H. R. 302—293 
(4) WITHHOLDING INFORMATION.—This subsection does not 
authorize the withholding of information from Congress. 
SEC. 1306. ASSESSMENTS. 
(a) ASSESSMENTS.—The order shall provide that assessments 
shall be paid by a manufacturer if the manufacturer has manufac-
tured concrete masonry products during a period of at least 180 
days prior to the date the assessment is to be remitted. 
(b) COLLECTION.— 
(1) IN GENERAL.—Assessments required under the order 
shall be remitted by the manufacturer to the Board in the 
manner prescribed by the order. 
(2) TIMING.—The order shall provide that assessments 
required under the order shall be remitted to the Board not 
less frequently than quarterly. 
(3) RECORDS.—As part of the remittance of assessments, 
manufacturers shall identify the total amount due in assess-
ments on all sales receipts, invoices or other commercial docu-
ments of sale as a result of the sale of concrete masonry 
units in a manner as prescribed by the Board to ensure compli-
ance with the order. 
(c) ASSESSMENT RATES.—With respect to assessment rates, the 
order shall contain the following terms: 
(1) INITIAL
RATE.—The assessment rate on concrete 
masonry products shall be $0.01 per concrete masonry unit 
sold. 
(2) CHANGES IN THE RATE.— 
(A) AUTHORITY
TO
CHANGE
RATE.—The Board shall 
have the authority to change the assessment rate. A two- 
thirds majority of voting members of the Board shall be 
required to approve a change in the assessment rate. 
(B) 
LIMITATION
ON
INCREASES.—An 
increase 
or 
decrease in the assessment rate with respect to concrete 
masonry products may not exceed $0.01 per concrete 
masonry unit sold. 
(C) MAXIMUM RATE.—The assessment rate shall not 
be in excess of $0.05 per concrete masonry unit. 
(D) LIMITATION
ON
FREQUENCY
OF
CHANGES.—The 
assessment rate may not be increased or decreased more 
than once annually. 
(d) LATE-PAYMENT AND INTEREST CHARGES.— 
(1) IN GENERAL.—Late-payment and interest charges may 
be levied on each person subject to the order who fails to 
remit an assessment in accordance with subsection (b). 
(2) RATE.—The rate for late-payment and interest charges 
shall be specified by the Secretary. 
(e) INVESTMENT
OF ASSESSMENTS.—Pending disbursement of 
assessments under a budget approved by the Secretary, the Board 
may invest assessments collected under this section in— 
(1) obligations of the United States or any agency of the 
United States; 
(2) general obligations of any State or any political subdivi-
sion of a State; 
(3) interest-bearing accounts or certificates of deposit of 
financial institutions that are members of the Federal Reserve 
System; or
H. R. 302—294 
(4) obligations fully guaranteed as to principal and interest 
by the United States. 
(f) ASSESSMENT FUNDS FOR REGIONAL INITIATIVES.— 
(1) IN GENERAL.—The order shall provide that not less 
than 50 percent of the assessments (less administration 
expenses) paid by a manufacturer shall be used to support 
research, education, and promotion programs and projects in 
support of the geographic region of the manufacturer. 
(2) GEOGRAPHIC REGIONS.—The order shall provide for the 
following geographic regions: 
(A) Region I shall comprise Connecticut, Delaware, 
the District of Columbia, Maine, Maryland, Massachusetts, 
New Hampshire, New Jersey, New York, Pennsylvania, 
Rhode Island, Vermont, and West Virginia. 
(B) Region II shall comprise Alabama, Florida, Georgia, 
Mississippi, North Carolina, South Carolina, Tennessee, 
and Virginia. 
(C) Region III shall comprise Illinois, Indiana, Iowa, 
Kentucky, Michigan, Minnesota, Nebraska, North Dakota, 
Ohio, South Dakota, and Wisconsin. 
(D) Region IV shall comprise Arizona, Arkansas, 
Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and 
Texas. 
(E) Region V shall comprise Alaska, California, Colo-
rado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, 
Washington, and Wyoming. 
(3) ADJUSTMENT OF GEOGRAPHIC REGIONS.—The order shall 
provide that the Secretary may, upon recommendation of the 
Board, modify the composition of the geographic regions 
described in paragraph (2). 
SEC. 1307. REFERENDA. 
(a) INITIAL REFERENDUM.— 
(1) REFERENDUM
REQUIRED.—During the 60-day period 
immediately preceding the proposed effective date of the order 
issued under section 1304, the Secretary shall conduct a ref-
erendum among manufacturers eligible under subsection (b)(2) 
subject to assessments under section 1306. 
(2) APPROVAL OF ORDER NEEDED.—The order shall become 
effective only if the Secretary determines that the order has 
been approved by a majority of manufacturers voting who also 
represent a majority of the machine cavities in operation of 
those manufacturers voting in the referendum. 
(b) VOTES PERMITTED.— 
(1) IN GENERAL.—Each manufacturer eligible to vote in 
a referendum conducted under this section shall be entitled 
to cast 1 vote. 
(2) ELIGIBILITY.—For purposes of paragraph (1), a manufac-
turer shall be considered to be eligible to vote if the manufac-
turer has manufactured concrete masonry products during a 
period of at least 180 days prior to the first day of the period 
during which voting in the referendum will occur. 
(c) MANNER OF CONDUCTING REFERENDA.— 
(1) IN
GENERAL.—Referenda conducted pursuant to this 
section shall be conducted in a manner determined by the 
Secretary.
H. R. 302—295 
(2) ADVANCE REGISTRATION.—A manufacturer who chooses 
to vote in any referendum conducted under this section shall 
register with the Secretary prior to the voting period, after 
receiving notice from the Secretary concerning the referendum 
under paragraph (4). 
(3) VOTING.—The Secretary shall establish procedures for 
voting in any referendum conducted under this section. The 
ballots and other information or reports that reveal or tend 
to reveal the identity or vote of voters shall be strictly confiden-
tial. 
(4) NOTICE.—Not later than 30 days before a referendum 
is conducted under this section with respect to an order, the 
Secretary shall notify all manufacturers, in such a manner 
as determined by the Secretary, of the period during which 
voting in the referendum will occur. The notice shall explain 
any registration and voting procedures established under this 
subsection. 
(d) SUBSEQUENT REFERENDA.—If an order is approved in a 
referendum conducted under subsection (a), the Secretary shall 
conduct a subsequent referendum— 
(1) at the request of the Board, subject to the voting require-
ments of subsections (b) and (c), to ascertain whether eligible 
manufacturers favor suspension, termination, or continuance 
of the order; or 
(2) effective beginning on the date that is 5 years after 
the date of the approval of the order, and at 5-year intervals 
thereafter, at the request of 25 percent or more of the total 
number of persons eligible to vote under subsection (b). 
(e) SUSPENSION
OR TERMINATION.—If, as a result of a ref-
erendum conducted under subsection (d), the Secretary determines 
that suspension or termination of the order is favored by a majority 
of all votes cast in the referendum as provided in subsection (a)(2), 
the Secretary shall— 
(1) not later than 180 days after the referendum, suspend 
or terminate, as appropriate, collection of assessments under 
the order; and 
(2) suspend or terminate, as appropriate, programs and 
projects under the order as soon as practicable and in an 
orderly manner. 
(f) COSTS OF REFERENDA.—The Board established under an 
order with respect to which a referendum is conducted under this 
section shall reimburse the Secretary from assessments for any 
expenses incurred by the Secretary to conduct the referendum. 
SEC. 1308. PETITION AND REVIEW. 
(a) PETITION.— 
(1) IN GENERAL.—A person subject to an order issued under 
this division may file with the Secretary a petition— 
(A) stating that the order, any provision of the order, 
or any obligation imposed in connection with the order, 
is not established in accordance with law; and 
(B) requesting a modification of the order or an exemp-
tion from the order. 
(2) HEARING.—The Secretary shall give the petitioner an 
opportunity for a hearing on the petition, in accordance with 
regulations issued by the Secretary.
H. R. 302—296 
(3) RULING.—After the hearing, the Secretary shall make 
a ruling on the petition. The ruling shall be final, subject 
to review as set forth in subsection (b). 
(4) LIMITATION ON PETITION.—Any petition filed under this 
subsection challenging an order, any provision of the order, 
or any obligation imposed in connection with the order, shall 
be filed not less than 2 years after the effective date of the 
order, provision, or obligation subject to challenge in the peti-
tion. 
(b) REVIEW.— 
(1) COMMENCEMENT OF ACTION.—The district courts of the 
United States in any district in which a person who is a 
petitioner under subsection (a) resides or conducts business 
shall have jurisdiction to review the ruling of the Secretary 
on the petition of the person, if a complaint requesting the 
review is filed no later than 30 days after the date of the 
entry of the ruling by the Secretary. 
(2) PROCESS.—Service of process in proceedings under this 
subsection shall be conducted in accordance with the Federal 
Rules of Civil Procedure. 
(3) REMANDS.—If the court in a proceeding under this 
subsection determines that the ruling of the Secretary on the 
petition of the person is not in accordance with law, the court 
shall remand the matter to the Secretary with directions— 
(A) to make such ruling as the court shall determine 
to be in accordance with law; or 
(B) to take such further action as, in the opinion of 
the court, the law requires. 
(c) ENFORCEMENT.—The pendency of proceedings instituted 
under this section shall not impede, hinder, or delay the Attorney 
General or the Secretary from obtaining relief under section 1309. 
SEC. 1309. ENFORCEMENT. 
(a) JURISDICTION.—A district court of the United States shall 
have jurisdiction to enforce, and to prevent and restrain any person 
from violating, this division or an order or regulation issued by 
the Secretary under this division. 
(b) REFERRAL TO ATTORNEY GENERAL.—A civil action authorized 
to be brought under this section shall be referred to the Attorney 
General of the United States for appropriate action. 
(c) CIVIL PENALTIES AND ORDERS.— 
(1) CIVIL PENALTIES.—A person who willfully violates an 
order or regulation issued by the Secretary under this division 
may be assessed by the Secretary a civil penalty of not more 
than $5,000 for each violation. 
(2) SEPARATE
OFFENSE.—Each violation and each day 
during which there is a failure to comply with an order or 
regulation issued by the Secretary shall be considered to be 
a separate offense. 
(3) CEASE-AND-DESIST ORDERS.—In addition to, or in lieu 
of, a civil penalty, the Secretary may issue an order requiring 
a person to cease and desist from violating the order or regula-
tion. 
(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 Secretary provides notice and an