[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.
____________________