II 

Calendar No. 617 

113TH CONGRESS 

2D SESSION S. 429 

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 SENATE OF THE UNITED STATES 

FEBRUARY 28, 2013 

Mr. NELSON (for himself, Mr. BLUNT, Mr. MANCHIN, Mrs. MCCASKILL, Mr. 

COONS, Mrs. HAGAN, Mr. BURR, Mr. CHAMBLISS, Ms. KLOBUCHAR, Mr. 

CRAPO, Mr. MORAN, Mr. CASEY, Ms. BALDWIN, Mr. LEVIN, Mr. CARDIN, 

Ms. STABENOW, Mr. ROBERTS, Mr. DURBIN, Ms. CANTWELL, Mrs. MURRAY, Mr. WARNER, Mr. BOOKER, and Mr. MENENDEZ) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

DECEMBER 8, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

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

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Concrete Masonry 

3 Products Research, Education, and Promotion Act of 

4 2013’’. 

5 SEC. 2. FINDINGS AND DECLARATION OF POLICY. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The production of concrete masonry prod8 ucts plays a significant role in the economy of the 

9 United States. 

10 (2) Concrete masonry products are produced by 

11 hundreds of concrete manufacturers and utilized 

12 throughout the United States and foreign countries. 

13 (3) Concrete masonry products move in the 

14 channels of interstate and foreign commerce, and 

15 concrete masonry products that do not move in such 

16 channels of commerce directly burden or affect inter17 state commerce of concrete masonry products. 

18 (4) The concrete masonry products industry 

19 employs thousands of workers and positively impacts 

20 economic stability throughout the United States. 

21 (5) The maintenance and expansion of existing 

22 markets for concrete masonry products and the de23 velopment of new markets is vital to the welfare of 

24 concrete manufacturers in the United States and 

25 those concerned with marketing and using concrete 


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1 masonry products as well as the general economic 

2 welfare of the United States. 

3 (6) The concrete masonry products industry 

4 plays a vital role in providing safe, environmentally 

5 sustainable, and economical construction for citizens 

6 of the United States and abroad. 

7 (7) Concrete masonry products are used for the 

8 construction of structures that protect and provide 

9 shelter for citizens during disasters (earthquakes, 

10 floods, hurricanes, tornados, fire, et cetera). 

11 (8) Concrete masonry structures provide energy 

12 efficiencies to reduce American energy demands. 

13 (9) Concrete masonry provides for durable 

14 structures that support sustainability objectives, re15 ducing long-term demands on natural resources. 

16 (10) Concrete masonry products are made 

17 using locally available resources throughout the 

18 United States, reducing transportation and infra19 structure demands. 

20 (11) Concrete masonry products are used to 

21 support the construction of durable and cost-effi22 cient, low-income housing. 

23 (b) PURPOSE.—The purpose of this Act is to author24 ize the establishment of an orderly program for devel25 oping, financing, and carrying out an effective, continVerDate Sep 11 2014 00:13 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S429.RS S429

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1 uous, and coordinated program of research, education, and 

2 promotion, including funds for marketing and market re3 search activities, that is designed to— 

4 (1) strengthen the position of the concrete ma5 sonry products industry in the domestic market6 place; 

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

8 uses for concrete masonry products in the domestic 

9 and foreign marketplaces; and 

10 (3) promote the use of concrete masonry prod11 ucts in environmentally sustainable construction and 

12 building. 

13 (c) LIMITATION.—Nothing in this Act may be con14 strued to provide for the control of production or otherwise 

15 limit the right of any person to manufacture concrete ma16 sonry products. 

17 SEC. 3. DEFINITIONS. 

18 For the purposes of this Act: 

19 (a) BLOCK MACHINE.—The term ‘‘block machine’’ 

20 means a piece of equipment that utilizes vibration and 

21 compaction to form concrete masonry products. 

22 (b) BOARD.—The term ‘‘Board’’ means the Concrete 

23 Masonry Products Board established under section 5. 

24 (c) CAVITY.—The term ‘‘cavity’’ means the open 

25 space in the mold of a block machine capable of forming 


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1 a single concrete masonry unit having nominal plan di2 mensions of 8 inches by 16 inches. 

3 (d) COMMERCE.—The term ‘‘commerce’’ includes 

4 interstate, foreign, and intrastate commerce. 

5 (e) CONCRETE MASONRY PRODUCTS.—The term 

6 ‘‘concrete masonry products’’ refers to a broader class of 

7 products, including concrete masonry units as well as 

8 hardscape products such as concrete pavers and segmental 

9 retaining wall units, manufactured on a block machine 

10 using dry-cast concrete. 

11 (f) CONCRETE MASONRY UNIT.—The term ‘‘concrete 

12 masonry unit’’ means a concrete masonry product that is 

13 a manmade masonry unit having an actual width of 3 

14 inches or greater and manufactured from dry-cast con15 crete using a block machine. Such term includes concrete 

16 block and related concrete units used in masonry applica17 tions. 

18 (g) DEPARTMENT.—The term ‘‘Department’’ means 

19 the Department of Commerce. 

20 (h) DRY-CAST CONCRETE.—The term ‘‘dry-cast con21 crete’’ means a composite material that is composed essen22 tially of aggregates embedded in a binding medium com23 posed of a mixture of cementitious materials (including 

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1 rials) and water of such a consistency to maintain its 

2 shape after forming in a block machine. 

3 (i) EDUCATION.—The term ‘‘education’’ means pro4 grams that will educate or communicate the benefits of 

5 concrete masonry products in safe and environmentally 

6 sustainable development, advancements in concrete ma7 sonry product technology and development, and other in8 formation and programs designed to generate increased 

9 demand for commercial, residential, multi-family, and in10 stitutional projects using concrete masonry products and 

11 to generally enhance the image of concrete masonry prod12 ucts. 

13 (j) MACHINE CAVITIES.—The term ‘‘machine cav14 ities’’ means the cavities with which a block machine could 

15 be equipped. 

16 (k) MACHINE CAVITIES IN OPERATION.—The term 

17 ‘‘machine cavities in operation’’ means those machine cav18 ities associated with a block machine that have produced 

19 concrete masonry units within the last 6 months of the 

20 date set for determining eligibility and is fully operable 

21 and capable of producing concrete masonry units. 

22 (l) MASONRY UNIT.—The term ‘‘masonry unit’’ 

23 means a noncombustible building product intended to be 

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1 ing, post-tensioning or some combination of these meth2 ods. 

3 (m) MANUFACTURER.—The term ‘‘manufacturer’’ 

4 means any person engaged in the manufacturing of com5 mercial concrete masonry products. 

6 (n) ORDER.—The term ‘‘order’’ means an order 

7 issued under section 4. 

8 (o) PERSON.—The term ‘‘person’’ means any indi9 vidual, group of individuals, partnership, corporation, as10 sociation, cooperative, or any other entity. 

11 (p) PROMOTION.—The term ‘‘promotion’’ means any 

12 action, including paid advertising, to advance the image 

13 and desirability of concrete masonry products with the ex14 press intent of improving the competitive position and 

15 stimulating sales of concrete masonry products in the mar16 ketplace. 

17 (q) RESEARCH.—The term ‘‘research’’ means studies 

18 testing the effectiveness of market development and pro19 motion efforts, studies relating to the improvement of con20 crete masonry products and new product development, and 

21 studies documenting the performance of concrete ma22 sonry. 

23 (r) SECRETARY.—The term ‘‘Secretary’’ means the 

24 Secretary of Commerce. 


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1 (s) UNITED STATES.—The term ‘‘United States’’ 

2 means the several States and the District of Columbia. 

3 SEC. 4. ISSUANCE OF ORDERS. 

4 (a) IN GENERAL.— 

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

6 procedures provided in subsection (b), shall issue or7 ders under this Act applicable to manufacturers of 

8 concrete masonry products. 

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

10 scope. 

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

12 shall be in effect at any one time. 

13 (b) PROCEDURES.— 

14 (1) DEVELOPMENT OR RECEIPT OF PROPOSED

15 ORDER.—A proposed order with respect to concrete 

16 masonry products may be— 

17 (A) prepared by the Secretary at any time; 

18 or 

19 (B) requested by or submitted to the Sec20 retary by— 

21 (i) an existing national organization of 

22 concrete masonry product manufacturers; 

23 or 


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1 (ii) any person that may be affected 

2 by the issuance of an order with respect to 

3 concrete masonry products. 

4 (2) PUBLICATION OF PROPOSED ORDER.—Not 

5 later than 60 days after receiving a proposed order 

6 or a request for a proposed order in accordance with 

7 subparagraph (B) of paragraph (1), the Secretary 

8 shall publish a proposed order in the Federal Reg9 ister and give 30 days notice and opportunity for 

10 public comment on the proposed order. 

11 (3) ISSUANCE OF ORDER.— 

12 (A) IN GENERAL.—After notice and oppor13 tunity for public comment are provided in ac14 cordance with paragraph (2), the Secretary 

15 shall issue the order, taking into consideration 

16 the comments received and including in the 

17 order such provisions as are necessary to ensure 

18 that the order is in conformity with this Act. 

19 (B) EFFECTIVE DATE.—The order shall be 

20 issued and become effective only after an af21 firmative vote in a referendum as provided in 

22 section 7, but not later than 120 days after 

23 publication of the proposed order. 

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

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1 ble to an order shall be applicable to any amendment to 

2 an order. 

3 SEC. 5. REQUIRED TERMS IN ORDERS. 

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

5 shall contain the terms and provisions specified in this sec6 tion. 

7 (b) CONCRETE MASONRY PRODUCTS BOARD.— 

8 (1) ESTABLISHMENT AND MEMBERSHIP.— 

9 (A) ESTABLISHMENT.—The order shall 

10 provide for the establishment of a Concrete Ma11 sonry Products Board to carry out a program 

12 of generic promotion, research, and information 

13 regarding concrete masonry products. 

14 (B) MEMBERSHIP.— 

15 (i) NUMBER OF MEMBERS.—The 

16 board shall consist of not more than 25 

17 members. 

18 (ii) APPOINTMENT.—The members of 

19 the Board shall be appointed by the Sec20 retary from nominations submitted as pro21 vided in this subsection. 

22 (iii) COMPOSITION.—The Board shall 

23 consist of manufacturers. 

24 (2) DISTRIBUTION OF APPOINTMENTS.— 


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1 (A) GEOGRAPHICAL REPRESENTATION.— 

2 To ensure fair and equitable representation of 

3 the concrete masonry products industry, the 

4 composition of the Board shall reflect the geo5 graphical distribution of the manufacture of 

6 concrete masonry products in the United States 

7 and the types of concrete masonry products 

8 manufactured. 

9 (B) ADJUSTMENT IN BOARD REPRESENTA10 TION.—Three years after the assessment of 

11 concrete masonry products commences pursuant 

12 to an order, and at the end of each 3-year pe13 riod thereafter, the Board, subject to the review 

14 and approval of the Secretary, shall, if war15 ranted, recommend to the Secretary the re16 apportionment of the Board membership to re17 flect changes in the geographical distribution of 

18 the manufacture of concrete masonry products 

19 and the types of concrete masonry products 

20 manufactured. 

21 (3) NOMINATIONS PROCESS.—The order shall 

22 provide the following: 

23 (A) NUMBER OF NOMINATIONS.—Two 

24 nominees shall be submitted for each appoint25 ment to the Board. 


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1 (B) PROCEDURE.—Nominations for each 

2 appointment of a manufacturer shall be made 

3 by manufacturers in accordance with proce4 dures specified in the order. 

5 (C) FAILURE TO NOMINATE.—In any case 

6 in which manufacturers fail to nominate indi7 viduals for an appointment to the Board, the 

8 Secretary may appoint an individual to fill the 

9 vacancy on a basis provided in the order or 

10 other regulations of the Secretary. 

11 (D) FAILURE TO APPOINT.—If the Sec12 retary fails to make an appointment to the 

13 Board within 30 days of receiving nominations 

14 for such appointment, the first nominee for 

15 such appointment shall be deemed appointed. 

16 (4) ALTERNATES.—The order shall provide for 

17 the selection of alternate members of the Board by 

18 the Secretary in accordance with procedures speci19 fied in the order. 

20 (5) TERMS.— 

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

22 alternates of the Board shall each serve for a 

23 term of 3 years, except that members and any 

24 alternates initially appointed to the Board shall 


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

2 years, as specified by the order. 

3 (B) LIMITATION ON CONSECUTIVE

4 TERMS.—A member or alternate may serve not 

5 more than 2 consecutive terms. 

6 (C) CONTINUATION OF TERM.—Notwith7 standing subparagraph (B), each member or al8 ternate shall continue to serve until a successor 

9 is appointed by the Secretary. 

10 (D) VACANCIES.—A vacancy arising before 

11 the expiration of a term of office of an incum12 bent member or alternate of the Board shall be 

13 filled in a manner provided for in the order. 

14 (6) DISQUALIFICATION FROM BOARD SERV15 ICE.—The order shall provide that if a member or 

16 alternate of the Board who was appointed as a man17 ufacturer ceases to qualify as a manufacturer, such 

18 member or alternate shall be disqualified from serv19 ing on the Board. 

20 (7) COMPENSATION.— 

21 (A) IN GENERAL.—Members and any al22 ternates of the Board shall serve without com23 pensation. 

24 (B) TRAVEL EXPENSES.—If approved by 

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1 bursed for reasonable travel expenses, which 

2 may include per diem allowance or actual sub3 sistence incurred while away from their homes 

4 or regular places of business in the performance 

5 of services for the Board. 

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

7 order shall specify the powers and duties of the Board, 

8 which shall include the power and duty— 

9 (1) to administer the order in accordance with 

10 its terms and conditions and to collect assessments; 

11 (2) to develop and recommend to the Secretary 

12 for approval such bylaws as may be necessary for 

13 the functioning of the board and such rules as may 

14 be necessary to administer the order, including ac15 tivities authorized to be carried out under the order; 

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

17 members of the Board a chairperson, other officers, 

18 and committees and subcommittees, as the Board 

19 determines appropriate; 

20 (4) to establish regional organizations or com21 mittees to administer regional initiatives; 

22 (5) to establish working committees of persons 

23 other than Board members; 

24 (6) to employ such persons, other than the 

25 members, as the board considers necessary, and to 


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1 determine the compensation and specify the duties 

2 of the persons; 

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

4 the Secretary, before the beginning of each fiscal 

5 year, rates of assessment under section 6 and an an6 nual budget of the anticipated expenses to be in7 curred in the administration of the order, including 

8 the probable cost of each promotion, research, and 

9 information activity proposed to be developed or car10 ried out by the Board; 

11 (8) to borrow funds necessary for the startup 

12 expenses of the order; 

13 (9) to carry out research, education, and pro14 motion programs and projects, and to pay the costs 

15 of such programs and projects with assessments col16 lected under section 6; 

17 (10) subject to subsection (e), to enter into con18 tracts or agreements to develop and carry out pro19 grams or projects of research, education, and pro20 motion relating to concrete masonry products; 

21 (11) to keep minutes, books, and records that 

22 reflect the actions and transactions of the Board, 

23 and promptly report minutes of each Board meeting 

24 to the Secretary; 


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1 (12) to receive, investigate, and report to the 

2 Secretary complaints of violations of the order; 

3 (13) to furnish the Secretary with such infor4 mation as the Secretary may request; 

5 (14) to recommend to the Secretary such 

6 amendments to the order as the Board considers ap7 propriate; and 

8 (15) to provide the Secretary with advance no9 tice of meetings. 

10 (d) PROGRAMS AND PROJECTS; BUDGETS; EX11 PENSES.— 

12 (1) PROGRAMS AND PROJECTS.—The order 

13 shall require the Board to submit to the Secretary 

14 for approval any program or project of research, 

15 education, or promotion. 

16 (2) BUDGETS.— 

17 (A) SUBMISSION.—The order shall require 

18 the Board to submit to the Secretary for ap19 proval a budget of the anticipated expenses and 

20 disbursements of the Board in the implementa21 tion of the order, including the projected costs 

22 of concrete masonry products research, edu23 cation, and promotion programs and projects. 

24 (B) TIMING.—The budget shall be sub25 mitted before the beginning of a fiscal year and 


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1 as frequently as may be necessary after the be2 ginning of the fiscal year. 

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

4 approve or reject a budget within 30 days of re5 ceipt, such budget shall be deemed approved. 

6 (3) ADMINISTRATIVE EXPENSES.— 

7 (A) INCURRING EXPENSES.—A board may 

8 incur the expenses described in paragraph (2) 

9 and other expenses for the administration, 

10 maintenance, and functioning of the Board as 

11 authorized by the Secretary. 

12 (B) PAYMENT OF EXPENSES.—Expenses 

13 incurred under subparagraph (A) shall be paid 

14 by the Board using assessments collected under 

15 section 6, earnings obtained from assessments, 

16 and other income of the Board. Any funds bor17 rowed by the Board shall be expended only for 

18 startup costs and capital outlays. 

19 (C) LIMITATION ON SPENDING.—For fiscal 

20 years beginning 3 or more years after the date 

21 of the establishment of the Board, the Board 

22 may not expend for administration (except for 

23 reimbursement to the Secretary required under 

24 subparagraph (D)), maintenance, and func25 tioning of the Board in a fiscal year an amount 


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1 that exceeds 10 percent of the assessment and 

2 other income received by the Board for the fis3 cal year. 

4 (D) REIMBURSEMENT OF SECRETARY.— 

5 The order shall require that the Secretary be 

6 reimbursed from assessments for all expenses 

7 incurred by the Secretary in the implementa8 tion, administration, and supervision of the 

9 order, including all referenda costs incurred in 

10 connection with the order. 

11 (e) CONTRACTS AND AGREEMENTS.— 

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

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

14 (A) enter into contracts and agreements to 

15 carry programs and projects of research, edu16 cation, and promotion activities relating to con17 crete masonry products, including contracts and 

18 agreements with manufacturer associations or 

19 other entities as considered appropriate by the 

20 Secretary; 

21 (B) enter into contracts and agreements 

22 for administrative services; and 

23 (C) pay the cost of approved research, edu24 cation, and promotion programs and projects 

25 using assessments collected under section 6, 


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1 earnings obtained from assessments, and other 

2 income of the Board. 

3 (2) REQUIREMENTS.—Each contract or agree4 ment shall provide that any person who enters into 

5 the contract or agreement with the Board shall— 

6 (A) develop and submit to the Board a 

7 proposed activity together with a budget that 

8 specifies the cost to be incurred to carry out the 

9 activity; 

10 (B) keep accurate records of all of trans11 actions relating to the contract or agreement; 

12 (C) account for funds received and ex13 pended in connection with the contract or 

14 agreement; 

15 (D) make periodic reports to the Board of 

16 activities conducted under the contract or 

17 agreement; and 

18 (E) make such other reports as the Board 

19 or the Secretary considers relevant. 

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

21 fails to approve or reject a contract or agreement 

22 entered into under paragraph (1) within 30 days of 

23 receipt, the contract or agreement shall be deemed 

24 approved. 

25 (f) BOOKS AND RECORDS OF BOARD.— 


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

2 Board to— 

3 (A) maintain such books and records 

4 (which shall be available to the Secretary for in5 spection and audit) as the Secretary may re6 quire; 

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

8 any time the Secretary may specify, any infor9 mation the Secretary may request; and 

10 (C) account for the receipt and disburse11 ment of all funds in the possession, or under 

12 the control, of the Board. 

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

14 to have— 

15 (A) the books and records of the Board au16 dited by an independent auditor at the end of 

17 each fiscal year; and 

18 (B) a report of the audit submitted di19 rectly to the Secretary. 

20 (g) PROHIBITED ACTIVITIES.— 

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

22 the Board shall not engage in any action to, nor 

23 shall any funds received by the Board under this Act 

24 be used to— 


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1 (A) influence legislation or governmental 

2 action; 

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

4 conflict of interest; or 

5 (C) engage in advertising that is false or 

6 misleading. 

7 (2) EXCEPTIONS.—Paragraph (1) does not pre8 clude— 

9 (A) the development and recommendation 

10 of amendments to the order; 

11 (B) the communication to appropriate gov12 ernment officials of information relating to the 

13 conduct, implementation, or results of research, 

14 education, and promotion activities under the 

15 order; or 

16 (C) any action designed to market concrete 

17 masonry products directly to a foreign govern18 ment or political subdivision of a foreign gov19 ernment. 

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

21 the Board to provide for the independent evaluation of all 

22 research, education, and promotion activities undertaken 

23 under the order. 

24 (i) BOOKS AND RECORDS OF PERSONS COVERED BY

25 ORDER.— 


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

2 manufacturers and importers of concrete masonry 

3 products shall— 

4 (A) maintain records sufficient to ensure 

5 compliance with the order and regulations; 

6 (B) submit to the Board any information 

7 required by the Board to carry out its respon8 sibilities; and 

9 (C) make the records described in subpara10 graph (A) available, during normal business 

11 hours, for inspection by employees or agents of 

12 the Board or the Department, including any 

13 records necessary to verify information required 

14 under subparagraph (B). 

15 (2) TIME REQUIREMENT.—Any record required 

16 to be maintained under paragraph (1) shall be main17 tained for such time period as the Secretary may 

18 prescribe. 

19 (3) CONFIDENTIALITY OF INFORMATION.— 

20 (A) IN GENERAL.—Except as otherwise 

21 provided in this Act, all information obtained 

22 under paragraph (1) or as part of a referendum 

23 under section 7 shall be kept confidential by all 

24 officers, employees, and agents of the Depart25 ment and of the Board. 


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1 (B) SUITS AND HEARINGS.—Information 

2 referred to in subparagraph (A) may be dis3 closed only if— 

4 (i) the Secretary considers the infor5 mation relevant; and 

6 (ii) the information is revealed in a 

7 judicial proceeding or administrative hear8 ing brought at the direction or on the re9 quest of the Secretary or to which the Sec10 retary or any officer of the Department is 

11 a party. 

12 (C) GENERAL STATEMENTS AND PUBLICA13 TIONS.—This paragraph does not prohibit— 

14 (i) the issuance of general statements 

15 based on reports or on information relating 

16 to a number of persons subject to an order 

17 if the statements do not identify the infor18 mation furnished by any person; or 

19 (ii) the publication, by direction of the 

20 Secretary, of the name of any person vio21 lating any order and a statement of the 

22 particular provisions of the order violated 

23 by the person. 

24 (D) PENALTY.—Any person who willfully 

25 violates this subsection shall be fined not more 


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1 than $5,000, imprisoned not more than 1 year, 

2 or both. 

3 (4) WITHHOLDING INFORMATION.—This sub4 section does not authorize the withholding of infor5 mation from Congress. 

6 SEC. 6. ASSESSMENTS. 

7 (a) ASSESSMENTS.—The order shall provide that as8 sessments shall be paid by manufacturers with respect to 

9 concrete masonry products manufactured and marketed in 

10 the United States. 

11 (b) COLLECTION.— 

12 (1) IN GENERAL.—Assessments required under 

13 the order shall be remitted by the manufacturer to 

14 the Board in the manner prescribed by the order. 

15 (2) TIMING.—The order shall provide that as16 sessments required under the order shall be remitted 

17 to the Board not less frequently than quarterly. 

18 (3) RECORDS.—As part of the remittance of as19 sessments, manufacturers shall identify the total 

20 amount due in assessments on all sales receipts, in21 voices or other commercial documents of sale as a 

22 result of the sale of concrete masonry units in a 

23 manner as prescribed by the Board to ensure com24 pliance with the order. 


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1 (c) ASSESSMENT RATES.—With respect to assess2 ment rates, the order shall contain the following terms: 

3 (1) INITIAL RATE.—The assessment rate on 

4 concrete masonry products shall be $0.01 per con5 crete masonry unit sold. 

6 (2) CHANGES IN THE RATE.— 

7 (A) AUTHORITY TO CHANGE RATE.—The 

8 Board shall have the authority to change the 

9 assessment rate. A two-thirds majority of voting 

10 members of the Board shall be required to ap11 prove a change in the assessment rate. 

12 (B) LIMITATION ON INCREASES.—An in13 crease or decrease in the assessment rate with 

14 respect to concrete masonry products may not 

15 exceed $0.01 per concrete masonry unit sold. 

16 (C) MAXIMUM RATE.—The assessment 

17 rate shall not be in excess of $0.05 per concrete 

18 masonry unit. 

19 (D) LIMITATION ON FREQUENCY OF

20 CHANGES.—The assessment rate may not be in21 creased or decreased more than once annually. 

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

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

24 charges may be levied on each person subject to the 


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1 order who fails to remit an assessment in accordance 

2 with subsection (b). 

3 (2) RATE.—The rate for late-payment and in4 terest charges shall be specified by the Secretary. 

5 (e) INVESTMENT OF ASSESSMENTS.—Pending dis6 bursement of assessments under a budget approved by the 

7 Secretary, a board may invest assessments collected under 

8 this section in— 

9 (1) obligations of the United States or any 

10 agency of the United States; 

11 (2) general obligations of any State or any po12 litical subdivision of a State; 

13 (3) interest-bearing accounts or certificates of 

14 deposit of financial institutions that are members of 

15 the Federal Reserve System; or 

16 (4) obligations fully guaranteed as to principal 

17 and interest by the United States. 

18 (f) ASSESSMENT FUNDS FOR REGIONAL INITIA19 TIVES.— 

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

21 no less than 50 percent of the assessments (less ad22 ministration expenses) paid by a manufacturer shall 

23 be used to support research, education, and pro24 motion plans and projects in support of the geo25 graphic region of the manufacturer. 


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1 (2) GEOGRAPHIC REGIONS.—The order shall 

2 provide for the following geographic regions: 

3 (A) Region I shall comprise Connecticut, 

4 Delaware, Maine, Maryland, Massachusetts, 

5 New Hampshire, New Jersey, New York, Penn6 sylvania, Rhode Island, Vermont, and West Vir7 ginia. 

8 (B) Region II shall comprise Alabama, 

9 Florida, Georgia, Mississippi, North Carolina, 

10 South Carolina, Tennessee, and Virginia. 

11 (C) Region III shall comprise Illinois, Indi12 ana, Iowa, Kentucky, Michigan, Minnesota, Ne13 braska, North Dakota, Ohio, South Dakota, 

14 and Wisconsin. 

15 (D) Region IV shall comprise Arizona, Ar16 kansas, Kansas, Louisiana, Missouri, New Mex17 ico, Oklahoma, and Texas. 

18 (E) Region V shall comprise Alaska, Cali19 fornia, Colorado, Hawaii, Idaho, Montana, Ne20 vada, Oregon, Utah, Washington, and Wyo21 ming. 

22 (3) ADJUSTMENT OF GEOGRAPHIC REGIONS.— 

23 The order shall provide that the Secretary may, 

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1 position of the geographic regions described in para2 graph (2). 

3 SEC. 7. REFERENDA. 

4 (a) INITIAL REFERENDUM.— 

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

6 day period immediately preceding the proposed effec7 tive date of the order issued under section 4, the 

8 Secretary shall conduct a referendum among manu9 facturers required to pay assessments under the 

10 order, as provided in section 6. 

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

12 shall become effective only if the Secretary deter13 mines that the order has been approved by a simple 

14 majority of all votes cast in the referendum. 

15 (b) VOTES PERMITTED.— 

16 (1) IN GENERAL.—Each manufacturer eligible 

17 to vote in a referendum conducted under this section 

18 shall be entitled to cast one vote for each machine 

19 cavity in operation that is operated by such manu20 facturer if they satisfy the eligibility requirements as 

21 defined in paragraph (2). 

22 (2) ELIGIBILITY.—For purposes of paragraph 

23 (1), manufacturers shall be considered to be eligible 

24 to vote if they have manufactured concrete masonry 


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1 products during a period of at least 180 days prior 

2 to the referendum. 

3 (c) MANNER OF CONDUCTING REFERENDA.— 

4 (1) IN GENERAL.—Referenda conducted pursu5 ant to this section shall be conducted in a manner 

6 determined by the Secretary. 

7 (2) ADVANCE REGISTRATION.—A manufacturer 

8 who chooses to vote in any referendum conducted 

9 under this section shall register with the Secretary 

10 prior to the voting period, after receiving notice from 

11 the Secretary concerning the referendum under 

12 paragraph (4). 

13 (3) VOTING.—The Secretary shall establish pro14 cedures for voting in any referendum conducted 

15 under this section. The ballots and other information 

16 or reports that reveal or tend to reveal the identity 

17 or vote of voters shall be strictly confidential. 

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

19 referendum is conducted under this section with re20 spect to an order, the Secretary shall notify all man21 ufacturers, in such a manner as determined by the 

22 Secretary, of the period during which voting in the 

23 referendum will occur. The notice shall explain any 

24 registration and voting procedures established under 

25 this subsection. 


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1 (d) SUBSEQUENT REFERENDA.—If an order is ap2 proved in a referendum conducted under subsection (a), 

3 the Secretary shall conduct a subsequent referendum— 

4 (1) at the request of the Board, subject to the 

5 voting requirements of subsections (b) and (c), to 

6 ascertain whether eligible manufacturers favor sus7 pension, termination, or continuance of the order; or 

8 (2) effective beginning on the date that is 5 

9 years after the date of the approval of the order, and 

10 at 5-year intervals thereafter, at the request of 25 

11 percent or more of the number of persons eligible to 

12 vote under subsection (b). 

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

14 of a referendum conducted under subsection (d), the Sec15 retary determines that suspension or termination of the 

16 order is favored by a simple majority of all votes cast in 

17 the referendum, the Secretary shall— 

18 (1) not later than 180 days after the ref19 erendum, suspend or terminate, as appropriate, col20 lection of assessments under the order; and 

21 (2) suspend or terminate, as appropriate, activi22 ties under the order as soon as practicable and in 

23 an orderly manner. 

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

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1 ducted under this section shall reimburse the Secretary 

2 from assessments for any expenses incurred by the Sec3 retary to conduct the referendum. 

4 SEC. 8. PETITION AND REVIEW. 

5 (a) PETITION.— 

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

7 issued under this Act may file with the Secretary a 

8 petition— 

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

10 the order, or any obligation imposed in connec11 tion with the order, is not established in accord12 ance with law; and 

13 (B) requesting a modification of the order 

14 or an exemption from the order. 

15 (2) HEARING.—The Secretary shall give the pe16 titioner an opportunity for a hearing on the petition, 

17 in accordance with regulations issued by the Sec18 retary. 

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

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

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

22 (b). 

23 (4) LIMITATION ON PETITION.—Any petition 

24 filed under this subsection challenging an order, any 

25 provision of the order, or any obligation imposed in 


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1 connection with the order, shall be filed within 2 

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

3 or obligation subject to challenge in the petition. 

4 (b) REVIEW.— 

5 (1) COMMENCEMENT OF ACTION.—The district 

6 courts of the United States in any district in which 

7 a person who is a petitioner under subsection (a) re8 sides or conducts business shall have jurisdiction to 

9 review the ruling of the Secretary on the petition of 

10 the person, if a complaint requesting the review is 

11 filed no later than 20 days after the date of the 

12 entry of the ruling by the Secretary. 

13 (2) PROCESS.—Service of process in pro14 ceedings under this subsection shall be conducted in 

15 accordance with the Federal Rules of Civil Proce16 dure. 

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

18 under this subsection determines that the ruling of 

19 the Secretary on the petition of the person is not in 

20 accordance with law, the court shall remand the 

21 matter to the Secretary with directions— 

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

23 determine to be in accordance with law; or 

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

25 opinion the court, the law requires. 


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1 (c) ENFORCEMENT.—The pendency of proceedings 

2 instituted under this section shall not impede, hinder, or 

3 delay the Attorney General or the Secretary from obtain4 ing relief under section 9. 

5 SEC. 9. ENFORCEMENT. 

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

7 States shall have jurisdiction to enforce, and to prevent 

8 and restrain any person from violating, this Act or an 

9 order or regulation issued by the Secretary under this Act. 

10 (b) REFERRAL TO ATTORNEY GENERAL.—A civil ac11 tion authorized to be brought under this section shall be 

12 referred to the Attorney General of the United States for 

13 appropriate action. 

14 (c) CIVIL PENALTIES AND ORDERS.— 

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

16 violates an order or regulation issued by the Sec17 retary under this Act may be assessed by the Sec18 retary a civil penalty of not more than $5,000 for 

19 each violation. 

20 (2) SEPARATE OFFENSE.—Each violation and 

21 each day during which there is a failure to comply 

22 with an order or regulation issued by the Secretary 

23 shall be considered to be a separate offense. 

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

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


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1 issue an order requiring a person to cease and desist 

2 from violating the order or regulation. 

3 (4) NOTICE AND HEARING.—No order assessing 

4 a penalty or cease-and-desist order may be issued by 

5 the Secretary under this subsection unless the Sec6 retary provides notice and an opportunity for a hear7 ing on the record with respect to the violation. 

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

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

10 by the Secretary shall be final and conclusive unless 

11 the person against whom the order is issued files an 

12 appeal from the order with the appropriate district 

13 court of the United States, as provided in subsection 

14 (d). 

15 (d) ADDITIONAL REMEDIES.—The remedies provided 

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

17 other remedies that may be available. 

18 SEC. 10. INVESTIGATION AND POWER TO SUBPOENA. 

19 (a) INVESTIGATIONS.—The Secretary may conduct 

20 such investigations as the Secretary considers necessary 

21 for the effective administration of this Act, or to determine 

22 whether any person has engaged or is engaging in any 

23 act that constitutes a violation of this Act or any order 

24 or regulation issued under this Act. 

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


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1 (1) INVESTIGATIONS.—For the purpose of con2 ducting an investigation under subsection (a), the 

3 Secretary may administer oaths and affirmations, 

4 subpoena witnesses, compel the attendance of wit5 nesses, take evidence, and require the production of 

6 any records that are relevant to the inquiry. The 

7 production of the records may be required from any 

8 place in the United States. 

9 (2) ADMINISTRATIVE HEARINGS.—For the pur10 pose of an administrative hearing held under section 

11 8(a)(2) or section 9(c)(4), the presiding officer may 

12 administer oaths and affirmations, subpoena wit13 nesses, compel the attendance of witnesses, take evi14 dence, and require the production of any records 

15 that are relevant to the inquiry. The attendance of 

16 witnesses and the production of the records may be 

17 required from any place in the United States. 

18 (c) AID OF COURTS.— 

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

20 or refusal to obey a subpoena issued under sub21 section (b) to, any person, the Secretary may invoke 

22 the aid of any court of the United States within the 

23 jurisdiction of which the investigation or proceeding 

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1 ducts business, in order to enforce a subpoena issued 

2 under subsection (b). 

3 (2) ORDER.—The court may issue an order re4 quiring the person referred to in a paragraph (1) to 

5 comply with a subpoena referred to in paragraph 

6 (1). 

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

8 the order of the court may be punished by the court 

9 as a contempt of court. 

10 (4) PROCESS.—Process in any proceeding 

11 under this subsection may be served in the United 

12 States judicial district in which the person being 

13 proceeded against resides or conducts business, or 

14 wherever the person may be found. 

15 SEC. 11. SUSPENSION OR TERMINATION. 

16 (a) MANDATORY SUSPENSION OR TERMINATION.— 

17 The Secretary shall suspend or terminate an order or a 

18 provision of an order if the Secretary finds that an order 

19 or provision of an order obstructs or does not tend to ef20 fectuate the purpose of this Act, or if the Secretary deter21 mines that the order or a provision of an order is not fa22 vored by persons voting in a referendum conducted under 

23 section 7. 

24 (b) IMPLEMENTATION OF SUSPENSION OR TERMI25 NATION.—If, as a result of a referendum conducted under 


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1 section 7, the Secretary determines that the order is not 

2 approved, the Secretary shall— 

3 (1) not later than 180 days after making the 

4 determination, suspend or terminate, as the case 

5 may be, collection of assessments under the order; 

6 and 

7 (2) as soon as practicable, suspend or termi8 nate, as the case may be, activities under the order 

9 in an orderly manner. 

10 SEC. 12. CONFIDENTIALITY. 

11 Nothing in this Act shall be construed to require the 

12 Board to disclose information or records under section 552 

13 of title 5, United States Code. 

14 SEC. 13. AMENDMENTS TO ORDERS. 

15 The provisions of this Act applicable to the order 

16 shall be applicable to any amendment to the order, except 

17 that section 8 shall not apply to an amendment. 

18 SEC. 14. EFFECT ON OTHER LAWS. 

19 This Act shall not affect or preempt any other Fed20 eral or State law authorizing research, education, and pro21 motion relating to concrete masonry products. 

22 SEC. 15. REGULATIONS. 

23 The Secretary may issue such regulations as may be 

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

25 the Secretary under this Act. 


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1 SEC. 16. LIMITATION ON EXPENDITURES FOR ADMINISTRA2 TIVE EXPENSES. 

3 Funds appropriated to carry out this Act may not 

4 be used for the payment of the expenses or expenditures 

5 of the Board in administering the order. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Concrete Masonry Prod8 ucts Research, Education, and Promotion Act of 2013’’. 

9 SEC. 2. FINDINGS AND DECLARATION OF POLICY. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The production of concrete masonry products 

12 plays a significant role in the economy of the United 

13 States. 

14 (2) Concrete masonry products are produced by 

15 hundreds of concrete manufacturers and utilized 

16 throughout the United States and foreign countries. 

17 (3) Concrete masonry products move in the 

18 channels of interstate and foreign commerce, and con19 crete masonry products that do not move in such 

20 channels of commerce directly burden or affect inter21 state commerce of concrete masonry products. 

22 (4) The concrete masonry products industry em23 ploys thousands of workers and positively impacts 

24 economic stability throughout the United States. 

25 (5) The maintenance and expansion of existing 

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1 opment of new markets is vital to the welfare of con2 crete manufacturers in the United States and those 

3 concerned with marketing and using concrete ma4 sonry products as well as the general economic wel5 fare of the United States. 

6 (6) The concrete masonry products industry 

7 plays a vital role in providing safe, environmentally 

8 sustainable, and economical construction for citizens 

9 of the United States and abroad. 

10 (7) Concrete masonry products are used for the 

11 construction of structures that protect and provide 

12 shelter for citizens during disasters (earthquakes, 

13 floods, hurricanes, tornados, fire, et cetera). 

14 (8) Concrete masonry structures provide energy 

15 efficiencies to reduce American energy demands. 

16 (9) Concrete masonry provides for durable struc17 tures that support sustainability objectives, reducing 

18 long-term demands on natural resources. 

19 (10) Concrete masonry products are made using 

20 locally available resources throughout the United 

21 States, reducing transportation and infrastructure de22 mands. 

23 (11) Concrete masonry products are used to sup24 port the construction of durable and cost-efficient, 

25 low-income housing. 


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1 (b) PURPOSE.—The purpose of this Act is to authorize 

2 the establishment of an orderly program for developing, fi3 nancing, and carrying out an effective, continuous, and co4 ordinated program of research, education, and promotion, 

5 including funds for marketing and market research activi6 ties, that is designed to— 

7 (1) strengthen the position of the concrete ma8 sonry products industry in the domestic marketplace; 

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

10 uses for concrete masonry products in the domestic 

11 and foreign marketplaces; and 

12 (3) promote the use of concrete masonry products 

13 in environmentally sustainable construction and 

14 building. 

15 (c) LIMITATION.—Nothing in this Act may be con16 strued to provide for the control of production or otherwise 

17 limit the right of any person to manufacture concrete ma18 sonry products. 

19 SEC. 3. DEFINITIONS. 

20 For the purposes of this Act: 

21 (a) BLOCK MACHINE.—The term ‘‘block machine’’ 

22 means a piece of equipment that utilizes vibration and com23 paction to form concrete masonry products. 

24 (b) BOARD.—The term ‘‘Board’’ means the Concrete 

25 Masonry Products Board established under section 5. 


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1 (c) CAVITY.—The term ‘‘cavity’’ means the open space 

2 in the mold of a block machine capable of forming a single 

3 concrete masonry unit having nominal plan dimensions of 

4 8 inches by 16 inches. 

5 (d) COMMERCE.—The term ‘‘commerce’’ includes inter6 state, foreign, and intrastate commerce. 

7 (e) CONCRETE MASONRY PRODUCTS.—The term ‘‘con8 crete masonry products’’ refers to a broader class of prod9 ucts, including concrete masonry units as well as hardscape 

10 products such as concrete pavers and segmental retaining 

11 wall units, manufactured on a block machine using dry12 cast concrete. 

13 (f) CONCRETE MASONRY UNIT.—The term ‘‘concrete 

14 masonry unit’’ means a concrete masonry product that is 

15 a manmade masonry unit having an actual width of 3 

16 inches or greater and manufactured from dry-cast concrete 

17 using a block machine. Such term includes concrete block 

18 and related concrete units used in masonry applications. 

19 (g) DEPARTMENT.—The term ‘‘Department’’ means 

20 the Department of Commerce. 

21 (h) DRY-CAST CONCRETE.—The term ‘‘dry-cast con22 crete’’ means a composite material that is composed essen23 tially of aggregates embedded in a binding medium com24 posed of a mixture of cementitious materials (including hy25 draulic cement, pozzolans, or other cementitious materials) 


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1 and water of such a consistency to maintain its shape after 

2 forming in a block machine. 

3 (i) EDUCATION.—The term ‘‘education’’ means pro4 grams that will educate or communicate the benefits of con5 crete masonry products in safe and environmentally sus6 tainable development, advancements in concrete masonry 

7 product technology and development, and other information 

8 and programs designed to generate increased demand for 

9 commercial, residential, multi-family, and institutional 

10 projects using concrete masonry products and to generally 

11 enhance the image of concrete masonry products. 

12 (j) MACHINE CAVITIES.—The term ‘‘machine cavities’’ 

13 means the cavities with which a block machine could be 

14 equipped. 

15 (k) MACHINE CAVITIES IN OPERATION.—The term 

16 ‘‘machine cavities in operation’’ means those machine cav17 ities associated with a block machine that have produced 

18 concrete masonry units within the last 6 months of the date 

19 set for determining eligibility and is fully operable and ca20 pable of producing concrete masonry units. 

21 (l) MASONRY UNIT.—The term ‘‘masonry unit’’ means 

22 a noncombustible building product intended to be laid by 

23 hand or joined using mortar, grout, surface bonding, post24 tensioning or some combination of these methods. 


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1 (m) MANUFACTURER.—The term ‘‘manufacturer’’ 

2 means any person engaged in the manufacturing of com3 mercial concrete masonry products. 

4 (n) ORDER.—The term ‘‘order’’ means an order issued 

5 under section 4. 

6 (o) PERSON.—The term ‘‘person’’ means any indi7 vidual, group of individuals, partnership, corporation, as8 sociation, cooperative, or any other entity. 

9 (p) PROMOTION.—The term ‘‘promotion’’ means any 

10 action, including paid advertising, to advance the image 

11 and desirability of concrete masonry products with the ex12 press intent of improving the competitive position and 

13 stimulating sales of concrete masonry products in the mar14 ketplace. 

15 (q) RESEARCH.—The term ‘‘research’’ means studies 

16 testing the effectiveness of market development and pro17 motion efforts, studies relating to the improvement of con18 crete masonry products and new product development, and 

19 studies documenting the performance of concrete masonry. 

20 (r) SECRETARY.—The term ‘‘Secretary’’ means the 

21 Secretary of Commerce. 

22 (s) UNITED STATES.—The term ‘‘United States’’ 

23 means the several States and the District of Columbia. 

24 SEC. 4. ISSUANCE OF ORDERS. 

25 (a) IN GENERAL.— 


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

2 procedures provided in subsection (b), shall issue or3 ders under this Act applicable to manufacturers of 

4 concrete masonry products. 

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

6 scope. 

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

8 be in effect at any one time. 

9 (b) PROCEDURES.— 

10 (1) DEVELOPMENT OR RECEIPT OF PROPOSED

11 ORDER.—A proposed order with respect to concrete 

12 masonry products may be— 

13 (A) prepared by the Secretary at any time; 

14 or 

15 (B) requested by or submitted to the Sec16 retary by— 

17 (i) an existing national organization 

18 of concrete masonry product manufacturers; 

19 or 

20 (ii) any person that may be affected by 

21 the issuance of an order with respect to con22 crete masonry products. 

23 (2) PUBLICATION OF PROPOSED ORDER.—Not 

24 later than 60 days after receiving a proposed order or 

25 a request for a proposed order in accordance with 


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1 subparagraph (B) of paragraph (1), the Secretary 

2 shall publish a proposed order in the Federal Register 

3 and give 30 days notice and opportunity for public 

4 comment on the proposed 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.—The order shall be 

14 issued and become effective only after an affirm15 ative vote in a referendum as provided in section 

16 7, but not later than 120 days after publication 

17 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 information re7 garding concrete masonry products. 

8 (B) MEMBERSHIP.— 

9 (i) NUMBER OF MEMBERS.—The board 

10 shall consist of not more than 25 members. 

11 (ii) APPOINTMENT.—The members of 

12 the Board shall be appointed by the Sec13 retary from nominations submitted as pro14 vided in this subsection. 

15 (iii) COMPOSITION.—The Board shall 

16 consist of manufacturers. 

17 (2) DISTRIBUTION OF APPOINTMENTS.— 

18 (A) GEOGRAPHICAL REPRESENTATION.—To 

19 ensure fair and equitable representation of the 

20 concrete masonry products industry, the com21 position of the Board shall reflect the geo22 graphical distribution of the manufacture of con23 crete masonry products in the United States and 

24 the types of concrete masonry products manufac25 tured. 


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1 (B) ADJUSTMENT IN BOARD REPRESENTA2 TION.—Three years after the assessment of con3 crete masonry products commences pursuant to 

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

5 thereafter, the Board, subject to the review and 

6 approval of the Secretary, shall, if warranted, 

7 recommend to the Secretary the reapportionment 

8 of the Board membership to reflect changes in the 

9 geographical distribution of the manufacture of 

10 concrete masonry products and the types of con11 crete masonry products manufactured. 

12 (3) NOMINATIONS PROCESS.—The order shall 

13 provide the following: 

14 (A) NUMBER OF NOMINATIONS.—Two nomi15 nees shall be submitted for each appointment to 

16 the Board. 

17 (B) PROCEDURE.—Nominations for each 

18 appointment of a manufacturer shall be made by 

19 manufacturers in accordance with procedures 

20 specified in the order. 

21 (C) FAILURE TO NOMINATE.—In any case 

22 in which manufacturers fail to nominate indi23 viduals for an appointment to the Board, the 

24 Secretary may appoint an individual to fill the 


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1 vacancy on a basis provided in the order or 

2 other regulations of the Secretary. 

3 (D) FAILURE TO APPOINT.—If the Secretary 

4 fails to make an appointment to the Board with5 in 30 days of receiving nominations for such ap6 pointment, the first nominee for such appoint7 ment shall be deemed appointed. 

8 (4) ALTERNATES.—The order shall provide for 

9 the selection of alternate members of the Board by the 

10 Secretary in accordance with procedures specified in 

11 the order. 

12 (5) TERMS.— 

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

14 alternates of the Board shall each serve for a 

15 term of 3 years, except that members and any al16 ternates initially appointed to the Board shall 

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

18 years, as specified by the order. 

19 (B) LIMITATION ON CONSECUTIVE TERMS.— 

20 A member or alternate may serve not more than 

21 2 consecutive terms. 

22 (C) CONTINUATION OF TERM.—Notwith23 standing subparagraph (B), each member or al24 ternate shall continue to serve until a successor 

25 is appointed by the Secretary. 


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1 (D) VACANCIES.—A vacancy arising before 

2 the expiration of a term of office of an incum3 bent member or alternate of the Board shall be 

4 filled in a manner provided for in the order. 

5 (6) DISQUALIFICATION FROM BOARD SERVICE.— 

6 The order shall provide that if a member or alternate 

7 of the Board who was appointed as a manufacturer 

8 ceases to qualify as a manufacturer, such member or 

9 alternate shall be disqualified from serving on the 

10 Board. 

11 (7) COMPENSATION.— 

12 (A) IN GENERAL.—Members and any alter13 nates of the Board shall serve without compensa14 tion. 

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

16 Board, members or alternates shall be reimbursed 

17 for reasonable travel expenses, which may in18 clude per diem allowance or actual subsistence 

19 incurred while away from their homes or regular 

20 places of business in the performance of services 

21 for the Board. 

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

23 shall specify the powers and duties of the Board, which shall 

24 include the power and duty— 


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1 (1) to administer the order in accordance with 

2 its terms and conditions and to collect assessments; 

3 (2) to develop and recommend to the Secretary 

4 for approval such bylaws as may be necessary for the 

5 functioning of the board and such rules as may be 

6 necessary to administer the order, including activities 

7 authorized to be carried out under the order; 

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

9 members of the Board a chairperson, other officers, 

10 and committees and subcommittees, as the Board de11 termines appropriate; 

12 (4) to establish regional organizations or com13 mittees to administer regional initiatives; 

14 (5) to establish working committees of persons 

15 other than Board members; 

16 (6) to employ such persons, other than the mem17 bers, as the board considers necessary, and to deter18 mine the compensation and specify the duties of the 

19 persons; 

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

21 Secretary, before the beginning of each fiscal year, 

22 rates of assessment under section 6 and an annual 

23 budget of the anticipated expenses to be incurred in 

24 the administration of the order, including the prob25 able cost of each promotion, research, and information 


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1 activity proposed to be developed or carried out by the 

2 Board; 

3 (8) to borrow funds necessary for the startup ex4 penses of the order; 

5 (9) to carry out research, education, and pro6 motion programs and projects, and to pay the costs 

7 of such programs and projects with assessments col8 lected under section 6; 

9 (10) subject to subsection (e), to enter into con10 tracts or agreements to develop and carry out pro11 grams or projects of research, education, and pro12 motion relating to concrete masonry products; 

13 (11) to keep minutes, books, and records that re14 flect the actions and transactions of the Board, and 

15 promptly report minutes of each Board meeting to the 

16 Secretary; 

17 (12) to receive, investigate, and report to the Sec18 retary complaints of violations of the order; 

19 (13) to furnish the Secretary with such informa20 tion as the Secretary may request; 

21 (14) to recommend to the Secretary such amend22 ments to the order as the Board considers appro23 priate; and 

24 (15) to provide the Secretary with advance no25 tice of meetings. 


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1 (d) PROGRAMS AND PROJECTS; BUDGETS; EX2 PENSES.— 

3 (1) PROGRAMS AND PROJECTS.—The order shall 

4 require the Board to submit to the Secretary for ap5 proval any program or project of research, education, 

6 or promotion. 

7 (2) BUDGETS.— 

8 (A) SUBMISSION.—The order shall require 

9 the Board to submit to the Secretary for ap10 proval a budget of the anticipated expenses and 

11 disbursements of the Board in the implementa12 tion of the order, including the projected costs of 

13 concrete masonry products research, education, 

14 and promotion programs and projects. 

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

16 before the beginning of a fiscal year and as fre17 quently as may be necessary after the beginning 

18 of the fiscal year. 

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

20 approve or reject a budget within 30 days of re21 ceipt, such budget shall be deemed approved. 

22 (3) ADMINISTRATIVE EXPENSES.— 

23 (A) INCURRING EXPENSES.—A board may 

24 incur the expenses described in paragraph (2) 

25 and other expenses for the administration, mainVerDate Sep 11 2014 00:13 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\S429.RS S429

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1 tenance, and functioning of the Board as author2 ized by the Secretary. 

3 (B) PAYMENT OF EXPENSES.—Expenses in4 curred under subparagraph (A) shall be paid by 

5 the Board using assessments collected under sec6 tion 6, earnings obtained from assessments, and 

7 other income of the Board. Any funds borrowed 

8 by the Board shall be expended only for startup 

9 costs and capital outlays. 

10 (C) LIMITATION ON SPENDING.—For fiscal 

11 years beginning 3 or more years after the date 

12 of the establishment of the Board, the Board may 

13 not expend for administration (except for reim14 bursement to the Secretary required under sub15 paragraph (D)), maintenance, and functioning 

16 of the Board in a fiscal year an amount that ex17 ceeds 10 percent of the assessment and other in18 come received by the Board for the fiscal year. 

19 (D) REIMBURSEMENT OF SECRETARY.—The 

20 order shall require that the Secretary be reim21 bursed from assessments for all expenses incurred 

22 by the Secretary in the implementation, admin23 istration, and supervision of the order, including 

24 all referenda costs incurred in connection with 

25 the order. 


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1 (e) CONTRACTS AND AGREEMENTS.— 

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

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

4 (A) enter into contracts and agreements to 

5 carry programs and projects of research, edu6 cation, and promotion activities relating to con7 crete masonry products, including contracts and 

8 agreements with manufacturer associations or 

9 other entities as considered appropriate by the 

10 Secretary; 

11 (B) enter into contracts and agreements for 

12 administrative services; and 

13 (C) pay the cost of approved research, edu14 cation, and promotion programs and projects 

15 using assessments collected under section 6, earn16 ings obtained from assessments, and other in17 come of the Board. 

18 (2) REQUIREMENTS.—Each contract or agree19 ment shall provide that any person who enters into 

20 the contract or agreement with the Board shall— 

21 (A) develop and submit to the Board a pro22 posed activity together with a budget that speci23 fies the cost to be incurred to carry out the activ24 ity; 


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1 (B) keep accurate records of all of trans2 actions relating to the contract or agreement; 

3 (C) account for funds received and expended 

4 in connection with the contract or agreement; 

5 (D) make periodic reports to the Board of 

6 activities conducted under the contract or agree7 ment; and 

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

9 the Secretary considers relevant. 

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

11 to approve or reject a contract or agreement entered 

12 into under paragraph (1) within 30 days of receipt, 

13 the contract or agreement shall be deemed approved. 

14 (f) BOOKS AND RECORDS OF BOARD.— 

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

16 Board to— 

17 (A) maintain such books and records (which 

18 shall be available to the Secretary for inspection 

19 and audit) as the Secretary may require; 

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

21 any time the Secretary may specify, any infor22 mation the Secretary may request; and 

23 (C) account for the receipt and disburse24 ment of all funds in the possession, or under the 

25 control, of the Board. 


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

2 to have— 

3 (A) the books and records of the Board au4 dited by an independent auditor at the end of 

5 each fiscal year; and 

6 (B) a report of the audit submitted directly 

7 to the Secretary. 

8 (g) PROHIBITED ACTIVITIES.— 

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

10 Board shall not engage in any action to, nor shall 

11 any funds received by the Board under this Act be 

12 used to— 

13 (A) influence legislation or governmental 

14 action; 

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

16 conflict of interest; or 

17 (C) engage in advertising that is false or 

18 misleading. 

19 (2) EXCEPTIONS.—Paragraph (1) does not pre20 clude— 

21 (A) the development and recommendation of 

22 amendments to the order; 

23 (B) the communication to appropriate gov24 ernment officials of information relating to the 

25 conduct, implementation, or results of research, 


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1 education, and promotion activities under the 

2 order; or 

3 (C) any action designed to market concrete 

4 masonry products directly to a foreign govern5 ment or political subdivision of a foreign govern6 ment. 

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

8 the Board to provide for the independent evaluation of all 

9 research, education, and promotion activities undertaken 

10 under the order. 

11 (i) BOOKS AND RECORDS OF PERSONS COVERED BY

12 ORDER.— 

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

14 manufacturers of concrete masonry products shall— 

15 (A) maintain records sufficient to ensure 

16 compliance with the order and regulations; 

17 (B) submit to the Board any information 

18 required by the Board to carry out its respon19 sibilities; and 

20 (C) make the records described in subpara21 graph (A) available, during normal business 

22 hours, for inspection by employees or agents of 

23 the Board or the Department, including any 

24 records necessary to verify information required 

25 under subparagraph (B). 


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1 (2) TIME REQUIREMENT.—Any record required 

2 to be maintained under paragraph (1) shall be main3 tained for such time period as the Secretary may pre4 scribe. 

5 (3) CONFIDENTIALITY OF INFORMATION.— 

6 (A) IN GENERAL.—Except as otherwise pro7 vided in this Act, all information obtained under 

8 paragraph (1) or as part of a referendum under 

9 section 7 shall be kept confidential by all officers, 

10 employees, and agents of the Department and of 

11 the Board. 

12 (B) SUITS AND HEARINGS.—Information 

13 referred to in subparagraph (A) may be disclosed 

14 only if— 

15 (i) the Secretary considers the informa16 tion relevant; and 

17 (ii) the information is revealed in a ju18 dicial proceeding or administrative hearing 

19 brought at the direction or on the request of 

20 the Secretary or to which the Secretary or 

21 any officer of the Department is a party. 

22 (C) GENERAL STATEMENTS AND PUBLICA23 TIONS.—This paragraph does not prohibit— 

24 (i) the issuance of general statements 

25 based on reports or on information relating 


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1 to a number of persons subject to an order 

2 if the statements do not identify the infor3 mation furnished by any person; or 

4 (ii) the publication, by direction of the 

5 Secretary, of the name of any person vio6 lating any order and a statement of the 

7 particular provisions of the order violated 

8 by the person. 

9 (D) PENALTY.—Any person who willfully 

10 violates this subsection shall be fined not more 

11 than $5,000, imprisoned not more than 1 year, 

12 or both. 

13 (4) WITHHOLDING INFORMATION.—This sub14 section does not authorize the withholding of informa15 tion from Congress. 

16 SEC. 6. ASSESSMENTS. 

17 (a) ASSESSMENTS.—The order shall provide that as18 sessments shall be paid by manufacturers with respect to 

19 concrete masonry products manufactured and marketed in 

20 the United States. 

21 (b) COLLECTION.— 

22 (1) IN GENERAL.—Assessments required under 

23 the order shall be remitted by the manufacturer to the 

24 Board in the manner prescribed by the order. 


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1 (2) TIMING.—The order shall provide that assess2 ments required under the order shall be remitted to 

3 the Board not less frequently than quarterly. 

4 (3) RECORDS.—As part of the remittance of as5 sessments, manufacturers shall identify the total 

6 amount due in assessments on all sales receipts, in7 voices or other commercial documents of sale as a re8 sult of the sale of concrete masonry units in a manner 

9 as prescribed by the Board to ensure compliance with 

10 the order. 

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

12 rates, the order shall contain the following terms: 

13 (1) INITIAL RATE.—The assessment rate on con14 crete masonry products shall be $0.01 per concrete 

15 masonry unit sold. 

16 (2) CHANGES IN THE RATE.— 

17 (A) AUTHORITY TO CHANGE RATE.—The 

18 Board shall have the authority to change the as19 sessment rate. A two-thirds majority of voting 

20 members of the Board shall be required to ap21 prove a change in the assessment rate. 

22 (B) LIMITATION ON INCREASES.—An in23 crease or decrease in the assessment rate with re24 spect to concrete masonry products may not ex25 ceed $0.01 per concrete masonry unit sold. 


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1 (C) MAXIMUM RATE.—The assessment rate 

2 shall not be in excess of $0.05 per concrete ma3 sonry unit. 

4 (D) LIMITATION ON FREQUENCY OF

5 CHANGES.—The assessment rate may not be in6 creased or decreased more than once annually. 

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

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

9 charges may be levied on each person subject to the 

10 order who fails to remit an assessment in accordance 

11 with subsection (b). 

12 (2) RATE.—The rate for late-payment and inter13 est charges shall be specified by the Secretary. 

14 (e) INVESTMENT OF ASSESSMENTS.—Pending dis15 bursement of assessments under a budget approved by the 

16 Secretary, a board may invest assessments collected under 

17 this section in— 

18 (1) obligations of the United States or any agen19 cy of the United States; 

20 (2) general obligations of any State or any polit21 ical subdivision of a State; 

22 (3) interest-bearing accounts or certificates of de23 posit of financial institutions that are members of the 

24 Federal Reserve System; or 


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1 (4) obligations fully guaranteed as to principal 

2 and interest by the United States. 

3 (f) ASSESSMENT FUNDS FOR REGIONAL INITIA4 TIVES.— 

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

6 no less than 50 percent of the assessments (less ad7 ministration expenses) paid by a manufacturer shall 

8 be used to support research, education, and promotion 

9 plans and projects in support of the geographic region 

10 of the manufacturer. 

11 (2) GEOGRAPHIC REGIONS.—The order shall pro12 vide for the following geographic regions: 

13 (A) Region I shall comprise Connecticut, 

14 Delaware, Maine, Maryland, Massachusetts, New 

15 Hampshire, New Jersey, New York, Pennsyl16 vania, Rhode Island, Vermont, and West Vir17 ginia. 

18 (B) Region II shall comprise Alabama, 

19 Florida, Georgia, Mississippi, North Carolina, 

20 South Carolina, Tennessee, and Virginia. 

21 (C) Region III shall comprise Illinois, Indi22 ana, Iowa, Kentucky, Michigan, Minnesota, Ne23 braska, North Dakota, Ohio, South Dakota, and 

24 Wisconsin. 


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1 (D) Region IV shall comprise Arizona, Ar2 kansas, Kansas, Louisiana, Missouri, New Mex3 ico, Oklahoma, and Texas. 

4 (E) Region V shall comprise Alaska, Cali5 fornia, Colorado, Hawaii, Idaho, Montana, Ne6 vada, Oregon, Utah, Washington, and Wyoming. 

7 (3) ADJUSTMENT OF GEOGRAPHIC REGIONS.— 

8 The order shall provide that the Secretary may, upon 

9 recommendation of the Board, modify the composition 

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

11 SEC. 7. REFERENDA. 

12 (a) INITIAL REFERENDUM.— 

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

14 day period immediately preceding the proposed effec15 tive date of the order issued under section 4, the Sec16 retary shall conduct a referendum among manufac17 turers required to pay assessments under the order, as 

18 provided in section 6. 

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

20 shall become effective only if the Secretary determines 

21 that the order has been approved by a simple major22 ity of all votes cast in the referendum. 

23 (b) VOTES PERMITTED.— 

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

25 vote in a referendum conducted under this section 


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1 shall be entitled to cast one vote for each machine cav2 ity in operation that is operated by such manufac3 turer if they satisfy the eligibility requirements as de4 fined in paragraph (2). 

5 (2) ELIGIBILITY.—For purposes of paragraph 

6 (1), manufacturers shall be considered to be eligible to 

7 vote if they have manufactured concrete masonry 

8 products during a period of at least 180 days prior 

9 to the referendum. 

10 (c) MANNER OF CONDUCTING REFERENDA.— 

11 (1) IN GENERAL.—Referenda conducted pursuant 

12 to this section shall be conducted in a manner deter13 mined by the Secretary. 

14 (2) ADVANCE REGISTRATION.—A manufacturer 

15 who chooses to vote in any referendum conducted 

16 under this section shall register with the Secretary 

17 prior to the voting period, after receiving notice from 

18 the Secretary concerning the referendum under para19 graph (4). 

20 (3) VOTING.—The Secretary shall establish pro21 cedures for voting in any referendum conducted under 

22 this section. The ballots and other information or re23 ports that reveal or tend to reveal the identity or vote 

24 of voters shall be strictly confidential. 


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

2 referendum is conducted under this section with re3 spect to an order, the Secretary shall notify all manu4 facturers, in such a manner as determined by the Sec5 retary, of the period during which voting in the ref6 erendum will occur. The notice shall explain any reg7 istration and voting procedures established under this 

8 subsection. 

9 (d) SUBSEQUENT REFERENDA.—If an order is ap10 proved in a referendum conducted under subsection (a), the 

11 Secretary shall conduct a subsequent referendum— 

12 (1) at the request of the Board, subject to the vot13 ing requirements of subsections (b) and (c), to ascer14 tain whether eligible manufacturers favor suspension, 

15 termination, or continuance of the order; or 

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

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

18 year intervals thereafter, at the request of 25 percent 

19 or more of the number of persons eligible to vote 

20 under subsection (b). 

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

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

23 determines that suspension or termination of the order is 

24 favored by a simple majority of all votes cast in the ref25 erendum, the Secretary shall— 


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

2 suspend or terminate, as appropriate, collection of as3 sessments under the order; and 

4 (2) suspend or terminate, as appropriate, activi5 ties under the order as soon as practicable and in an 

6 orderly manner. 

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

8 under an order with respect to which a referendum is con9 ducted under this section shall reimburse the Secretary from 

10 assessments for any expenses incurred by the Secretary to 

11 conduct the referendum. 

12 SEC. 8. PETITION AND REVIEW. 

13 (a) PETITION.— 

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

15 issued under this Act may file with the Secretary a 

16 petition— 

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

18 the order, or any obligation imposed in connec19 tion with the order, is not established in accord20 ance with law; and 

21 (B) requesting a modification of the order 

22 or an exemption from the order. 

23 (2) HEARING.—The Secretary shall give the peti24 tioner an opportunity for a hearing on the petition, 


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1 in accordance with regulations issued by the Sec2 retary. 

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

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

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

6 (b). 

7 (4) LIMITATION ON PETITION.—Any petition 

8 filed under this subsection challenging an order, any 

9 provision of the order, or any obligation imposed in 

10 connection with the order, shall be filed within 2 

11 years after the effective date of the order, provision, 

12 or obligation subject to challenge in the petition. 

13 (b) REVIEW.— 

14 (1) COMMENCEMENT OF ACTION.—The district 

15 courts of the United States in any district in which 

16 a person who is a petitioner under subsection (a) re17 sides or conducts business shall have jurisdiction to 

18 review the ruling of the Secretary on the petition of 

19 the person, if a complaint requesting the review is 

20 filed no later than 20 days after the date of the entry 

21 of the ruling by the Secretary. 

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

23 under this subsection shall be conducted in accordance 

24 with the Federal Rules of Civil Procedure. 


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

2 under this subsection determines that the ruling of the 

3 Secretary on the petition of the person is not in ac4 cordance with law, the court shall remand the matter 

5 to the Secretary with directions— 

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

7 determine to be in accordance with law; or 

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

9 opinion the court, the law requires. 

10 (c) ENFORCEMENT.—The pendency of proceedings in11 stituted under this section shall not impede, hinder, or 

12 delay the Attorney General or the Secretary from obtaining 

13 relief under section 9. 

14 SEC. 9. ENFORCEMENT. 

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

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

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

18 or regulation issued by the Secretary under this Act. 

19 (b) REFERRAL TO ATTORNEY GENERAL.—A civil ac20 tion authorized to be brought under this section shall be 

21 referred to the Attorney General of the United States for 

22 appropriate action. 

23 (c) CIVIL PENALTIES AND ORDERS.— 

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

25 violates an order or regulation issued by the Secretary 


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1 under this Act may be assessed by the Secretary a 

2 civil penalty of not more than $5,000 for each viola3 tion. 

4 (2) SEPARATE OFFENSE.—Each violation and 

5 each day during which there is a failure to comply 

6 with an order or regulation issued by the Secretary 

7 shall be considered to be a separate offense. 

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

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

10 issue an order requiring a person to cease and desist 

11 from violating the order or regulation. 

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

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

14 Secretary under this subsection unless the Secretary 

15 provides notice and an opportunity for a hearing on 

16 the record with respect to the violation. 

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

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

19 by the Secretary shall be final and conclusive unless 

20 the person against whom the order is issued files an 

21 appeal from the order with the appropriate district 

22 court of the United States, as provided in subsection 

23 (d). 


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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 a 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 per8 sons voting in a referendum conducted under section 7. 

9 (b) IMPLEMENTATION OF SUSPENSION OR TERMI10 NATION.—If, as a result of a referendum conducted under 

11 section 7, the Secretary determines that the order is not ap12 proved, the Secretary shall— 

13 (1) not later than 180 days after making the de14 termination, suspend or terminate, as the case may 

15 be, collection of assessments under the order; and 

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

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

18 orderly manner. 

19 SEC. 12. CONFIDENTIALITY. 

20 Nothing in this Act shall be construed to require the 

21 Board to disclose information or records under section 552 

22 of title 5, United States Code. 

23 SEC. 13. AMENDMENTS TO ORDERS. 

24 The provisions of this Act applicable to the order shall 

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

26 section 8 shall not apply to an amendment. 


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1 SEC. 14. 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. 15. 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. 16. 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. 


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Calendar No. 617 

113TH CONGRESS 

2D SESSION S. 429 

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 coordiDECEMBER 8, 2014 

Reported with an amendment 


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