sustainable development, advancements in concrete ma-
sonry product technology and development, and other in-
formation and programs designed to generate increased 
demand for commercial, residential, multi-family, and in-
stitutional projects using concrete masonry products and 
to generally enhance the image of concrete masonry prod-
ucts. 
(k) IMPORTER.—The term ‘‘importer’’ means a per-
son that imports concrete masonry products into the 
United States. 
(l) MACHINE CAVITIES.—The term ‘‘machine cav-
ities’’ means the cavities with which a block machine could 
be equipped. 
(m) MACHINE CAVITIES IN OPERATION.—The term 
‘‘machine cavities in operation’’ means those machine cav-
ities associated with a block machine that have produced 
concrete masonry units within the last six months of the 
date set for determining eligibility and is fully operable 
and capable of producing concrete masonry units. 
(n) MASONRY UNIT.—The term ‘‘masonry unit’’ 
means a noncombustible building product intended to be 
laid by hand or joined using mortar, grout, surface bond-
ing, post-tensioning or some combination of these meth-
ods. 
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(o) MANUFACTURER.—The term ‘‘manufacturer’’ 
means any person engaged in the manufacturing of com-
mercial concrete masonry products. 
(p) ORDER.—The term ‘‘order’’ means an order 
issued under section 4. 
(q) PERSON.—The term ‘‘person’’ means any indi-
vidual, group of individuals, partnership, corporation, as-
sociation, cooperative, or any other entity. 
(r) PROMOTION.—The term ‘‘promotion’’ means any 
action, including paid advertising, to advance the image 
and desirability of concrete masonry products with the ex-
press intent of improving the competitive position and 
stimulating sales of concrete masonry products in the mar-
ketplace. 
(s) RESEARCH.—The term ‘‘research’’ means studies 
testing the effectiveness of market development and pro-
motion efforts, studies relating to the improvement of con-
crete masonry products and new product development, and 
studies documenting the performance of concrete ma-
sonry. 
(t) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Commerce. 
(u) UNITED STATES.—The term ‘‘United States’’ 
means the several States and the District of Columbia. 
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SEC. 4. ISSUANCE OF ORDERS. 
(a) IN GENERAL.— 
(1) ISSUANCE.—The Secretary, subject to the 
procedures provided in subsection (b), shall issue or-
ders under this Act applicable to— 
(A) manufacturers of concrete masonry 
products; and 
(B) importers of concrete masonry prod-
ucts, if imports of concrete masonry products 
are subject to assessment under the order. 
(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 concrete 
masonry products may be— 
(A) prepared 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 importers; or 
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(ii) any person that may be affected 
by the issuance of an order with respect to 
concrete masonry products. 
(2) PUBLICATION OF PROPOSED ORDER.—Not 
later than 60 days after receiving a proposed order 
or a request for a proposed order in accordance with 
subparagraph (B), the Secretary shall publish a pro-
posed order in the Federal Register and give 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.—The order shall be 
issued and become effective only after an af-
firmative vote in a referendum as provided in 
section 7, but not later than 120 days after 
publication of the proposed order. 
(c) AMENDMENTS.—The Secretary may, from time to 
time, amend an order. The provisions of this Act applica-
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ble 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. 
(b) CONCRETE MASONRY PRODUCTS BOARD.— 
(1) ESTABLISHMENT AND MEMBERSHIP.— 
(A) ESTABLISHMENT.—The order shall 
provide for the establishment of a Concrete Ma-
sonry Products Board (referred to in this Act 
as the ‘‘Board’’) to carry out a program of ge-
neric promotion, research, and information re-
garding concrete masonry products. 
(B) MEMBERSHIP.— 
(i) 
NUMBER
OF
MEMBERS.—The 
Board shall consist of 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 this subsection. 
(iii) COMPOSITION.—The Board shall 
consist of manufacturers. If imports of 
concrete masonry products are subject to 
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assessment under the order, the Secretary 
shall also appoint importers as members of 
the Board. 
(2) DISTRIBUTION OF APPOINTMENTS.— 
(A) GEOGRAPHICAL
REPRESENTATION.— 
To ensure fair and equitable representation of 
the concrete masonry products industry, the 
composition of the Board shall reflect the geo-
graphical distribution of the manufacture of 
concrete masonry products in the United 
States, the types of concrete masonry products 
manufactured, and the quantity or value of the 
concrete masonry products imported into the 
United States, if imports of concrete masonry 
products are covered under the order. 
(B) ADJUSTMENT IN BOARD REPRESENTA-
TION.—Three years after the assessment of 
concrete masonry products commences pursuant 
to an order, and at the end of each three-year 
period thereafter, the Board, subject to the re-
view and approval of the Secretary, shall, if 
warranted, recommend to the Secretary the re-
apportionment of the Board membership to re-
flect changes in the geographical distribution of 
the manufacture of concrete masonry products, 
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the types of concrete masonry products manu-
factured, and the quantity or value of imported 
concrete masonry products. 
(3) NOMINATIONS PROCESS.—The order shall 
provide the following: 
(A) NUMBER
OF
NOMINATIONS.—Two 
nominees shall be submitted for each appoint-
ment to the Board. 
(B) PROCEDURE.—Nominations for each 
appointment of a manufacturer or an importer 
shall be made by manufacturers or importers, 
respectively, in accordance with procedures 
specified in the order. 
(C) FAILURE TO NOMINATE.—In any case 
in which manufacturers or importers fail to 
nominate individuals for an appointment to the 
Board, the Secretary may appoint an individual 
to fill the vacancy on a basis provided in the 
order or other regulations of the Secretary. 
(D) FAILURE
TO
APPOINT.—If the Sec-
retary fails to make an appointment to the 
Board within 30 days of receiving nominations 
for such appointment, the first nominee for 
such appointment shall be deemed appointed. 
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(4) ALTERNATES.—The order shall provide for 
the selection of alternate members of the Board by 
the Secretary in accordance with procedures speci-
fied in the order. 
(5) TERMS.— 
(A) IN GENERAL.—The members and any 
alternates of the Board shall each serve for a 
term of three years, except that members and 
any alternates initially appointed to the Board 
shall serve for terms of not more than two, 
three, and four years, as specified by the order. 
(B) 
LIMITATION
ON
CONSECUTIVE 
TERMS.—A member or alternate may serve not 
more than two consecutive terms. 
(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. 
(6) DISQUALIFICATION
FROM
BOARD
SERV-
ICE.—The order shall provide that if a member or 
alternate of the Board who was appointed as a man-
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ufacturer or importer ceases to qualify as a manu-
facturer or importer, respectively, such member or 
alternate shall be disqualified from serving on the 
Board. 
(7) COMPENSATION.— 
(A) IN GENERAL.—Members and any al-
ternates of the Board shall serve without com-
pensation. 
(B) TRAVEL EXPENSES.—If approved by 
the Board, members or alternates shall be reim-
bursed for reasonable travel expenses, which 
may include per diem allowance or actual sub-
sistence incurred while away from their homes 
or regular places of business in the performance 
of services for the Board. 
(c) POWERS
AND DUTIES
OF
THE BOARD.—The 
order shall specify the powers and duties of the Board, 
which shall include 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 ac-
tivities authorized to be carried out under the order; 
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(3) to meet, organize, and select from among 
members of the Board a chairperson, other officers, 
and committees and subcommittees, as the Board 
determines 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 
members, as the Board considers necessary, and to 
determine 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 an-
nual budget of the anticipated expenses to be in-
curred in the administration of the order, including 
the probable cost of each promotion, research, and 
information activity proposed to be developed or car-
ried out by the Board; 
(8) to borrow funds necessary for the startup 
expenses of the order; 
(9) to carry out research, education, and pro-
motion programs and projects, and to pay the costs 
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of such programs and projects with assessments col-
lected 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 
reflect 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 
Secretary complaints of violations of the order; 
(13) to furnish the Secretary with such infor-
mation as the Secretary may request; 
(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. 
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(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. 
(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, 
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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 three or more years after the 
date of 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 
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 programs and projects of research, edu-
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cation, and promotion activities relating to con-
crete 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, 
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; 
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(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.— 
(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— 
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(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— 
(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 
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(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.— 
(1) IN GENERAL.—The order shall require that 
manufacturers and importers 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). 
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(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. 
(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— 
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(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 
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.— 
(1) MANUFACTURERS.—The order shall provide 
that assessments shall be paid by manufacturers 
with respect to concrete masonry products manufac-
tured and marketed in the United States. 
(2) IMPORTERS.—The order may provide that 
assessments shall be paid by importers with respect 
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to concrete masonry products imported into the 
United States. 
(b) COLLECTION.— 
(1) MANUFACTURERS.—Except as provided in 
paragraph (2), assessments required under the order 
shall be remitted by the manufacturer to the Board 
in the manner prescribed by the order. 
(2) IMPORTERS.—An assessment on imported 
concrete masonry products shall be paid by the im-
porter to Customs at the time of entry into the 
United States and shall be remitted by Customs to 
the Board in the manner prescribed by the order. 
(3) TIMING.—The order shall provide that as-
sessments required under the order shall be remitted 
to the Board no less than quarterly. 
(4) 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. 
(c) ASSESSMENT RATES.—With respect to assess-
ment rates, the order shall contain the following terms: 
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(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 
order who fails to remit an assessment in accordance 
with subsection (b). 
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(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. 
(2) GEOGRAPHIC
REGIONS.—The order shall 
provide for the following geographic regions: 
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(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-
position of the geographic regions described in para-
graph (2). 
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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 and importers 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) MANUFACTURERS.—Each manufacturer eli-
gible 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 
manufacturer if they satisfy the eligibility require-
ments as defined in paragraph (3). 
(2) IMPORTERS.—Each importer eligible to vote 
in a referendum conducted under this section shall 
be entitled to cast one vote if they satisfy the eligi-
bility requirements as defined in paragraph (3). 
(3) ELIGIBILITY.—For purposes of paragraphs 
(1) and (2), manufacturers and importers shall be 
considered to be eligible to vote if they have manu-
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factured or imported concrete masonry products 
during a period of at least six months 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 
or importer 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 and importers, in such a manner as de-
termined by the Secretary, of the period during 
which voting in the referendum will occur. The no-
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tice shall explain any registration and voting proce-
dures 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 
voting requirements of subsections (b) and (c), to 
ascertain whether eligible manufacturers and import-
ers 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 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 
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(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 
(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 
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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. 
(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 
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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 
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. 
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(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 
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. 
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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 
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.— 
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(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 
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-
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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 
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. 
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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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