H. R. 302—289 
(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 compensa-
tion 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 1306 and an annual budget of the anticipated 
expenses to be incurred in the administration of the order, 
including the probable 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 expenses 
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 programs and projects with assess-
ments collected under section 1306; 
(10) subject to subsection (e), to enter into contracts or 
agreements to develop and carry out programs or projects of 
research, education, and promotion 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 information as 
the Secretary may request; 
(14) to recommend to the Secretary such amendments to 
the order as the Board considers appropriate; and 
(15) to provide the Secretary with advance notice of 
meetings to permit the Secretary, or the representative of the 
Secretary, to attend the meetings. 
(d) PROGRAMS AND PROJECTS; BUDGETS; EXPENSES.— 
(1) PROGRAMS AND PROJECTS.— 
(A) IN GENERAL.—The order shall require the Board 
to submit to the Secretary for approval any program or 
project of research, education, or promotion relating to 
concrete masonry products. 
(B) STATEMENT
REQUIRED.—Any educational or pro-
motional 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 approval a budget of the 
anticipated expenses and disbursements of the Board in 
the implementation of the order, including the projected 
costs of 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 frequently 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 receipt, such budget 
shall be deemed approved, unless the Secretary provides
H. R. 302—290 
to the Board and to Congress, in writing, reasonable jus-
tification 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 incurred under 
subparagraph (A) shall be paid by the Board using assess-
ments collected under section 1306, earnings obtained from 
assessments, and other income of the Board. Any funds 
borrowed by the Board shall be expended only for startup 
costs and capital outlays. 
(C) LIMITATION ON SPENDING.—For fiscal years begin-
ning 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 functioning 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 fiscal year. 
(D) REIMBURSEMENT OF SECRETARY.—The order shall 
require that the Secretary be reimbursed by the Board 
from assessments for all expenses incurred by the Secretary 
in the implementation, administration, and supervision of 
the order, including all referenda costs incurred in connec-
tion 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 promotion programs and 
projects 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 administra-
tive services; and 
(C) pay the cost of approved generic research, edu-
cation, and promotion programs and projects using assess-
ments collected under section 1306, earnings obtained from 
assessments, and other income of the Board. 
(2) REQUIREMENTS.—Each contract or agreement shall pro-
vide that any person who enters into the contract or agreement 
with the Board shall— 
(A) develop and submit to the Board a proposed pro-
gram 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 transactions relating 
to the contract or agreement; 
(C) account for funds received and expended in connec-
tion 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 Sec-
retary considers relevant.
H. R. 302—291 
(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 approval 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 information the Secretary 
may request; and 
(C) account for the receipt and disbursement 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 audited 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 division be used to— 
(A) influence legislation, elections, or governmental 
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 preclude— 
(A) the development and recommendation of amend-
ments to the order; 
(B) the communication to appropriate government offi-
cials of information relating to the conduct, implementa-
tion, or results of research, education, and promotion activi-
ties under the order except communications described in 
paragraph (1)(A); or 
(C) any lawful action designed to market concrete 
masonry products directly to a foreign government or polit-
ical 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 5 years after the date of enactment of this Act and 
every 3 years thereafter. 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 research, 
education, and promotion objectives and performance metrics for 
each fiscal year subject to approval by the Secretary.
H. R. 302—292 
(j) BIENNIAL REPORT.—Every 2 years the Board shall prepare 
and make publicly available a comprehensive and detailed report 
that includes an identification and description of all programs and 
projects undertaken by the Board during the previous 2 years 
as well as those planned for the subsequent 2 years and detail 
the allocation or planned allocation of Board resources for each 
such program or project. Such report shall also include— 
(1) the overall financial condition of the Board; 
(2) a summary of the amounts obligated or expended during 
the 2 preceding fiscal years; and 
(3) a description of the extent to which the objectives of 
the Board 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 manufactur-
ers shall— 
(A) maintain records sufficient to ensure compliance 
with the order and regulations; and 
(B) make the records described in subparagraph (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 main-
tained under paragraph (1) shall be maintained for such time 
period as the Secretary may prescribe. 
(3) CONFIDENTIALITY OF INFORMATION.— 
(A) IN GENERAL.—Except as otherwise provided in this 
paragraph, trade secrets and commercial or financial 
information that is privileged or confidential reported to, 
or otherwise obtained by the Board or the Secretary (or 
any representative of the Board or the Secretary) under 
this division shall not be disclosed by any officers, 
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 information rel-
evant; and 
(ii) the information is revealed in a judicial pro-
ceeding or administrative hearing brought at the direc-
tion 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
PUBLICATIONS.—This 
paragraph does not prohibit— 
(i) the issuance of general statements based on 
reports or on information relating to a number of per-
sons subject to an order if the statements do not iden-
tify the information furnished by any person; or 
(ii) the publication, by direction of the Secretary, 
of the name of any person violating 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 officer, employee, or agent 
of the Board who willfully violates this paragraph shall 
be fined not more than $1,000 and imprisoned for not 
more than 1 year, or both.