issue an order requiring a person to cease and desist 
from violating the order or regulation. 
(4) NOTICE AND HEARING.—No order assessing 
a penalty or cease-and-desist order may be issued by 
the Secretary under this subsection unless the Sec-
retary provides notice and an opportunity for a hear-
ing on the record with respect to the violation. 
(5) FINALITY.—An order assessing a penalty or 
a cease-and-desist order issued under this subsection 
by the Secretary shall be final and conclusive unless 
the person against whom the order is issued files an 
appeal from the order with the appropriate district 
court of the United States, as provided in subsection 
(d). 
(d) ADDITIONAL REMEDIES.—The remedies provided 
in this Act shall be in addition to, and not exclusive of, 
other remedies that may be available. 
SEC. 10. INVESTIGATION AND POWER TO SUBPOENA. 
(a) INVESTIGATIONS.—The Secretary may conduct 
such investigations as the Secretary considers necessary 
for the effective administration of this Act, or to determine 
whether any person has engaged or is engaging in any 
act that constitutes a violation of this Act or any order 
or regulation issued under this Act. 
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— 
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(1) INVESTIGATIONS.—For the purpose of con-
ducting an investigation under subsection (a), the 
Secretary may administer oaths and affirmations, 
subpoena witnesses, compel the attendance of wit-
nesses, take evidence, and require the production of 
any records that are relevant to the inquiry. The 
production of the records may be required from any 
place in the United States. 
(2) ADMINISTRATIVE HEARINGS.—For the pur-
pose of an administrative hearing held under section 
8(a)(2) or section 9(c)(4), the presiding officer may 
administer oaths and affirmations, subpoena wit-
nesses, compel the attendance of witnesses, take evi-
dence, and require the production of any records 
that are relevant to the inquiry. The attendance of 
witnesses and the production of the records may be 
required from any place in the United States. 
(c) AID OF COURTS.— 
(1) IN GENERAL.—In the case of contumacy by, 
or refusal to obey a subpoena issued under sub-
section (b) to, any person, the Secretary may invoke 
the aid of any court of the United States within the 
jurisdiction of which the investigation or proceeding 
is conducted, or where the person resides or con-
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ducts business, in order to enforce a subpoena issued 
under subsection (b). 
(2) ORDER.—The court may issue an order re-
quiring the person referred to in paragraph (1) to 
comply with a subpoena referred to in paragraph 
(1). 
(3) FAILURE TO OBEY.—Any failure to obey 
the order of the court may be punished by the court 
as a contempt of court. 
(4) PROCESS.—Process in any proceeding 
under this subsection may be served in the United 
States judicial district in which the person being 
proceeded against resides or conducts business, or 
wherever the person may be found. 
SEC. 11. SUSPENSION OR TERMINATION. 
(a) MANDATORY SUSPENSION OR TERMINATION.— 
The Secretary shall suspend or terminate an order or a 
provision of an order if the Secretary finds that an order 
or provision of an order obstructs or does not tend to ef-
fectuate the purpose of this Act, or if the Secretary deter-
mines that the order or a provision of an order is not fa-
vored by persons voting in a referendum conducted under 
section 7. 
(b) IMPLEMENTATION OF SUSPENSION OR TERMI-
NATION.—If, as a result of a referendum conducted under 
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section 7, the Secretary determines that the order is not 
approved, the Secretary shall— 
(1) not later than 180 days after making the 
determination, suspend or terminate, as the case 
may be, collection of assessments under the order; 
and 
(2) as soon as practicable, suspend or termi-
nate, as the case may be, activities under the order 
in an orderly manner. 
SEC. 12. CONFIDENTIALITY. 
Nothing in this Act shall be construed to require the 
Board to disclose information or records under section 552 
of title 5, United States Code. 
SEC. 13. AMENDMENTS TO ORDERS. 
The provisions of this Act applicable to the order 
shall be applicable to any amendment to the order, except 
that section 8 shall not apply to an amendment. 
SEC. 14. EFFECT ON OTHER LAWS. 
This Act shall not affect or preempt any other Fed-
eral or State law authorizing research, education, and pro-
motion relating to concrete masonry products. 
SEC. 15. REGULATIONS. 
The Secretary may issue such regulations as may be 
necessary to carry out this Act and the power vested in 
the Secretary under this Act. 
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SEC. 16. LIMITATION ON EXPENDITURES FOR ADMINISTRA-
TIVE EXPENSES. 
Funds appropriated to carry out this Act may not 
be used for the payment of the expenses or expenditures 
of the Board in administering the order. 
Æ 
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