Concrete Masonry Products Research, Education, and Promotion Act of 2013

Bill: 113-s-429
Sponsor: Sen. Nelson, Bill [D-FL]
Introduced: 2013-02-28 in the Senate
Policy area: Commerce
Subjects: Administrative law and regulatory procedures
Administrative remedies
Building construction
Department of Commerce
Executive agency funding and structure
Judicial review and appeals
Manufacturing
Marketing and advertising
Materials
User charges and fees

Summary:
action_date: 2013-02-28
text: 
Concrete Masonry Products Research, Education, and Promotion Act of 2013 - Directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products (concrete). Requires any such order to provide for the establishment of a Concrete Masonry Products Board, which shall carry out a program of promotion, research, and information regarding concrete products. Requires manufacturers and importers to maintain, and make available, specified records.

 
Requires any such order to provide that assessments shall be paid by concrete manufacturers with respect to concrete manufactured and marketed in the United States. Provides assessment rates. Requires at least 50% of the assessments paid by a manufacturer to be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. Directs the Secretary, during the 60-day period preceding the proposed effective date of an order, to conduct a referendum for order approval among the manufacturers required to pay assessments under the order. Outlines referendum procedures.
 
Provides for petition and review of an order, and order enforcement through U.S. district courts. Authorizes the Secretary to conduct appropriate investigations in order to administer this Act (with power of subpoena). Directs the Secretary to suspend or terminate any order or provision that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum.

action_date: 2014-12-08
text: 
Concrete Masonry Products Research, Education, and Promotion Act of 2013 - (Sec. 4) Directs the Secretary of Commerce to issue orders applicable to manufacturers of concrete masonry products (concrete).
 
 (Sec. 5) Requires any such order to provide for establishment of a Concrete Masonry Products Board to carry out a program of generic promotion, research, and information regarding concrete products.
 
Prohibits the Board from engaging in any action, nor using any funds received under this Act, to: (1) influence legislation or governmental action, or (2) engage in an action that would be a conflict of interest or in advertising that is false or misleading.
 
 Requires an order to require manufacturers to:
 
 
 maintain records sufficient to ensure compliance with it and regulations;
 
submit to the Board any required information to carry out its responsibilities; and 
 
make these records available, during normal business hours, for inspection by Board employees or agents or the Department of Commerce, including any records necessary to verify such information.
 
 
(Sec. 6) Requires any such order to require assessments to be paid by manufacturers with respect to concrete manufactured and marketed in the United States.
 
Establishes an initial assessment rate at $0.01 per concrete masonry unit sold. Grants the Board authority to increase or decrease such rate but limits the change to $0.01 per such unit. Prohibits the rate from exceeding $0.05 per unit and from being changed more than once annually.
 
Authorizes the Board to make specified investments of collected assessments.
 
Requires at least 50% of the assessments (less administrative expenses) paid by a manufacturer to be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer.
 
(Sec. 7) Directs the Secretary, during the 60-day period preceding the proposed effective date of an order, to conduct a referendum for order approval, according to specified procedures, among the manufacturers required to pay assessments under it.
 
(Sec. 8) Prescribes requirements for petition and review of an order, including order enforcement through U.S. district courts. Authorizes the Secretary to assess a civil penalty on any person willfully violating such an order or regulation.
 
(Sec. 10) Authorizes the Secretary to conduct appropriate investigations to administer this Act (with power of subpoena).
 
(Sec. 11) Directs the Secretary to suspend or terminate any order or provision of an order that obstructs or does not tend to effectuate the purposes of this Act, or that is not favored by persons voting in a referendum.
 
(Sec. 16) Prohibits the use of funds appropriated to carry out this Act for the Board's payment of expenses or expenditures in administering the order.


Legislative actions:
action_date: 2014-12-12
text: By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-319.
action_date: 2014-12-12
text: By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-319.
action_date: 2014-12-08
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 617.
action_date: 2014-12-08
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
action_date: 2014-12-08
text: Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
action_date: 2014-04-09
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2013-02-28
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2013-02-28
text: Introduced in Senate