[Congressional Record Volume 162, Number 162 (Monday, November 14, 2016)]
[House]
[Pages H6120-H6126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONCRETE MASONRY PRODUCTS RESEARCH, EDUCATION, AND PROMOTION ACT OF 
                                  2015

  Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 985) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 985

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H6121]]

  


     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Concrete Masonry Products 
     Research, Education, and Promotion Act of 2015''.

     SEC. 2. DECLARATION OF POLICY.

       (a) 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 marketplace; and
       (3) promote the use of concrete masonry products in 
     construction and building.
       (b) 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:
       (1) Block machine.--The term ``block machine'' means a 
     piece of equipment that utilizes vibration and compaction to 
     form concrete masonry products.
       (2) Board.--The term ``Board'' means the Concrete Masonry 
     Products Board established under section 5.
       (3) 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.
       (4) Commerce.--The term ``commerce'' includes interstate, 
     foreign, and intrastate commerce.
       (5) 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.
       (6) 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.
       (7) Conflict of interest.--The term ``conflict of 
     interest'' means, with respect to a member or employee of the 
     Board, a situation in which such member or employee has a 
     direct or indirect financial or other interest in a person 
     that performs a service for, or enters into a contract with, 
     for anything of economic value.
       (8) Department.--The term ``Department'' means the 
     Department of Commerce.
       (9) 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.
       (10) 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.
       (11) Machine cavities.--The term ``machine cavities'' means 
     the cavities with which a block machine could be equipped.
       (12) 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.
       (13) Manufacturer.--The term ``manufacturer'' means any 
     person engaged in the manufacturing of commercial concrete 
     masonry products in the United States.
       (14) 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.
       (15) Order.--The term ``order'' means an order issued under 
     section 4.
       (16) Person.--The term ``person'' means any individual, 
     group of individuals, partnership, corporation, association, 
     cooperative, or any other entity.
       (17) 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.
       (18) 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.
       (19) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (20) 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 the generic research, education, and 
     promotion with regards to concrete masonry products may be--
       (A) proposed 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.
       (2) Publication of proposed order.--If the Secretary 
     determines that a proposed order received in accordance with 
     paragraph (1)(B) is consistent with and will effectuate the 
     purpose of this Act, the Secretary shall publish such 
     proposed order in the Federal Register not later than 90 days 
     after receiving the order, and give not less than 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.--If there is an affirmative vote in a 
     referendum as provided in section 7, the Secretary shall 
     issue the order and such order shall be effective not later 
     than 140 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 education 
     regarding concrete masonry products.
       (B) Membership.--
       (i) Number of members.--The board shall consist of not less 
     than 15 and not more than 25 members.
       (ii) Appointment.--The members of the Board shall be 
     appointed by the Secretary from nominations submitted as 
     provided in the order.
       (iii) Composition.--The Board shall consist of 
     manufacturers. No employee of an industry trade organization 
     exempt from tax under paragraphs (3) or (6) of section 501(c) 
     of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)) 
     representing the concrete masonry industry or related 
     industries shall serve as a member of the Board and no member 
     of the Board may serve concurrently as an officer of the 
     board of directors of a national concrete masonry products 
     industry trade association. Only two individuals from any 
     single company or its affiliates may serve on the Board at 
     any one time.
       (2) Distribution of appointments.--
       (A) 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 range in size of manufacturers in the 
     United States.
       (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 Secretary may make 
     appointments from nominations by manufacturers pursuant to 
     the method set forth in the order.
       (4) Failure to appoint.--If the Secretary fails to make an 
     appointment to the Board within 60 days of receiving 
     nominations for such appointment, the first nominee for such 
     appointment shall be deemed appointed, unless the Secretary 
     provides reasonable justification for the delay to the Board 
     and to Congress and provides a reasonable date by which 
     approval or disapproval will be made.
       (5) 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.

[[Page H6122]]

       (6) 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 an 
     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.
       (7) 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.
       (8) 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, including 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 generic research, education, and promotion 
     programs and projects relating to concrete masonry products, 
     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 to permit the Secretary or the Secretary's 
     representative to attend the meetings.
       (d) Programs and Projects; Budgets; Expenses.--
       (1) Programs and projects.--
       (A) In general.--The order shall require the Board to 
     submit to the Secretary for approval any program or project 
     of research, education, or promotion relating to concrete 
     masonry products.
       (B) Statement required.--Any educational or promotional 
     activity undertaken with funds provided by the Board shall 
     include a statement that such activities were supported in 
     whole or in part by the Board.
       (2) Budgets.--
       (A) Submission.--The order shall require the Board to 
     submit to the Secretary for approval a budget of the 
     anticipated expenses and disbursements of the Board in the 
     implementation of the order, including the projected costs of 
     concrete masonry products research, education, and promotion 
     programs and projects.
       (B) Timing.--The budget shall be submitted before the 
     beginning of a fiscal year and as frequently as may be 
     necessary after the beginning of the fiscal year.
       (C) Approval.--If the Secretary fails to approve or reject 
     a budget within 60 days of receipt, such budget shall be 
     deemed approved, unless the Secretary provides to the Board 
     and to Congress, in writing, reasonable justification for the 
     delay and provides a reasonable date by which approval or 
     disapproval will be made.
       (3) Administrative expenses.--
       (A) Incurring expenses.--The Board may incur the expenses 
     described in paragraph (2) and other expenses for the 
     administration, maintenance, and functioning of the Board as 
     authorized by the Secretary.
       (B) Payment of expenses.--Expenses incurred under 
     subparagraph (A) shall be paid by the Board using 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 by the Board from 
     assessments for all expenses incurred by the Secretary in the 
     implementation, administration, and supervision of the order, 
     including all referenda costs incurred in 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 out 
     generic research, education, and promotion programs and 
     projects relating to concrete masonry products, including 
     contracts and agreements with manufacturer associations or 
     other entities as considered appropriate by the Secretary;
       (B) enter into contracts and agreements for administrative 
     services; and
       (C) pay the cost of approved generic 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 program or 
     project together with a budget that specifies the cost to be 
     incurred to carry out the program or project;
       (B) keep accurate records of all 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 60 days of receipt, the contract or 
     agreement shall be deemed approved, unless the Secretary 
     provides to the Board and to Congress, in writing, reasonable 
     justification for the delay and provides a reasonable date by 
     which approval or disapproval will be made.
       (f) Books and Records of Board.--
       (1) In general.--The order shall require the Board to--
       (A) maintain such books and records (which shall be 
     available to the Secretary for inspection and audit) as the 
     Secretary may require;
       (B) collect and submit to the Secretary, at any time the 
     Secretary may specify, any information the Secretary may 
     request; and
       (C) account for the receipt and disbursement of all funds 
     in the possession, or under the control, of the Board.
       (2) Audits.--The order shall require the Board to have--
       (A) the books and records of the Board audited by an 
     independent auditor at the end of each fiscal year; and
       (B) a report of the audit submitted directly to the 
     Secretary.
       (g) Prohibited Activities.--
       (1) In general.--Subject to paragraph (2), the Board shall 
     not engage in any program or project to, nor shall any funds 
     received by the Board under this Act be used to--
       (A) influence legislation, elections, or governmental 
     action;
       (B) engage in an action that would be a conflict of 
     interest;
       (C) engage in advertising that is false or misleading;
       (D) engage in any promotion, research, or education that 
     would be disparaging to other construction materials; or
       (E) engage in any promotion or project that would benefit 
     any individual manufacturer.
       (2) Exceptions.--Paragraph (1) does not preclude--
       (A) the development and recommendation of 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 except communications described in paragraph 
     (1)(A); or
       (C) any lawful action designed to market concrete masonry 
     products directly to a foreign government or political 
     subdivision of a foreign government.

[[Page H6123]]

       (h) Periodic Evaluation.--The order shall require the Board 
     to provide for the independent evaluation of all research, 
     education, and promotion programs or projects undertaken 
     under the order, beginning five years after the date of 
     enactment of this Act and every three years thereafter. The 
     Board shall submit to the Secretary and make available to the 
     public the results of each such evaluation.
       (i) Objectives.--The Board shall establish annual research, 
     education, and promotion objectives and performance metrics 
     for each fiscal year subject to approval by the Secretary.
       (j) Biennial Report.--Every two years the Board shall 
     prepare and make publicly available a comprehensive and 
     detailed report that includes an identification and 
     description of all programs and projects undertaken by the 
     Board during the previous two years as well as those planned 
     for the subsequent two years and detail the allocation or 
     planned allocation of Board resources for each such program 
     or project. Such report shall also include--
       (1) the Board's overall financial condition;
       (2) a summary of the amounts obligated or expended during 
     the two preceding fiscal years; and
       (3) a description of the extent to which the Board's 
     objectives were met according to the metrics required under 
     subsection (i).
       (k) Books and Records of Persons Covered by Order.--
       (1) In general.--The order shall require that manufacturers 
     shall--
       (A) maintain records sufficient to ensure compliance with 
     the order and regulations; and
       (B) make the records described in subparagraph (A) 
     available, during normal business hours, for inspection by 
     employees or agents of the Board or the Department.
       (2) Time requirement.--Any record required to be 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 
     paragraph, trade secrets and commercial or financial 
     information that is privileged or confidential reported to, 
     or otherwise obtained by the Board or the Secretary (or any 
     representative of the Board or the Secretary) under this Act 
     shall not be disclosed by any officers, employees, and agents 
     of the Department or the Board.
       (B) Suits and hearings.--Information referred to in 
     subparagraph (A) may be disclosed only if--
       (i) the Secretary considers the information 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 officer, employee, or agent of the 
     Department of Commerce or any officer, employee, or agent of 
     the Board who willfully violates this paragraph shall be 
     fined not more than $1,000 and imprisoned for not more than 1 
     year, or both.
       (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 a manufacturer if the manufacturer has 
     manufactured concrete masonry products during a period of at 
     least 180 days prior to the date the assessment is to be 
     remitted.
       (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, the 
     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 programs 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, the 
     District of Columbia, 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 eligible under subsection 
     (b)(2) subject to assessments under 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 majority of manufacturers voting who also 
     represent a majority of the machine cavities in operation of 
     those manufacturers voting 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.
       (2) Eligibility.--For purposes of paragraph (1), a 
     manufacturer shall be considered to be eligible to vote if 
     the manufacturer has manufactured concrete masonry products 
     during a period of at least 180 days prior to the first day 
     of the period during which voting in the referendum will 
     occur.
       (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

[[Page H6124]]

     order, and at 5-year intervals thereafter, at the request of 
     25 percent or more of the total 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 majority of all votes cast in the referendum as 
     provided in subsection (a)(2), 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, programs and 
     projects 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 not less than 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 30 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.
       (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 a majority of all 
     votes cast in the referendum as provided in section 7(a)(2).
       (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. 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. 13. 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. 14. 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. 15. 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.

     SEC. 16. LIMITATIONS ON OBLIGATION OF FUNDS.

       (a) In General.--In each fiscal year of the covered period, 
     the Board may not obligate an amount greater than the sum 
     of--
       (1) 73 percent of the amount of assessments estimated to be 
     collected under section 6 in such fiscal year;
       (2) 73 percent of the amount of assessments actually 
     collected under section 6 in the most recent fiscal year for 
     which an audit report has been submitted under section 
     5(f)(2)(B) as of the beginning of the fiscal year for which 
     the amount that may be obligated is being determined, less 
     the estimate made pursuant to paragraph (1) for such most 
     recent fiscal year; and
       (3) amounts permitted in preceding fiscal years to be 
     obligated pursuant to this subsection that have not been 
     obligated.
       (b) Excess Amounts Deposited in Escrow Account.--
     Assessments collected under section 6 in excess of the amount 
     permitted to be obligated under subsection (a) in a fiscal 
     year shall be deposited in an escrow account for the duration 
     of the covered period.
       (c) Treatment of Amounts in Escrow Account.--During the 
     covered period, the Board may not obligate, expend, or borrow 
     against amounts required under subsection (b) to be deposited 
     in the escrow account. Any interest earned on such amounts 
     shall be deposited in the escrow account and shall be 
     unavailable for obligation for the duration of the covered 
     period.
       (d) Release of Amounts in Escrow Account.--After the 
     covered period, the Board

[[Page H6125]]

     may withdraw and obligate in any fiscal year an amount in the 
     escrow account that does not exceed \1/5\th of the amount in 
     the escrow account on the last day of the covered period.
       (e) Special Rule for Estimates for Particular Fiscal 
     Years.--
       (1) Rule.--For purposes of subsection (a)(1), the amount of 
     assessments estimated to be collected under section 6 in a 
     fiscal year specified in paragraph (2) shall be equal to 62 
     percent of the amount of assessments actually collected under 
     such section in the most recent fiscal year for which an 
     audit report has been submitted under section 5(f)(2)(B) as 
     of the beginning of the fiscal year for which the amount that 
     may be obligated is being determined.
       (2) Fiscal years specified.--The fiscal years specified in 
     this paragraph are the 9th and 10th fiscal years that begin 
     on or after the date of the enactment of this Act.
       (f) Covered Period Defined.--In this section, the term 
     ``covered period'' means the period that begins on the date 
     of the enactment of this Act and ends on the last day of the 
     11th fiscal year that begins on or after such date of 
     enactment.

     SEC. 17. STUDY AND REPORT BY THE GOVERNMENT ACCOUNTABILITY 
                   OFFICE.

       Not later than 5 years and 8 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall prepare a study and submit to Congress and the 
     Secretary a report examining--
       (1) how the Board spends assessments collected;
       (2) the extent to which the Board's reported activities 
     help achieve its annual objectives;
       (3) any changes in demand for concrete masonry products 
     relative to other building materials;
       (4) any impact of the Board's activities on the market 
     share of competing products;
       (5) any impact of the Board's activities on the overall 
     size of the market for building products;
       (6) any impact of the Board's activities on the total 
     number of concrete masonry related jobs, including 
     manufacturing, sales, and installation;
       (7) any significant effects of the Board's activities on 
     downstream purchasers of concrete masonry products and real 
     property into which concrete masonry products are 
     incorporated;
       (8) effects on prices of concrete masonry products as a 
     result of the Board's activities;
       (9) the cost to the federal government of an increase in 
     concrete masonry product prices, if any, as a result of the 
     program established by this Act;
       (10) the extent to which key statutory requirements are 
     met;
       (11) the extent and strength of federal oversight of the 
     program established by this Act;
       (12) the appropriateness of administering the program from 
     within the Office of the Secretary of Commerce and the 
     appropriateness of administering the program from within any 
     division of the Department of Commerce, including whether the 
     Department has the expertise, knowledge, or other 
     capabilities necessary to adequately administer the program; 
     and
       (13) any other topic that the Comptroller General considers 
     appropriate.

     SEC. 18. STUDY AND REPORT BY THE DEPARTMENT OF COMMERCE.

       Not later than 3 years after the date of enactment of this 
     Act, the Secretary shall prepare a study and submit to 
     Congress a report examining the appropriateness and 
     effectiveness of applying the commodity check-off program 
     model (such as those programs established under subchapter II 
     of chapter 101 of title 7, United States Code) to a 
     nonagricultural industry, taking into account the program 
     established by this Act and any other check-off program 
     involving a nonagricultural industry.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Burgess) and the gentlewoman from Illinois (Ms. Schakowsky) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to insert extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.

                              {time}  1500

  Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 985, the Concrete 
Masonry Products Research, Education, and Promotion Act, introduced by 
Mr. Guthrie from Kentucky.
  H.R. 985 enjoys strong support from industry and has nearly 250 
cosponsors. Concrete product manufacturers are local businesses, and 
this promotion program will be run by the industry and will support 
jobs.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 985.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may 
consume.
  I am pleased to join my colleagues in support of H.R. 985, the 
Concrete Masonry Product Research, Education, and Promotion Act, which 
establishes a checkoff program to promote concrete masonry products.
  The bill on the floor today is itself the product of good, bipartisan 
work in the Commerce, Manufacturing, and Trade Subcommittee and the 
full Energy and Commerce Committee.
  During markup, we adopted changes to make sure the checkoff program 
runs efficiently, transparently, and accountably. We took into account 
feedback from the Government Accountability Office based on our 
experience with previous checkoff programs.
  We made the program fair for small manufacturers by giving each 
manufacturer a single vote on the board instead of giving most of the 
influence to the largest manufacturers. We added a study to explore the 
feasibility of checkoff programs for other building materials. We have 
now also ensured that this bill will be budget neutral.
  Thanks to the bipartisan work of the committee to strengthen this 
legislation, we were able to advance the bill by voice vote in 
subcommittee and full committee, and I look forward to passing it on 
the House floor today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Kentucky (Mr. Guthrie), the author of the bill.
  Mr. GUTHRIE. Mr. Speaker, I rise today to urge my colleagues to 
support H.R. 985, the Concrete Masonry Products Research, Education, 
and Promotion Act of 2015, which I was a proud coauthor with 
Congresswoman Kathy Castor.
  Because of the nature of concrete products and the difficulty of 
transporting them, concrete masonry businesses tend to be small, local, 
and deeply entwined in their communities; and virtually every 
congressional district is home to at least one. Often, these small 
businesses do not have the resources needed for research and 
development of safer and more durable products to use in building 
construction.
  H.R. 985 was developed with extensive constituent involvement and is 
before us today because of the widespread support of the industry in 
all corners of the country. We wouldn't be here today if it was not for 
their support and the bipartisan support of 247 cosponsors.
  Two dozen similar industries have benefited from similar programs, 
which allow commodity industries to pool resources for research, 
education, and promotion of their nonbranded products. You may be 
familiar with the ``Got Milk?'' and ``Pork, the Other White Meat'' 
campaigns, the result of commodity checkoff programs. These programs, 
which are enormously helpful to individual industries, require 
congressional approval.
  H.R. 985, however, is different from previous checkoff programs. The 
bill mandates transparency and accountability through many layers of 
auditing and reporting, as well as giving every producer--no matter 
their size--an equal vote in the referendum. We have incorporated a 
number of changes to further improve the bill, including an update from 
CBO that ensures the bill will result in absolutely no cost to 
taxpayers.
  I urge my colleagues to vote in favor of H.R. 985, which will have a 
positive impact in every congressional district.
  Ms. SCHAKOWSKY. Mr. Speaker, I thank the author for explaining so 
clearly what I was not able to explain; that what this bill does is it 
makes the program fairer for small manufacturers. Each one of them has 
a single vote on the board instead of giving most of the influence to 
the largest manufacturers. So that was an important change.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, I yield 2 minutes to the gentleman from 
North Carolina (Mr. Hudson), a member of the Energy and Commerce 
Committee.
  Mr. HUDSON. Mr. Speaker, I rise today in support of H.R. 985, the 
Concrete Masonry Products Research, Education, and Promotion Act, which 
is

[[Page H6126]]

authored by my good friend and colleague, Representative Brett Guthrie 
of Kentucky.
  Mr. Speaker, this bill is the product of years of hard work by 
Members from both sides of the aisle. I am so glad to see it come 
before the House today.
  This legislation presents a unique opportunity for the concrete 
masonry industry to join together for critical research and education. 
Not just that, it also empowers the industry to fairly and effectively 
promote the sale of their products. It will lead to better consumer 
awareness, higher quality and safer building materials, and more jobs.
  The best part is that this legislation comes at no cost to the 
taxpayer. These zero-cost opportunities that empower the private sector 
to come together to do what they do best are just the solutions we need 
to spur job growth and economic development.
  I thank Mr. Guthrie for his tireless work on this bill, and I urge my 
colleagues to support it today.
  Ms. SCHAKOWSKY. Mr. Speaker, I, too, want to thank the bill sponsors, 
Representative Guthrie and Representative Castor, for working with us 
to improve this legislation.
  I am proud to serve as the ranking Democrat on the Commerce, 
Manufacturing, and Trade Subcommittee, which Mr. Burgess is the chair 
of. I also want to thank Chairman Upton and Ranking Member Pallone on 
the full committee and Chairman Burgess who serves with me, as I said, 
on the Commerce, Manufacturing, and Trade Subcommittee.
  This bill is the product of productive negotiations and it reflects 
the hard work of Members and staff to advance legislation through 
bipartisan cooperation.
  I urge all of my colleagues to support H.R. 985.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Georgia (Mr. Carter).
  Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R. 
985, the Concrete Masonry Products Research, Education, and Promotion 
Act of 2015, because this bill makes great strides in promoting and 
supporting the concrete industry to allow for fair market competition.
  By passing this legislation, we will reduce research and education 
costs while ensuring our infrastructure projects benefit from cost-
effective market approaches and additional job growth.
  Our country's most productive times were reflected in a robust 
infrastructure development effort that revolutionized the way we build 
things.
  This bill ensures a forward-leaning approach to concrete masonry 
while doing so without any Federal funding. It creates an environment 
that encourages members of the industry to work together through a 
generic education program, training and safety programs, and promotion 
of the market. This is all done by establishing an assessment rate on 
each concrete masonry unit sold.
  I commend my colleagues on the Energy and Commerce Committee for 
their efforts to better the safety and research done in such a vital 
industry. With this bill, we can move our Nation forward while 
strengthening our workforce and promoting job growth.
  I urge my colleagues to support H.R. 985, and I commend Congressman 
Guthrie on his hard work and diligence.
  Ms. SCHAKOWSKY. Mr. Speaker, I yield back the balance of my time.
  Mr. BURGESS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Byrne). The question is on the motion 
offered by the gentleman from Texas (Mr. Burgess) that the House 
suspend the rules and pass the bill, H.R. 985, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. AMASH. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________