(14) to recommend to the Secretary such 
amendments to the order as the Board considers ap-
propriate; and 
(15) to provide the Secretary with advance no-
tice of meetings. 
(d) PROGRAMS
AND
PROJECTS; BUDGETS; EX-
PENSES.— 
(1) PROGRAMS
AND
PROJECTS.—The order 
shall require the Board to submit to the Secretary 
for approval any program or project of research, 
education, or promotion. 
(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 concrete masonry products research, edu-
cation, and promotion programs and projects. 
(B) TIMING.—The budget shall be sub-
mitted before the beginning of a fiscal year and 
as frequently as may be necessary after the be-
ginning of the fiscal year. 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(C) APPROVAL.—If the Secretary fails to 
approve or reject a budget within 30 days of re-
ceipt, such budget shall be deemed approved. 
(3) ADMINISTRATIVE EXPENSES.— 
(A) INCURRING EXPENSES.—A 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 
incurred under subparagraph (A) shall be paid 
by the Board using assessments collected under 
section 6, earnings obtained from assessments, 
and other income of the Board. Any funds bor-
rowed 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 
reimbursement to the Secretary required under 
subparagraph (D)), maintenance, and func-
tioning of the Board in a fiscal year an amount 
that exceeds 10 percent of the assessment and 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
other income received by the Board for the fis-
cal year. 
(D) REIMBURSEMENT
OF
SECRETARY.— 
The order shall require that the Secretary be 
reimbursed from assessments for all expenses 
incurred by the Secretary in the implementa-
tion, 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 programs and projects of research, 
education, and promotion activities relating to 
concrete masonry products, including contracts 
and 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 research, edu-
cation, and promotion programs and projects 
using assessments collected under section 6, 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
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 
proposed activity together with a budget that 
specifies the cost to be incurred to carry out the 
activity; 
(B) keep accurate records of all of trans-
actions relating to the contract or agreement; 
(C) account for funds received and ex-
pended in connection with the contract or 
agreement; 
(D) make periodic reports to the Board of 
activities conducted under the contract or 
agreement; and 
(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 30 days of 
receipt, the contract or agreement shall be deemed 
approved. 
(f) BOOKS AND RECORDS OF BOARD.— 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(1) IN GENERAL.—The order shall require the 
Board to— 
(A) maintain such books and records 
(which shall be available to the Secretary for in-
spection and audit) as the Secretary may re-
quire; 
(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— 
(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 di-
rectly to the Secretary. 
(g) PROHIBITED ACTIVITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Board shall not engage in any action to, nor 
shall any funds received by the Board under this Act 
be used to— 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(A) influence legislation or governmental 
action; 
(B) engage in an action that would be a 
conflict of interest; or 
(C) engage in advertising that is false or 
misleading. 
(2) EXCEPTIONS.—Paragraph (1) does not pre-
clude— 
(A) the development and recommendation 
of amendments to the order; 
(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; or 
(C) any action designed to market concrete 
masonry products directly to a foreign govern-
ment or political subdivision of a foreign gov-
ernment. 
(h) PERIODIC EVALUATION.—The order shall require 
the Board to provide for the independent evaluation of all 
research, education, and promotion activities undertaken 
under the order. 
(i) BOOKS AND RECORDS OF PERSONS COVERED BY 
ORDER.— 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(1) IN GENERAL.—The order shall require that 
manufacturers of concrete masonry products shall— 
(A) maintain records sufficient to ensure 
compliance with the order and regulations; 
(B) submit to the Board any information 
required by the Board to carry out its respon-
sibilities; and 
(C) 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, including any 
records necessary to verify information required 
under subparagraph (B). 
(2) TIME REQUIREMENT.—Any record required 
to be maintained under paragraph (1) shall be main-
tained for such time period as the Secretary may 
prescribe. 
(3) CONFIDENTIALITY OF INFORMATION.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this Act, all information obtained 
under paragraph (1) or as part of a referendum 
under section 7 shall be kept confidential by all 
officers, employees, and agents of the Depart-
ment and of the Board. 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(B) SUITS
AND
HEARINGS.—Information 
referred to in subparagraph (A) may be dis-
closed only if— 
(i) the Secretary considers the infor-
mation relevant; and 
(ii) the information is revealed in a 
judicial proceeding or administrative hear-
ing brought at the direction or on the re-
quest of the Secretary or to which the Sec-
retary 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 
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 person who willfully 
violates this subsection shall be fined not more 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
than $5,000, imprisoned not more than 1 year, 
or both. 
(4) WITHHOLDING
INFORMATION.—This sub-
section does not authorize the withholding of infor-
mation from Congress. 
SEC. 6. ASSESSMENTS. 
(a) ASSESSMENTS.—The order shall provide that as-
sessments shall be paid by manufacturers with respect to 
concrete masonry products manufactured and marketed in 
the United States. 
(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 as-
sessments 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 
result of the sale of concrete masonry units in a 
manner as prescribed by the Board to ensure com-
pliance with the order. 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(c) ASSESSMENT RATES.—With respect to assess-
ment rates, the order shall contain the following terms: 
(1) INITIAL
RATE.—The assessment rate on 
concrete masonry products shall be $0.01 per con-
crete 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 ap-
prove a change in the assessment rate. 
(B) LIMITATION ON INCREASES.—An in-
crease 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 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 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
order who fails to remit an assessment in accordance 
with subsection (b). 
(2) RATE.—The rate for late-payment and in-
terest charges shall be specified by the Secretary. 
(e) INVESTMENT OF ASSESSMENTS.—Pending dis-
bursement of assessments under a budget approved by the 
Secretary, a 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 po-
litical subdivision of a State; 
(3) interest-bearing accounts or certificates of 
deposit 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 pro-
motion plans and projects in support of the geo-
graphic region of the manufacturer. 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(2) GEOGRAPHIC
REGIONS.—The order shall 
provide for the following geographic regions: 
(A) Region I shall comprise Connecticut, 
Delaware, Maine, Maryland, Massachusetts, 
New Hampshire, New Jersey, New York, Penn-
sylvania, Rhode Island, Vermont, and West Vir-
ginia. 
(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-
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 Wyo-
ming. 
(3) ADJUSTMENT OF GEOGRAPHIC REGIONS.— 
The order shall provide that the Secretary may, 
upon recommendation of the Board, modify the com-
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
position of the geographic regions described in para-
graph (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 
Secretary shall conduct a referendum among manu-
facturers required to pay assessments under the 
order, as provided in section 6. 
(2) APPROVAL OF ORDER NEEDED.—The order 
shall become effective only if the Secretary deter-
mines that the order has been approved by a simple 
majority of all votes cast 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 for each machine 
cavity in operation that is operated by such manu-
facturer if they satisfy the eligibility requirements as 
defined in paragraph (2). 
(2) ELIGIBILITY.—For purposes of paragraph 
(1), manufacturers shall be considered to be eligible 
to vote if they have manufactured concrete masonry 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
products during a period of at least 180 days prior 
to the referendum. 
(c) MANNER OF CONDUCTING REFERENDA.— 
(1) IN GENERAL.—Referenda conducted pursu-
ant to this section shall be conducted in a manner 
determined 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 
paragraph (4). 
(3) VOTING.—The Secretary shall establish pro-
cedures 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 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 man-
ufacturers, 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. 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(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 
voting requirements of subsections (b) and (c), to 
ascertain whether eligible manufacturers favor sus-
pension, 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 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 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-
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
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 
(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 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
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. 
(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. 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
20:22 Mar 02, 2015
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H985.IH
H985
tkelley on DSK3SPTVN1PROD with BILLS