[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3395 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3395

  To enable concrete masonry products manufacturers and importers 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

                            November 4, 2011

  Mr. Shimkus (for himself and Ms. Baldwin) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To enable concrete masonry products manufacturers and importers 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 2011''.

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 Nation's economy.
            (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 
        Nation.
            (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. Concrete masonry products are used for the construction 
        of structures that protect and provide shelter for citizens 
        during disasters (earthquakes, floods, hurricanes, tornados, 
        fire, etc.). Concrete masonry structures provide energy 
        efficiencies to reduce American energy demands. Concrete 
        masonry provides for durable structures that support 
        sustainability objectives, reducing long-term demands on 
        natural resources. Concrete masonry products are made using 
        locally available resources throughout the United States, 
        reducing transportation and infrastructure demands. 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 or import 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) Customs.--The term ``Customs'' means United States Customs and 
Border Protection.
    (h) Department.--The term ``Department'' means the Department of 
Commerce.
    (i) 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.
    (j) 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.
    (k) Importer.--The term ``importer'' means a person that imports 
concrete masonry products into the United States.
    (l) Machine Cavities.--The term ``machine cavities'' 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 cavities 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 bonding, post-tensioning or some combination of these 
methods.
    (o) Manufacturer.--The term ``manufacturer'' means any person 
engaged in the manufacturing of commercial concrete masonry products.
    (p) Order.--The term ``order'' means an order issued under section 
4.
    (q) Person.--The term ``person'' means any individual, group of 
individuals, partnership, corporation, association, 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 express intent of improving the competitive 
position and stimulating sales of concrete masonry products in the 
marketplace.
    (s) 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.
    (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.

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--
                    (A) manufacturers of concrete masonry products; and
                    (B) importers of concrete masonry products, 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 Secretary by--
                            (i) an existing national organization of 
                        concrete masonry product manufacturers or 
                        importers; 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), 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 
                (referred to in this Act as the ``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. If imports of concrete 
                        masonry products are subject to 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 geographical 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 representation.--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 
                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, the types of 
                concrete masonry products manufactured, 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 appointment 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 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 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.--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 or importer ceases to qualify as a 
        manufacturer or importer, respectively, 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 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 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 
        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 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.--
            (1) Manufacturers.--The order shall provide that 
        assessments shall be paid by manufacturers with respect to 
        concrete masonry products manufactured and marketed in the 
        United States.
            (2) Importers.--The order may provide that assessments 
        shall be paid by importers with respect 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 importer 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 assessments 
        required under the order shall be remitted to the Board no less 
        than quarterly.
            (4) 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 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 determines that the order has 
        been approved by a simple majority of all votes cast in the 
        referendum.
    (b) Votes Permitted.--
            (1) Manufacturers.--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 (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 eligibility 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 manufactured 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 pursuant 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 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 and importers, 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 and importers 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 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 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>