H. R. 302—297 
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. 
(d) ADDITIONAL REMEDIES.—The remedies provided in this divi-
sion shall be in addition to, and not exclusive of, other remedies 
that may be available. 
SEC. 1310. INVESTIGATION AND POWER TO SUBPOENA. 
(a) INVESTIGATIONS.—The Secretary may conduct such inves-
tigations as the Secretary considers necessary for the effective 
administration of this division, or to determine whether any person 
has engaged or is engaging in any act that constitutes a violation 
of this division or any order or regulation issued under this division. 
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— 
(1) INVESTIGATIONS.—For the purpose of conducting an 
investigation under subsection (a), the Secretary may admin-
ister oaths and affirmations, subpoena witnesses, compel the 
attendance of witnesses, take evidence, and require the produc-
tion of any records that are relevant to the inquiry. The produc-
tion of the records may be required from any place in the 
United States. 
(2) ADMINISTRATIVE
HEARINGS.—For the purpose of an 
administrative hearing held under section 1308(a)(2) or section 
1309(c)(4), the presiding officer 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 attendance of witnesses 
and the production of the records may be required from any 
place in the United States. 
(c) AID OF COURTS.— 
(1) IN GENERAL.—In the case of contumacy by, or refusal 
to obey a subpoena issued under subsection (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 conducts 
business, in order to enforce a subpoena issued under subsection 
(b). 
(2) ORDER.—The court may issue an order requiring 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 sub-
section 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. 1311. 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 effectuate the purpose of this division, or 
if the Secretary determines that the order or a provision of an
H. R. 302—298 
order is not favored by a majority of all votes cast in the referendum 
as provided in section 1307(a)(2). 
(b) IMPLEMENTATION OF SUSPENSION OR TERMINATION.—If, as 
a result of a referendum conducted under section 1307, the Sec-
retary 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 assess-
ments 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. 1312. AMENDMENTS TO ORDERS. 
The provisions of this division applicable to the order shall 
be applicable to any amendment to the order, except that section 
1308 shall not apply to an amendment. 
SEC. 1313. EFFECT ON OTHER LAWS. 
This division shall not affect or preempt any other Federal 
or State law authorizing research, education, and promotion relating 
to concrete masonry products. 
SEC. 1314. REGULATIONS. 
The Secretary may issue such regulations as may be necessary 
to carry out this division and the power vested in the Secretary 
under this division. 
SEC. 1315. LIMITATION ON EXPENDITURES FOR ADMINISTRATIVE 
EXPENSES. 
Funds appropriated to carry out this division may not be used 
for the payment of the expenses or expenditures of the Board 
in administering the order. 
SEC. 1316. LIMITATIONS ON OBLIGATION OF FUNDS. 
(a) IN GENERAL.—In each fiscal year of the covered period, 
the Board may not obligate an amount greater than the sum of— 
(1) 73 percent of the amount of assessments estimated 
to be collected under section 1306 in such fiscal year; 
(2) 73 percent of the amount of assessments actually col-
lected under section 1306 in the most recent fiscal year for 
which an audit report has been submitted under section 
1305(f)(2)(B) as of the beginning of the fiscal year for which 
the amount that may be obligated is being determined, less 
the estimate made pursuant to paragraph (1) for such most 
recent fiscal year; and 
(3) amounts permitted in preceding fiscal years to be obli-
gated pursuant to this subsection that have not been obligated. 
(b) EXCESS AMOUNTS DEPOSITED IN ESCROW ACCOUNT.—Assess-
ments collected under section 1306 in excess of the amount per-
mitted to be obligated under subsection (a) in a fiscal year shall 
be deposited in an escrow account for the duration of the covered 
period. 
(c) TREATMENT OF AMOUNTS IN ESCROW ACCOUNT.—During the 
covered period, the Board may not obligate, expend, or borrow 
against amounts required under subsection (b) to be deposited 
in the escrow account. Any interest earned on such amounts shall 
be deposited in the escrow account and shall be unavailable for 
obligation for the duration of the covered period.
H. R. 302—299 
(d) RELEASE OF AMOUNTS IN ESCROW ACCOUNT.—After the cov-
ered period, the Board may withdraw and obligate in any fiscal 
year an amount in the escrow account that does not exceed 1⁄5 
of the amount in the escrow account on the last day of the covered 
period. 
(e) SPECIAL RULE
FOR ESTIMATES
FOR PARTICULAR FISCAL 
YEARS.— 
(1) RULE.—For purposes of subsection (a)(1), the amount 
of assessments estimated to be collected under section 1306 
in a fiscal year specified in paragraph (2) shall be equal to 
62 percent of the amount of assessments actually collected 
under such section in the most recent fiscal year for which 
an audit report has been submitted under section 1305(f)(2)(B) 
as of the beginning of the fiscal year for which the amount 
that may be obligated is being determined. 
(2) FISCAL YEARS SPECIFIED.—The fiscal years specified in 
this paragraph are the 9th and 10th fiscal years that begin 
on or after the date of enactment of this Act. 
(f) COVERED PERIOD DEFINED.—In this section, the term ‘‘cov-
ered period’’ means the period that begins on the date of enactment 
of this Act and ends on the last day of the 11th fiscal year that 
begins on or after such date of enactment. 
SEC. 1317. STUDY AND REPORT BY THE GOVERNMENT ACCOUNT-
ABILITY OFFICE. 
Not later than 5 years after the date of enactment of this 
Act, the Comptroller General of the United States shall prepare 
a study, and not later than 8 years after the date of enactment 
of this Act, the Comptroller General shall submit to Congress and 
the Secretary a report, examining— 
(1) how the Board spends assessments collected; 
(2) the extent to which the reported activities of the Board 
help achieve the annual objectives of the Board; 
(3) any changes in demand for concrete masonry products 
relative to other building materials; 
(4) any impact of the activities of the Board on the market 
share of competing products; 
(5) any impact of the activities of the Board on the overall 
size of the market for building products; 
(6) any impact of the activities of the Board on the total 
number of concrete-masonry-related jobs, including manufac-
turing, sales, and installation; 
(7) any significant effects of the activities of the Board 
on downstream purchasers of concrete masonry products and 
real property into which concrete masonry products are incor-
porated; 
(8) effects on prices of concrete masonry products as a 
result of the activities of the Board; 
(9) the cost to the Federal Government of an increase 
in concrete masonry product prices, if any, as a result of the 
program established by this division; 
(10) the extent to which key statutory requirements are 
met; 
(11) the extent and strength of Federal oversight of the 
program established by this division;
H. R. 302—300 
(12) the appropriateness of administering the program from 
within the Office of the Secretary of Commerce and the appro-
priateness of administering the program from within any divi-
sion of the Department, including whether the Department 
has the expertise, knowledge, or other capabilities necessary 
to adequately administer the program; and 
(13) any other topic that the Comptroller General considers 
appropriate. 
SEC. 1318. 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 effectiveness of 
applying the commodity check-off program model (such as those 
programs established under the Commodity Promotion, Research, 
and Information Act of 1996 (7 U.S.C. 7411 et seq.)) to a non-
agricultural industry, taking into account the program established 
by this division and any other check-off program involving a non-
agricultural industry. 
DIVISION F—BUILD ACT OF 2018 
SEC. 1401. SHORT TITLE. 
This division may be cited as the ‘‘Better Utilization of Invest-
ments Leading to Development Act of 2018’’ or the ‘‘BUILD Act 
of 2018’’. 
SEC. 1402. DEFINITIONS. 
In this division: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of Representatives. 
(2) LESS DEVELOPED COUNTRY.—The term ‘‘less developed 
country’’ means a country with a low-income economy, lower- 
middle-income economy, or upper-middle-income economy, as 
defined by the International Bank for Reconstruction and 
Development and the International Development Association 
(collectively referred to as the ‘‘World Bank’’). 
(3) PREDECESSOR
AUTHORITY.—The term ‘‘predecessor 
authority’’ means authorities repealed by title VI. 
(4) QUALIFYING SOVEREIGN ENTITY.—The term ‘‘qualifying 
sovereign entity’’ means— 
(A) any agency or instrumentality of a foreign state 
(as defined in section 1603 of title 28, United States Code) 
that has a purpose that is similar to the purpose of the 
Corporation as described in section 1412(b); or 
(B) any international financial institution (as defined 
in section 1701(c) of the International Financial Institutions 
Act (22 U.S.C. 262r(c))).