term includes concrete block and related concrete 
units used in masonry applications. 
(7) CONFLICT OF INTEREST.—The term ‘‘conflict 
of interest’’ means, with respect to a member or em-
ployee of the Board, a situation in which such mem-
ber or employee has a direct or indirect financial or 
other interest in a person that performs a service for, 
or enters into a contract with, for anything of eco-
nomic value. 
(8) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Commerce. 
(9) DRY-CAST CONCRETE.—The term ‘‘dry-cast 
concrete’’ means a composite material that is com-
posed essentially of aggregates embedded in a binding 
medium composed of a mixture of cementitious mate-
rials (including hydraulic cement, pozzolans, or other 
cementitious materials) and water of such a consist-
ency to maintain its shape after forming in a block 
machine. 
(10) EDUCATION.—The term ‘‘education’’ means 
programs that will educate or communicate the bene-
fits of concrete masonry products in safe and environ-
mentally sustainable development, advancements in 
concrete masonry product technology and develop-
ment, and other information and programs designed 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
to generate increased demand for commercial, residen-
tial, multi-family, and institutional projects using 
concrete masonry products and to generally enhance 
the image of concrete masonry products. 
(11) MACHINE
CAVITIES.—The term ‘‘machine 
cavities’’ means the cavities with which a block ma-
chine could be equipped. 
(12) MACHINE
CAVITIES
IN
OPERATION.—The 
term ‘‘machine cavities in operation’’ means those 
machine cavities associated with a block machine that 
have produced concrete masonry units within the last 
6 months of the date set for determining eligibility 
and is fully operable and capable of producing con-
crete masonry units. 
(13) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person engaged in the manufac-
turing of commercial concrete masonry products in 
the United States. 
(14) MASONRY UNIT.—The term ‘‘masonry unit’’ 
means a noncombustible building product intended to 
be laid by hand or joined using mortar, grout, surface 
bonding, post-tensioning or some combination of these 
methods. 
(15) ORDER.—The term ‘‘order’’ means an order 
issued under section 4. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(16) PERSON.—The term ‘‘person’’ means any 
individual, group of individuals, partnership, cor-
poration, association, cooperative, or any other entity. 
(17) PROMOTION.—The term ‘‘promotion’’ means 
any action, including paid advertising, to advance 
the image and desirability of concrete masonry prod-
ucts with the express intent of improving the competi-
tive position and stimulating sales of concrete ma-
sonry products in the marketplace. 
(18) RESEARCH.—The term ‘‘research’’ means 
studies testing the effectiveness of market development 
and promotion efforts, studies relating to the improve-
ment of concrete masonry products and new product 
development, and studies documenting the perform-
ance of concrete masonry. 
(19) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(20) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the several States and the District of 
Columbia. 
SEC. 4. ISSUANCE OF ORDERS. 
(a) IN GENERAL.— 
(1) ISSUANCE.—The Secretary, subject to the 
procedures provided in subsection (b), shall issue or-
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
ders under this Act applicable to manufacturers of 
concrete masonry products. 
(2) SCOPE.—Any order shall be national in 
scope. 
(3) ONE ORDER.—Not more than one order shall 
be in effect at any one time. 
(b) PROCEDURES.— 
(1) DEVELOPMENT OR RECEIPT OF PROPOSED 
ORDER.—A proposed order with respect to the generic 
research, education, and promotion with regards to 
concrete masonry products may be— 
(A) proposed by the Secretary at any time; 
or 
(B) requested by or submitted to the Sec-
retary by— 
(i) an existing national organization 
of concrete masonry product manufacturers; 
or 
(ii) any person that may be affected by 
the issuance of an order. 
(2) PUBLICATION OF PROPOSED ORDER.—If the 
Secretary determines that a proposed order received 
in accordance with paragraph (1)(B) is consistent 
with and will effectuate the purpose of this Act, the 
Secretary shall publish such proposed order in the 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
Federal Register not later than 90 days after receiv-
ing the order, and give not less than 30 days notice 
and opportunity for public comment on the proposed 
order. 
(3) ISSUANCE OF ORDER.— 
(A) IN GENERAL.—After notice and oppor-
tunity for public comment are provided in ac-
cordance with paragraph (2), the Secretary shall 
issue the order, taking into consideration the 
comments received and including in the order 
such provisions as are necessary to ensure that 
the order is in conformity with this Act. 
(B) EFFECTIVE DATE.—If there is an af-
firmative vote in a referendum as provided in 
section 7, the Secretary shall issue the order and 
such order shall be effective not later than 140 
days after publication of the proposed order. 
(c) AMENDMENTS.—The Secretary may, from time to 
time, amend an order. The provisions of this Act applicable 
to an order shall be applicable to any amendment to an 
order. 
SEC. 5. REQUIRED TERMS IN ORDERS. 
(a) IN GENERAL.—Any order issued under this Act 
shall contain the terms and provisions specified in this sec-
tion. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(b) CONCRETE MASONRY PRODUCTS BOARD.— 
(1) ESTABLISHMENT AND MEMBERSHIP.— 
(A) ESTABLISHMENT.—The order shall pro-
vide for the establishment of a Concrete Masonry 
Products Board to carry out a program of ge-
neric promotion, research, and education regard-
ing concrete masonry products. 
(B) MEMBERSHIP.— 
(i) NUMBER OF MEMBERS.—The board 
shall consist of not less than 15 and not 
more than 25 members. 
(ii) APPOINTMENT.—The members of 
the Board shall be appointed by the Sec-
retary from nominations submitted as pro-
vided in the order. 
(iii) COMPOSITION.—The Board shall 
consist of manufacturers. No employee of an 
industry trade organization exempt from 
tax under paragraphs (3) or (6) of section 
501(c) of the Internal Revenue Code of 1986 
(26 U.S.C. 501(c)) representing the concrete 
masonry industry or related industries shall 
serve as a member of the Board and no 
member of the Board may serve concur-
rently as an officer of the board of directors 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(3) NOMINATIONS PROCESS.—The Secretary may 
make appointments from nominations by manufac-
turers pursuant to the method set forth in the order. 
(4) FAILURE TO APPOINT.—If the Secretary fails 
to make an appointment to the Board within 60 days 
of receiving nominations for such appointment, the 
first nominee for such appointment shall be deemed 
appointed, unless the Secretary provides reasonable 
justification for the delay to the Board and to Con-
gress and provides a reasonable date by which ap-
proval or disapproval will be made. 
(5) ALTERNATES.—The order shall provide for 
the selection of alternate members of the Board by the 
Secretary in accordance with procedures specified in 
the order. 
(6) TERMS.— 
(A) IN GENERAL.—The members and any 
alternates of the Board shall each serve for a 
term of 3 years, except that members and any al-
ternates initially appointed to the Board shall 
serve for terms of not more than 2, 3, and 4 
years, as specified by the order. 
(B) LIMITATION ON CONSECUTIVE TERMS.— 
A member or an alternate may serve not more 
than 2 consecutive terms. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(C) CONTINUATION
OF
TERM.—Notwith-
standing subparagraph (B), each member or al-
ternate shall continue to serve until a successor 
is appointed by the Secretary. 
(D) VACANCIES.—A vacancy arising before 
the expiration of a term of office of an incum-
bent member or alternate of the Board shall be 
filled in a manner provided for in the order. 
(7) DISQUALIFICATION FROM BOARD SERVICE.— 
The order shall provide that if a member or alternate 
of the Board who was appointed as a manufacturer 
ceases to qualify as a manufacturer, such member or 
alternate shall be disqualified from serving on the 
Board. 
(8) COMPENSATION.— 
(A) IN GENERAL.—Members and any alter-
nates of the Board shall serve without compensa-
tion. 
(B) TRAVEL EXPENSES.—If approved by the 
Board, members or alternates shall be reimbursed 
for reasonable travel expenses, which may in-
clude per diem allowance or actual subsistence 
incurred while away from their homes or regular 
places of business in the performance of services 
for the Board. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(c) POWERS AND DUTIES OF THE BOARD.—The order 
shall specify the powers and duties of the Board, including 
the power and duty— 
(1) to administer the order in accordance with 
its terms and conditions and to collect assessments; 
(2) to develop and recommend to the Secretary 
for approval such bylaws as may be necessary for the 
functioning of the Board and such rules as may be 
necessary to administer the order, including activities 
authorized to be carried out under the order; 
(3) to meet, organize, and select from among 
members of the Board a chairperson, other officers, 
and committees and subcommittees, as the Board de-
termines appropriate; 
(4) to establish regional organizations or com-
mittees to administer regional initiatives; 
(5) to establish working committees of persons 
other than Board members; 
(6) to employ such persons, other than the mem-
bers, as the board considers necessary, and to deter-
mine the compensation and specify the duties of the 
persons; 
(7) to prepare and submit for the approval of the 
Secretary, before the beginning of each fiscal year, 
rates of assessment under section 6 and an annual 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
budget of the anticipated expenses to be incurred in 
the administration of the order, including the prob-
able cost of each promotion, research, and information 
activity proposed to be developed or carried out by the 
Board; 
(8) to borrow funds necessary for the startup ex-
penses of the order; 
(9) to carry out generic research, education, and 
promotion programs and projects relating to concrete 
masonry products, and to pay the costs of such pro-
grams and projects with assessments collected under 
section 6; 
(10) subject to subsection (e), to enter into con-
tracts or agreements to develop and carry out pro-
grams or projects of research, education, and pro-
motion relating to concrete masonry products; 
(11) to keep minutes, books, and records that re-
flect the actions and transactions of the Board, and 
promptly report minutes of each Board meeting to the 
Secretary; 
(12) to receive, investigate, and report to the Sec-
retary complaints of violations of the order; 
(13) to furnish the Secretary with such informa-
tion as the Secretary may request; 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(14) to recommend to the Secretary such amend-
ments to the order as the Board considers appro-
priate; and 
(15) to provide the Secretary with advance no-
tice of meetings to permit the Secretary or the Sec-
retary’s representative to attend the meetings. 
(d) PROGRAMS
AND
PROJECTS; BUDGETS; EX-
PENSES.— 
(1) PROGRAMS AND PROJECTS.— 
(A) IN GENERAL.—The order shall require 
the Board to submit to the Secretary for ap-
proval any program or project of research, edu-
cation, or promotion relating to concrete ma-
sonry products. 
(B) STATEMENT
REQUIRED.—Any edu-
cational or promotional activity undertaken 
with funds provided by the Board shall include 
a statement that such activities were supported 
in whole or in part by the Board. 
(2) BUDGETS.— 
(A) SUBMISSION.—The order shall require 
the Board to submit to the Secretary for ap-
proval a budget of the anticipated expenses and 
disbursements of the Board in the implementa-
tion of the order, including the projected costs of 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
concrete masonry products research, education, 
and promotion programs and projects. 
(B) TIMING.—The budget shall be submitted 
before the beginning of a fiscal year and as fre-
quently as may be necessary after the beginning 
of the fiscal year. 
(C) APPROVAL.—If the Secretary fails to 
approve or reject a budget within 60 days of re-
ceipt, such budget shall be deemed approved, un-
less the Secretary provides to the Board and to 
Congress, in writing, reasonable justification for 
the delay and provides a reasonable date by 
which approval or disapproval will be made. 
(3) ADMINISTRATIVE EXPENSES.— 
(A) INCURRING
EXPENSES.—The Board 
may incur the expenses described in paragraph 
(2) and other expenses for the administration, 
maintenance, and functioning of the Board as 
authorized by the Secretary. 
(B) PAYMENT OF EXPENSES.—Expenses in-
curred under subparagraph (A) shall be paid by 
the Board using assessments collected under sec-
tion 6, earnings obtained from assessments, and 
other income of the Board. Any funds borrowed 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
by the Board shall be expended only for startup 
costs and capital outlays. 
(C) LIMITATION ON SPENDING.—For fiscal 
years beginning 3 or more years after the date 
of the establishment of the Board, the Board may 
not expend for administration (except for reim-
bursement to the Secretary required under sub-
paragraph (D)), maintenance, and functioning 
of the Board in a fiscal year an amount that ex-
ceeds 10 percent of the assessment and other in-
come received by the Board for the fiscal year. 
(D) REIMBURSEMENT OF SECRETARY.—The 
order shall require that the Secretary be reim-
bursed by the Board from assessments for all ex-
penses incurred by the Secretary in the imple-
mentation, administration, and supervision of 
the order, including all referenda costs incurred 
in connection with the order. 
(e) CONTRACTS AND AGREEMENTS.— 
(1) IN GENERAL.—The order shall provide that, 
with the approval of the Secretary, the Board may— 
(A) enter into contracts and agreements to 
carry out generic research, education, and pro-
motion programs and projects relating to con-
crete masonry products, including contracts and 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
agreements with manufacturer associations or 
other entities as considered appropriate by the 
Secretary; 
(B) enter into contracts and agreements for 
administrative services; and 
(C) pay the cost of approved generic re-
search, education, and promotion programs and 
projects using assessments collected under section 
6, earnings obtained from assessments, and other 
income of the Board. 
(2) REQUIREMENTS.—Each contract or agree-
ment shall provide that any person who enters into 
the contract or agreement with the Board shall— 
(A) develop and submit to the Board a pro-
posed program or project together with a budget 
that specifies the cost to be incurred to carry out 
the program or project; 
(B) keep accurate records of all of trans-
actions relating to the contract or agreement; 
(C) account for funds received and expended 
in connection with the contract or agreement; 
(D) make periodic reports to the Board of 
activities conducted under the contract or agree-
ment; and 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(E) make such other reports as the Board or 
the Secretary considers relevant. 
(3) FAILURE TO APPROVE.—If the Secretary fails 
to approve or reject a contract or agreement entered 
into under paragraph (1) within 60 days of receipt, 
the contract or agreement shall be deemed approved, 
unless the Secretary provides to the Board and to 
Congress, in writing, reasonable justification for the 
delay and provides a reasonable date by which ap-
proval or disapproval will be made. 
(f) BOOKS AND RECORDS OF BOARD.— 
(1) IN GENERAL.—The order shall require the 
Board to— 
(A) maintain such books and records (which 
shall be available to the Secretary for inspection 
and audit) as the Secretary may require; 
(B) collect and submit to the Secretary, at 
any time the Secretary may specify, any infor-
mation the Secretary may request; and 
(C) account for the receipt and disburse-
ment of all funds in the possession, or under the 
control, of the Board. 
(2) AUDITS.—The order shall require the Board 
to have— 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(A) the books and records of the Board au-
dited by an independent auditor at the end of 
each fiscal year; and 
(B) a report of the audit submitted directly 
to the Secretary. 
(g) PROHIBITED ACTIVITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Board shall not engage in any program or project to, 
nor shall any funds received by the Board under this 
Act be used to— 
(A) influence legislation, elections, or gov-
ernmental action; 
(B) engage in an action that would be a 
conflict of interest; 
(C) engage in advertising that is false or 
misleading; 
(D) engage in any promotion, research, or 
education that would be disparaging to other 
construction materials; or 
(E) engage in any promotion or project that 
would benefit any individual manufacturer. 
(2) EXCEPTIONS.—Paragraph (1) does not pre-
clude— 
(A) the development and recommendation of 
amendments to the order; 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(B) the communication to appropriate gov-
ernment officials of information relating to the 
conduct, implementation, or results of research, 
education, and promotion activities under the 
order except communications described in para-
graph(1)(A); or 
(C) any lawful action designed to market 
concrete masonry products directly to a foreign 
government or political subdivision of a foreign 
government. 
(h) PERIODIC EVALUATION.—The order shall require 
the Board to provide for the independent evaluation of all 
research, education, and promotion programs or projects 
undertaken under the order, beginning five years after the 
date of enactment of this Act and every three years there-
after. The Board shall submit to the Secretary and make 
available to the public the results of each such evaluation. 
(i) OBJECTIVES.—The Board shall establish annual re-
search, education, and promotion objectives and perform-
ance metrics for each fiscal year subject to approval by the 
Secretary. 
(j) BIENNIAL REPORT.—Every two years the Board 
shall prepare and make publicly available a comprehensive 
and detailed report that includes an identification and de-
scription of all programs and projects undertaken by the 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
Board during the previous two years as well as those 
planned for the subsequent two years and detail the alloca-
tion or planned allocation of Board resources for each such 
program or project. Such report shall also include— 
(1) the Board’s overall financial condition; 
(2) a summary of the amounts obligated or ex-
pended during the two preceding fiscal years; and 
(3) a description of the extent to which the 
Board’s objectives were met according to the metrics 
required under subsection (i). 
(k) BOOKS AND RECORDS OF PERSONS COVERED BY 
ORDER.— 
(1) IN GENERAL.—The order shall require that 
manufacturers shall— 
(A) maintain records sufficient to ensure 
compliance with the order and regulations; and 
(B) make the records described in subpara-
graph (A) available, during normal business 
hours, for inspection by employees or agents of 
the Board or the Department. 
(2) TIME REQUIREMENT.—Any record required 
to be maintained under paragraph (1) shall be main-
tained for such time period as the Secretary may pre-
scribe. 
(3) CONFIDENTIALITY OF INFORMATION.— 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(A) IN GENERAL.—Except as otherwise pro-
vided in this subparagraph (B) trade secrets and 
commercial or financial information that is 
privileged or confidential reported to, or other-
wise obtained by the Board or the Secretary (or 
any representative of the Board or the Secretary) 
under this Act shall not be disclosed by any offi-
cers, employees, and agents of the Department or 
the Board. 
(B) SUITS
AND
HEARINGS.—Information 
referred to in subparagraph (A) may be disclosed 
only if— 
(i) the Secretary considers the informa-
tion relevant; and 
(ii) the information is revealed in a ju-
dicial proceeding or administrative hearing 
brought at the direction or on the request of 
the Secretary or to which the Secretary or 
any officer of the Department is a party. 
(C) GENERAL STATEMENTS AND PUBLICA-
TIONS.—This paragraph does not prohibit— 
(i) the issuance of general statements 
based on reports or on information relating 
to a number of persons subject to an order 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
if the statements do not identify the infor-
mation furnished by any person; or 
(ii) the publication, by direction of the 
Secretary, of the name of any person vio-
lating any order and a statement of the 
particular provisions of the order violated 
by the person. 
(D) PENALTY.—Any officer, employee, or 
agent of the Department of Commerce or any of-
ficer, employee, or agent of the Board who will-
fully violates this subsection shall be fined not 
more than $1,000 and imprisoned for not more 
than 1 year, or both. 
(4) WITHHOLDING
INFORMATION.—This sub-
section does not authorize the withholding of informa-
tion from Congress. 
SEC. 6. ASSESSMENTS. 
(a) ASSESSMENTS.—The order shall provide that as-
sessments shall be paid by a manufacturer if the manufac-
turer has manufactured concrete masonry products during 
a period of at least 180 days prior to the date the assessment 
is to be remitted. 
(b) COLLECTION.— 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(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 assess-
ments required under the order shall be remitted to 
the Board not less frequently than quarterly. 
(3) RECORDS.—As part of the remittance of as-
sessments, manufacturers shall identify the total 
amount due in assessments on all sales receipts, in-
voices or other commercial documents of sale as a re-
sult of the sale of concrete masonry units in a manner 
as prescribed by the Board to ensure compliance 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 con-
crete 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 as-
sessment rate. A two-thirds majority of voting 
members of the Board shall be required to ap-
prove a change in the assessment rate. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(B) LIMITATION
ON
INCREASES.—An in-
crease or decrease in the assessment rate with re-
spect to concrete masonry products may not ex-
ceed $0.01 per concrete masonry unit sold. 
(C) MAXIMUM RATE.—The assessment rate 
shall not be in excess of $0.05 per concrete ma-
sonry unit. 
(D) 
LIMITATION
ON
FREQUENCY
OF 
CHANGES.—The assessment rate may not be in-
creased 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 inter-
est charges shall be specified by the Secretary. 
(e) INVESTMENT
OF ASSESSMENTS.—Pending dis-
bursement 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 agen-
cy of the United States; 
(2) general obligations of any State or any polit-
ical subdivision of a State; 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(3) interest-bearing accounts or certificates of de-
posit of financial institutions that are members of the 
Federal Reserve System; or 
(4) obligations fully guaranteed as to principal 
and interest by the United States. 
(f) ASSESSMENT
FUNDS
FOR
REGIONAL
INITIA-
TIVES.— 
(1) IN GENERAL.—The order shall provide that 
no less than 50 percent of the assessments (less ad-
ministration 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 pro-
vide 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, Indi-
ana, Iowa, Kentucky, Michigan, Minnesota, Ne-
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
braska, North Dakota, Ohio, South Dakota, and 
Wisconsin. 
(D) Region IV shall comprise Arizona, Ar-
kansas, Kansas, Louisiana, Missouri, New Mex-
ico, Oklahoma, and Texas. 
(E) Region V shall comprise Alaska, Cali-
fornia, Colorado, Hawaii, Idaho, Montana, Ne-
vada, 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. 7. REFERENDA. 
(a) INITIAL REFERENDUM.— 
(1) REFERENDUM REQUIRED.—During the 60- 
day period immediately preceding the proposed effec-
tive date of the order issued under section 4, the Sec-
retary shall conduct a referendum among manufac-
turers eligible under subsection (b)(2) subject to as-
sessments under section 6. 
(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 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
of the machine cavities in operation of those manufac-
turers 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 one vote. 
(2) ELIGIBILITY.—For purposes of paragraph 
(1), a manufacturer shall be considered to be eligible 
to vote if the manufacturer 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 deter-
mined by the Secretary. 
(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 para-
graph (4). 
(3) VOTING.—The Secretary shall establish pro-
cedures for voting in any referendum conducted under 
this section. The ballots and other information or re-
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
ports that reveal or tend to reveal the identity or vote 
of voters shall be strictly confidential. 
(4) NOTICE.—Not later than 30 days before a 
referendum is conducted under this section with re-
spect to an order, the Secretary shall notify all manu-
facturers, in such a manner as determined by the Sec-
retary, of the period during which voting in the ref-
erendum will occur. The notice shall explain any reg-
istration and voting procedures established under this 
subsection. 
(d) SUBSEQUENT REFERENDA.—If an order is ap-
proved in a referendum conducted under subsection (a), the 
Secretary shall conduct a subsequent referendum— 
(1) at the request of the Board, subject to the vot-
ing requirements of subsections (b) and (c), to ascer-
tain 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 referendum conducted under subsection (d), the Secretary 
determines that suspension or termination of the order is 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
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 as-
sessments under the order; and 
(2) suspend or terminate, as appropriate, pro-
grams and projects under the order as soon as prac-
ticable 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 Secretary 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 
(B) requesting a modification of the order 
or an exemption from the order. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(2) HEARING.—The Secretary shall give the peti-
tioner 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 not less than 
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 30 days after the date of the entry 
of the ruling by the Secretary. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(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 ac-
cordance 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 in-
stituted under this section shall not impede, hinder, or 
delay the Attorney General or the Secretary from obtaining 
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 
referred to the Attorney General of the United States for 
appropriate action. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(c) CIVIL PENALTIES AND ORDERS.— 
(1) CIVIL PENALTIES.—A person who willfully 
violates an order or regulation issued by the Secretary 
under this Act may be assessed by the Secretary a 
civil penalty of not more than $5,000 for each viola-
tion. 
(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 Secretary 
provides notice and an opportunity for a hearing 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. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(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 regu-
lation 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 pro-
duction 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 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
are relevant to the inquiry. The attendance of wit-
nesses and the production of the records may be re-
quired 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 subsection 
(b) to, any person, the Secretary may invoke the aid 
of any court of the United States within the jurisdic-
tion of which the investigation or proceeding is con-
ducted, or where the person resides or conducts busi-
ness, in order to enforce a subpoena issued under sub-
section (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 ju-
dicial district in which the person being proceeded 
against resides or conducts business, or wherever the 
person may be found. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 11. SUSPENSION OR TERMINATION. 
(a) MANDATORY SUSPENSION OR TERMINATION.—The 
Secretary shall suspend or terminate an order or a provi-
sion of an order if the Secretary finds that an order or pro-
vision of an order obstructs or does not tend to effectuate 
the purpose of this Act, or if the Secretary determines that 
the order or a provision of an order is not favored by a 
majority of all votes cast in the referendum as provided in 
section 7(a)(2). 
(b) IMPLEMENTATION
OF SUSPENSION
OR TERMI-
NATION.—If, as a result of a referendum conducted under 
section 7, the Secretary determines that the order is not ap-
proved, the Secretary shall— 
(1) not later than 180 days after making the de-
termination, suspend or terminate, as the case may 
be, collection of assessments under the order; and 
(2) as soon as practicable, suspend or terminate, 
as the case may be, activities under the order in an 
orderly manner. 
SEC. 12. 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. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 13. EFFECT ON OTHER LAWS. 
This Act shall not affect or preempt any other Federal 
or State law authorizing research, education, and pro-
motion relating to concrete masonry products. 
SEC. 14. 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. 15. 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. 
SEC. 16. STUDY AND REPORT BY THE GOVERNMENT AC-
COUNTABILITY OFFICE. 
Not later than 5 years and 8 years after the date of 
enactment of this Act, the Comptroller General of the United 
States shall prepare a study and submit to Congress and 
the Secretary a report examining— 
(1) how the Board spends assessments collected; 
(2) the extent to which the Board’s reported ac-
tivities help achieve its annual objectives; 
(3) any changes in demand for concrete masonry 
products relative to other building materials; 
(4) any impact of the Board’s activities on the 
market share of competing products; 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(5) any impact of the Board’s activities on the 
overall size of the market for building products; 
(6) any impact of the Board’s activities on the 
total number of concrete masonry related jobs, includ-
ing manufacturing, sales, and installation; 
(7) any significant effects of the Board’s activi-
ties on downstream purchasers of concrete masonry 
products and real property into which concrete ma-
sonry products are incorporated; 
(8) effects on prices of concrete masonry products 
as a result of the Board’s activities; 
(9) the cost to the federal government of an in-
crease in concrete masonry product prices, if any, as 
a result of the program established by this Act; 
(10) the extent to which key statutory require-
ments are met; 
(11) the extent and strength of federal oversight 
of the program established by this Act; 
(12) the appropriateness of administering the 
program from within the Office of the Secretary of 
Commerce and the appropriateness of administering 
the program from within any division of the Depart-
ment of Commerce, including whether the Department 
has the expertise, knowledge, or other capabilities nec-
essary to adequately administer the program; and 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS
(13) any other topic that the Comptroller Gen-
eral considers appropriate. 
SEC. 17. STUDY AND REPORT BY THE DEPARTMENT OF 
COMMERCE. 
Not later than 3 years after the date of enactment of 
this Act, the Secretary shall prepare a study and submit 
to Congress a report examining the appropriateness and ef-
fectiveness of applying the commodity check-off program 
model (such as those programs established under subchapter 
II of chapter 101 of title 7, United States Code) to a non-
agricultural industry, taking into account the program es-
tablished by this Act and any other check-off program in-
volving a nonagricultural industry. 
VerDate Sep 11 2014 
23:48 Jul 08, 2016
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H985.RH
H985
SSpencer on DSK4SPTVN1PROD with BILLS