(e) SUSPENSION OR TERMINATION.—If, as a result 
of a referendum conducted under subsection (d), the Sec-
retary determines that suspension or termination of the 
order is favored by a simple majority of all votes cast in 
the referendum, the Secretary shall— 
(1) not later than 180 days after the ref-
erendum, suspend or terminate, as appropriate, col-
lection of assessments under the order; and 
(2) suspend or terminate, as appropriate, activi-
ties 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 con-
ducted under this section shall reimburse the Secretary 
from assessments for any expenses incurred by the Sec-
retary to conduct the referendum. 
SEC. 8. PETITION AND REVIEW. 
(a) PETITION.— 
(1) IN GENERAL.—A person subject to an order 
issued under this Act may file with the Secretary a 
petition— 
(A) stating that the order, any provision of 
the order, or any obligation imposed in connec-
tion with the order, is not established in accord-
ance with law; and 
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(B) requesting a modification of the order 
or an exemption from the order. 
(2) HEARING.—The Secretary shall give the pe-
titioner an opportunity for a hearing on the petition, 
in accordance with regulations issued by the Sec-
retary. 
(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 within 2 
years after the effective date of the order, provision, 
or obligation subject to challenge in the petition. 
(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) re-
sides 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 20 days after the date of the 
entry of the ruling by the Secretary. 
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(2) PROCESS.—Service of process in pro-
ceedings under this subsection shall be conducted in 
accordance with the Federal Rules of Civil Proce-
dure. 
(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 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 obtain-
ing relief under section 9. 
SEC. 9. 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 Act or an 
order or regulation issued by the Secretary under this Act. 
(b) REFERRAL TO ATTORNEY GENERAL.—A civil ac-
tion authorized to be brought under this section shall be 
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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 Sec-
retary under this Act may be assessed by the Sec-
retary 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 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 
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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.— 
(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 
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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-
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 a 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 
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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. 
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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