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.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1563 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1563
To enable concrete masonry products manufacturers to establish,
finance, and carry out a coordinated program of research, education,
and promotion to improve, maintain, and develop markets for concrete
masonry products.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2013
Mr. Guthrie (for himself and Ms. Castor of Florida) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To enable concrete masonry products manufacturers to establish,
finance, and carry out a coordinated program of research, education,
and promotion to improve, maintain, and develop markets for concrete
masonry products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Concrete Masonry Products Research,
Education, and Promotion Act of 2013''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress finds the following:
(1) The production of concrete masonry products plays a
significant role in the economy of the United States.
(2) Concrete masonry products are produced by hundreds of
concrete manufacturers and utilized throughout the United
States and foreign countries.
(3) Concrete masonry products move in the channels of
interstate and foreign commerce, and concrete masonry products
that do not move in such channels of commerce directly burden
or affect interstate commerce of concrete masonry products.
(4) The concrete masonry products industry employs
thousands of workers and positively impacts economic stability
throughout the United States.
(5) The maintenance and expansion of existing markets for
concrete masonry products and the development of new markets is
vital to the welfare of concrete manufacturers in the United
States and those concerned with marketing and using concrete
masonry products as well as the general economic welfare of the
United States.
(6) The concrete masonry products industry plays a vital
role in providing safe, environmentally sustainable, and
economical construction for citizens of the United States and
abroad.
(7) Concrete masonry products are used for the construction
of structures that protect and provide shelter for citizens
during disasters (earthquakes, floods, hurricanes, tornados,
fire, et cetera).
(8) Concrete masonry structures provide energy efficiencies
to reduce American energy demands.
(9) Concrete masonry provides for durable structures that
support sustainability objectives, reducing long-term demands
on natural resources.
(10) Concrete masonry products are made using locally
available resources throughout the United States, reducing
transportation and infrastructure demands.
(11) Concrete masonry products are used to support the
construction of durable and cost-efficient, low-income housing.
(b) Purpose.--The purpose of this Act is to authorize the
establishment of an orderly program for developing, financing, and
carrying out an effective, continuous, and coordinated program of
research, education, and promotion, including funds for marketing and
market research activities, that is designed to--
(1) strengthen the position of the concrete masonry
products industry in the domestic marketplace;
(2) maintain, develop, and expand markets and uses for
concrete masonry products in the domestic and foreign
marketplaces; and
(3) promote the use of concrete masonry products in
environmentally sustainable construction and building.
(c) Limitation.--Nothing in this Act may be construed to provide
for the control of production or otherwise limit the right of any
person to manufacture concrete masonry products.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(a) Block Machine.--The term ``block machine'' means a piece of
equipment that utilizes vibration and compaction to form concrete
masonry products.
(b) Board.--The term ``Board'' means the Concrete Masonry Products
Board established under section 5.
(c) Cavity.--The term ``cavity'' means the open space in the mold
of a block machine capable of forming a single concrete masonry unit
having nominal plan dimensions of 8 inches by 16 inches.
(d) Commerce.--The term ``commerce'' includes interstate, foreign,
and intrastate commerce.
(e) Concrete Masonry Products.--The term ``concrete masonry
products'' refers to a broader class of products, including concrete
masonry units as well as hardscape products such as concrete pavers and
segmental retaining wall units, manufactured on a block machine using
dry-cast concrete.
(f) Concrete Masonry Unit.--The term ``concrete masonry unit''
means a concrete masonry product that is a manmade masonry unit having
an actual width of 3 inches or greater and manufactured from dry-cast
concrete using a block machine. Such term includes concrete block and
related concrete units used in masonry applications.
(g) Department.--The term ``Department'' means the Department of
Commerce.
(h) Dry-Cast Concrete.--The term ``dry-cast concrete'' means a
composite material that is composed essentially of aggregates embedded
in a binding medium composed of a mixture of cementitious materials
(including hydraulic cement, pozzolans, or other cementitious
materials) and water of such a consistency to maintain its shape after
forming in a block machine.
(i) Education.--The term ``education'' means programs that will
educate or communicate the benefits of concrete masonry products in
safe and environmentally sustainable development, advancements in
concrete masonry product technology and development, and other
information and programs designed to generate increased demand for
commercial, residential, multi-family, and institutional projects using
concrete masonry products and to generally enhance the image of
concrete masonry products.
(j) Machine Cavities.--The term ``machine cavities'' means the
cavities with which a block machine could be equipped.
(k) Machine Cavities in Operation.--The term ``machine cavities in
operation'' means those machine cavities associated with a block
machine that have produced concrete masonry units within the last 6
months of the date set for determining eligibility and is fully
operable and capable of producing concrete masonry units.
(l) Masonry Unit.--The term ``masonry unit'' means a noncombustible
building product intended to be laid by hand or joined using mortar,
grout, surface bonding, post-tensioning or some combination of these
methods.
(m) Manufacturer.--The term ``manufacturer'' means any person
engaged in the manufacturing of commercial concrete masonry products.
(n) Order.--The term ``order'' means an order issued under section
4.
(o) Person.--The term ``person'' means any individual, group of
individuals, partnership, corporation, association, cooperative, or any
other entity.
(p) Promotion.--The term ``promotion'' means any action, including
paid advertising, to advance the image and desirability of concrete
masonry products with the express intent of improving the competitive
position and stimulating sales of concrete masonry products in the
marketplace.
(q) Research.--The term ``research'' means studies testing the
effectiveness of market development and promotion efforts, studies
relating to the improvement of concrete masonry products and new
product development, and studies documenting the performance of
concrete masonry.
(r) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(s) United States.--The term ``United States'' means the several
States and the District of Columbia.
SEC. 4. ISSUANCE OF ORDERS.
(a) In General.--
(1) Issuance.--The Secretary, subject to the procedures
provided in subsection (b), shall issue orders under this Act
applicable to manufacturers of concrete masonry products.
(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 Secretary by--
(i) an existing national organization of
concrete masonry product manufacturers; or
(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) of paragraph (1), the
Secretary shall publish a proposed 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 opportunity for
public comment are provided in accordance 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 affirmative 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 applicable 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 section.
(b) Concrete Masonry Products Board.--
(1) Establishment and membership.--
(A) Establishment.--The order shall provide for the
establishment of a Concrete Masonry Products Board to
carry out a program of generic promotion, research, and
information regarding 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 Secretary from
nominations submitted as provided in this
subsection.
(iii) Composition.--The Board shall consist
of manufacturers.
(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 geographical distribution of the
manufacture of concrete masonry products in the United
States and the types of concrete masonry products
manufactured.
(B) Adjustment in board representation.--Three
years after the assessment of concrete masonry products
commences pursuant to an order, and at the end of each
3-year period thereafter, the Board, subject to the
review and approval of the Secretary, shall, if
warranted, recommend to the Secretary the
reapportionment of the Board membership to reflect
changes in the geographical distribution of the
manufacture of concrete masonry products and the types
of concrete masonry products manufactured.
(3) Nominations process.--The order shall provide the
following:
(A) Number of nominations.--Two nominees shall be
submitted for each appointment to the Board.
(B) Procedure.--Nominations for each appointment of
a manufacturer shall be made by manufacturers in
accordance with procedures specified in the order.
(C) Failure to nominate.--In any case in which
manufacturers 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 Secretary 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.
(4) Alternates.--The order shall provide for the selection
of alternate members of the Board by the Secretary in
accordance with procedures specified in the order.
(5) Terms.--
(A) In general.--The members and any alternates of
the Board shall each serve for a term of 3 years,
except that members and any alternates initially
appointed to the Board shall serve for terms of not
more than 2, 3, and 4 years, as specified by the order.
(B) Limitation on consecutive terms.--A member or
alternate may serve not more than 2 consecutive terms.
(C) Continuation of term.--Notwithstanding
subparagraph (B), each member or alternate 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 incumbent member
or alternate of the Board shall be filled in a manner
provided for in the order.
(6) Disqualification from board service.--The order shall
provide that if a member or alternate of the Board who was
appointed as a manufacturer ceases to qualify as a
manufacturer, such member or alternate shall be disqualified
from serving on the Board.
(7) Compensation.--
(A) In general.--Members and any alternates of the
Board shall serve without compensation.
(B) Travel expenses.--If approved by the Board,
members or alternates shall be reimbursed for
reasonable travel expenses, which may include per diem
allowance or actual subsistence 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 activities authorized to be carried out under
the order;
(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 committees 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 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 research, education, and promotion
programs and projects, and to pay the costs of such programs
and projects with assessments collected under section 6;
(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.
(d) Programs and Projects; Budgets; Expenses.--
(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 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 30 days of receipt, 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 borrowed 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 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 from
assessments for all expenses incurred by the Secretary
in the implementation, 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, 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, education,
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 agreement 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 transactions
relating to the contract or agreement;
(C) account for funds received and expended 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.--
(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 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 preclude--
(A) the development and recommendation of
amendments to the order;
(B) the communication to appropriate government
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 government or political
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 activities undertaken under the order.
(i) Books and Records of Persons Covered by Order.--
(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 responsibilities; and
(C) make the records described in subparagraph (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 maintained 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 Department and of the Board.
(B) Suits and hearings.--Information referred to in
subparagraph (A) may be disclosed only if--
(i) the Secretary considers the information
relevant; and
(ii) the information is revealed in a
judicial proceeding or administrative hearing
brought at the direction 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 persons subject to an order if the
statements do not identify 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 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 subsection does not
authorize the withholding of information from Congress.
SEC. 6. ASSESSMENTS.
(a) Assessments.--The order shall provide that assessments 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 assessments
required under the order shall be remitted to the Board not
less frequently than quarterly.
(3) Records.--As part of the remittance of assessments,
manufacturers shall identify the total amount due in
assessments on all sales receipts, invoices 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
compliance with the order.
(c) Assessment Rates.--With respect to assessment rates, the order
shall contain the following terms:
(1) Initial rate.--The assessment rate on concrete masonry
products shall be $0.01 per concrete 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 approve a change in the assessment rate.
(B) Limitation on increases.--An increase 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 increased 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).
(2) Rate.--The rate for late-payment and interest charges
shall be specified by the Secretary.
(e) Investment of Assessments.--Pending disbursement 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 political
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 Initiatives.--
(1) In general.--The order shall provide that no less than
50 percent of the assessments (less administration expenses)
paid by a manufacturer shall be used to support research,
education, and promotion plans and projects in support of the
geographic region of the manufacturer.
(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, Pennsylvania, Rhode Island, Vermont,
and West Virginia.
(B) Region II shall comprise Alabama, Florida,
Georgia, Mississippi, North Carolina, South Carolina,
Tennessee, and Virginia.
(C) Region III shall comprise Illinois, Indiana,
Iowa, Kentucky, Michigan, Minnesota, Nebraska, North
Dakota, Ohio, South Dakota, and Wisconsin.
(D) Region IV shall comprise Arizona, Arkansas,
Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and
Texas.
(E) Region V shall comprise Alaska, California,
Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah,
Washington, and Wyoming.
(3) Adjustment of geographic regions.--The order shall
provide that the Secretary may, upon recommendation of the
Board, modify the composition of the geographic regions
described in paragraph (2).
SEC. 7. REFERENDA.
(a) Initial Referendum.--
(1) Referendum required.--During the 60-day period
immediately preceding the proposed effective date of the order
issued under section 4, the Secretary shall conduct a
referendum among manufacturers 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 determines 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 manufacturer 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 products during a
period of at least 180 days prior to the referendum.
(c) Manner of Conducting Referenda.--
(1) In general.--Referenda conducted pursuant 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 procedures 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 respect to an order, the
Secretary shall notify all manufacturers, 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.
(d) Subsequent Referenda.--If an order is approved 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 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 Secretary 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 referendum, suspend
or terminate, as appropriate, collection of assessments under
the order; and
(2) suspend or terminate, as appropriate, activities 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 conducted under this section shall
reimburse the Secretary from assessments for any expenses incurred by
the Secretary 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 connection with the
order, is not established in accordance with law; and
(B) requesting a modification of the order or an
exemption from the order.
(2) Hearing.--The Secretary shall give the petitioner an
opportunity for a hearing on the petition, in accordance with
regulations issued by the Secretary.
(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 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) resides 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 proceedings under this
subsection shall be conducted in accordance with the Federal
Rules of Civil Procedure.
(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.
(c) Enforcement.--The pendency of proceedings instituted under this
section shall not impede, hinder, or delay the Attorney General or the
Secretary from obtaining 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 action 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 Secretary under this Act may
be assessed by the Secretary 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 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 Secretary provides notice and an
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, 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.
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 conducting an
investigation under subsection (a), the Secretary may
administer oaths and affirmations, subpoena witnesses, compel
the attendance of witnesses, 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 purpose of an
administrative hearing held under section 8(a)(2) or section
9(c)(4), the presiding officer may administer oaths and
affirmations, subpoena witnesses, compel the attendance of
witnesses, 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
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 effectuate the purpose of this Act, or if the
Secretary determines that the order or a provision of an order is not
favored by persons voting in a referendum conducted under section 7.
(b) Implementation of Suspension or Termination.--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 terminate, 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.
SEC. 14. EFFECT ON OTHER LAWS.
This Act shall not affect or preempt any other Federal or State law
authorizing research, education, and promotion 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 ADMINISTRATIVE 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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