as provided in subsection (a)(2), the Secretary shall— 

3 (1) not later than 180 days after the referendum, 

4 suspend or terminate, as appropriate, collection of as5 sessments under the order; and 

6 (2) suspend or terminate, as appropriate, pro7 grams and projects under the order as soon as prac8 ticable and in an orderly manner. 

9 (f) COSTS OF REFERENDA.—The Board established 

10 under an order with respect to which a referendum is con11 ducted under this section shall reimburse the Secretary from 

12 assessments for any expenses incurred by the Secretary to 

13 conduct the referendum. 

14 SEC. 8. PETITION AND REVIEW. 

15 (a) PETITION.— 

16 (1) IN GENERAL.—A person subject to an order 

17 issued under this Act may file with the Secretary a 

18 petition— 

19 (A) stating that the order, any provision of 

20 the order, or any obligation imposed in connec21 tion with the order, is not established in accord22 ance with law; and 

23 (B) requesting a modification of the order 

24 or an exemption from the order. 


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1 (2) HEARING.—The Secretary shall give the peti2 tioner an opportunity for a hearing on the petition, 

3 in accordance with regulations issued by the Sec4 retary. 

5 (3) RULING.—After the hearing, the Secretary 

6 shall make a ruling on the petition. The ruling shall 

7 be final, subject to review as set forth in subsection 

8 (b). 

9 (4) LIMITATION ON PETITION.—Any petition 

10 filed under this subsection challenging an order, any 

11 provision of the order, or any obligation imposed in 

12 connection with the order, shall be filed not less than 

13 2 years after the effective date of the order, provision, 

14 or obligation subject to challenge in the petition. 

15 (b) REVIEW.— 

16 (1) COMMENCEMENT OF ACTION.—The district 

17 courts of the United States in any district in which 

18 a person who is a petitioner under subsection (a) re19 sides or conducts business shall have jurisdiction to 

20 review the ruling of the Secretary on the petition of 

21 the person, if a complaint requesting the review is 

22 filed no later than 30 days after the date of the entry 

23 of the ruling by the Secretary. 


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1 (2) PROCESS.—Service of process in proceedings 

2 under this subsection shall be conducted in accordance 

3 with the Federal Rules of Civil Procedure. 

4 (3) REMANDS.—If the court in a proceeding 

5 under this subsection determines that the ruling of the 

6 Secretary on the petition of the person is not in ac7 cordance with law, the court shall remand the matter 

8 to the Secretary with directions— 

9 (A) to make such ruling as the court shall 

10 determine to be in accordance with law; or 

11 (B) to take such further action as, in the 

12 opinion the court, the law requires. 

13 (c) ENFORCEMENT.—The pendency of proceedings in14 stituted under this section shall not impede, hinder, or 

15 delay the Attorney General or the Secretary from obtaining 

16 relief under section 9. 

17 SEC. 9. ENFORCEMENT. 

18 (a) JURISDICTION.—A district court of the United 

19 States shall have jurisdiction to enforce, and to prevent and 

20 restrain any person from violating, this Act or an order 

21 or regulation issued by the Secretary under this Act. 

22 (b) REFERRAL TO ATTORNEY GENERAL.—A civil ac23 tion authorized to be brought under this section shall be 

24 referred to the Attorney General of the United States for 

25 appropriate action. 


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1 (c) CIVIL PENALTIES AND ORDERS.— 

2 (1) CIVIL PENALTIES.—A person who willfully 

3 violates an order or regulation issued by the Secretary 

4 under this Act may be assessed by the Secretary a 

5 civil penalty of not more than $5,000 for each viola6 tion. 

7 (2) SEPARATE OFFENSE.—Each violation and 

8 each day during which there is a failure to comply 

9 with an order or regulation issued by the Secretary 

10 shall be considered to be a separate offense. 

11 (3) CEASE-AND-DESIST ORDERS.—In addition 

12 to, or in lieu of, a civil penalty, the Secretary may 

13 issue an order requiring a person to cease and desist 

14 from violating the order or regulation. 

15 (4) NOTICE AND HEARING.—No order assessing a 

16 penalty or cease-and-desist order may be issued by the 

17 Secretary under this subsection unless the Secretary 

18 provides notice and an opportunity for a hearing on 

19 the record with respect to the violation. 

20 (5) FINALITY.—An order assessing a penalty or 

21 a cease-and-desist order issued under this subsection 

22 by the Secretary shall be final and conclusive unless 

23 the person against whom the order is issued files an 

24 appeal from the order with the appropriate district 

25 court of the United States. 


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1 (d) ADDITIONAL REMEDIES.—The remedies provided 

2 in this Act shall be in addition to, and not exclusive of, 

3 other remedies that may be available. 

4 SEC. 10. INVESTIGATION AND POWER TO SUBPOENA. 

5 (a) INVESTIGATIONS.—The Secretary may conduct 

6 such investigations as the Secretary considers necessary for 

7 the effective administration of this Act, or to determine 

8 whether any person has engaged or is engaging in any act 

9 that constitutes a violation of this Act or any order or regu10 lation issued under this Act. 

11 (b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— 

12 (1) INVESTIGATIONS.—For the purpose of con13 ducting an investigation under subsection (a), the 

14 Secretary may administer oaths and affirmations, 

15 subpoena witnesses, compel the attendance of wit16 nesses, take evidence, and require the production of 

17 any records that are relevant to the inquiry. The pro18 duction of the records may be required from any place 

19 in the United States. 

20 (2) ADMINISTRATIVE HEARINGS.—For the pur21 pose of an administrative hearing held under section 

22 8(a)(2) or section 9(c)(4), the presiding officer may 

23 administer oaths and affirmations, subpoena wit24 nesses, compel the attendance of witnesses, take evi25 dence, and require the production of any records that 


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1 are relevant to the inquiry. The attendance of wit2 nesses and the production of the records may be re3 quired from any place in the United States. 

4 (c) AID OF COURTS.— 

5 (1) IN GENERAL.—In the case of contumacy by, 

6 or refusal to obey a subpoena issued under subsection 

7 (b) to, any person, the Secretary may invoke the aid 

8 of any court of the United States within the jurisdic9 tion of which the investigation or proceeding is con10 ducted, or where the person resides or conducts busi11 ness, in order to enforce a subpoena issued under sub12 section (b). 

13 (2) ORDER.—The court may issue an order re14 quiring the person referred to in paragraph (1) to 

15 comply with a subpoena referred to in paragraph (1). 

16 (3) FAILURE TO OBEY.—Any failure to obey the 

17 order of the court may be punished by the court as 

18 a contempt of court. 

19 (4) PROCESS.—Process in any proceeding under 

20 this subsection may be served in the United States ju21 dicial district in which the person being proceeded 

22 against resides or conducts business, or wherever the 

23 person may be found. 


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1 SEC. 11. SUSPENSION OR TERMINATION. 

2 (a) MANDATORY SUSPENSION OR TERMINATION.—The 

3 Secretary shall suspend or terminate an order or a provi4 sion of an order if the Secretary finds that an order or pro5 vision of an order obstructs or does not tend to effectuate 

6 the purpose of this Act, or if the Secretary determines that 

7 the order or a provision of an order is not favored by a 

8 majority of all votes cast in the referendum as provided in 

9 section 7(a)(2). 

10 (b) IMPLEMENTATION OF SUSPENSION OR TERMI11 NATION.—If, as a result of a referendum conducted under 

12 section 7, the Secretary determines that the order is not ap13 proved, the Secretary shall— 

14 (1) not later than 180 days after making the de15 termination, suspend or terminate, as the case may 

16 be, collection of assessments under the order; and 

17 (2) as soon as practicable, suspend or terminate, 

18 as the case may be, activities under the order in an 

19 orderly manner. 

20 SEC. 12. AMENDMENTS TO ORDERS. 

21 The provisions of this Act applicable to the order shall 

22 be applicable to any amendment to the order, except that 

23 section 8 shall not apply to an amendment. 


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1 SEC. 13. EFFECT ON OTHER LAWS. 

2 This Act shall not affect or preempt any other Federal 

3 or State law authorizing research, education, and pro4 motion relating to concrete masonry products. 

5 SEC. 14. REGULATIONS. 

6 The Secretary may issue such regulations as may be 

7 necessary to carry out this Act and the power vested in the 

8 Secretary under this Act. 

9 SEC. 15. LIMITATION ON EXPENDITURES FOR ADMINISTRA10 TIVE EXPENSES. 

11 Funds appropriated to carry out this Act may not be 

12 used for the payment of the expenses or expenditures of the 

13 Board in administering the order. 

14 SEC. 16. STUDY AND REPORT BY THE GOVERNMENT AC15 COUNTABILITY OFFICE. 

16 Not later than 5 years and 8 years after the date of 

17 enactment of this Act, the Comptroller General of the United 

18 States shall prepare a study and submit to Congress and 

19 the Secretary a report examining— 

20 (1) how the Board spends assessments collected; 

21 (2) the extent to which the Board’s reported ac22 tivities help achieve its annual objectives; 

23 (3) any changes in demand for concrete masonry 

24 products relative to other building materials; 

25 (4) any impact of the Board’s activities on the 

26 market share of competing products; 


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1 (5) any impact of the Board’s activities on the 

2 overall size of the market for building products; 

3 (6) any impact of the Board’s activities on the 

4 total number of concrete masonry related jobs, includ5 ing manufacturing, sales, and installation; 

6 (7) any significant effects of the Board’s activi7 ties on downstream purchasers of concrete masonry 

8 products and real property into which concrete ma9 sonry products are incorporated; 

10 (8) effects on prices of concrete masonry products 

11 as a result of the Board’s activities; 

12 (9) the cost to the federal government of an in13 crease in concrete masonry product prices, if any, as 

14 a result of the program established by this Act; 

15 (10) the extent to which key statutory require16 ments are met; 

17 (11) the extent and strength of federal oversight 

18 of the program established by this Act; 

19 (12) the appropriateness of administering the 

20 program from within the Office of the Secretary of 

21 Commerce and the appropriateness of administering 

22 the program from within any division of the Depart23 ment of Commerce, including whether the Department 

24 has the expertise, knowledge, or other capabilities nec25 essary to adequately administer the program; and 


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1 (13) any other topic that the Comptroller Gen2 eral considers appropriate. 

3 SEC. 17. STUDY AND REPORT BY THE DEPARTMENT OF 

4 COMMERCE. 

5 Not later than 3 years after the date of enactment of 

6 this Act, the Secretary shall prepare a study and submit 

7 to Congress a report examining the appropriateness and ef8 fectiveness of applying the commodity check-off program 

9 model (such as those programs established under subchapter 

10 II of chapter 101 of title 7, United States Code) to a non11 agricultural industry, taking into account the program es12 tablished by this Act and any other check-off program in13 volving a nonagricultural industry. 


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Union Calendar No. 519 

114TH CONGRESS 

2D SESSION H. R. 985 

[Report No. 114–671] 

A BILL 

To enable concrete masonry products manufacturkets for concrete masonry products. motion to improve, maintain, and develop mar- nated program of research, education, and pro- ers to establish, finance, and carry out a coordiJULY 8, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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