,,ii #aadth ,,congress #b;d ,session ,h4 ,r4 #ihe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjaf,received ,,an ,,act ,to enable concrete masonry products manufacturers to establish1 finance1 and carry out a coordinated program of research1 education1 and promotion to improve1 maintain1 and develop markets for concrete masonry products4 #a4 ,short title ,this ,act may be cited as the ,concrete ,masonry ,products ,research1 ,education1 and ,promotion ,act of #bjae4 #b4 ,declaration of policy 7a7 ,purpose ,the purpose of this ,act is to authorize the establishment of an orderly program for developing1 financing1 and carrying out an effective1 continuous1 and coordinated program of research1 education1 and promotion1 including funds for marketing and market research activities1 that is designed to-- 7#a7 strengthen the position of the concrete masonry products industry in the domestic marketplace2 7#b7 maintain1 develop1 and expand markets and uses for concrete masonry products in the domestic marketplace2 and 7#c7 promote the use of concrete masonry products in construction and building4 7b7 ,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 products4 #c4 ,definitions ,for the purposes of this ,act3 7#a7 ,block machine ,the term block machine means a piece of equipment that utilizes vibration and compaction to form concrete masonry products4 7#b7 ,board ,the term ,board means the ,concrete ,masonry ,products ,board established under section #e4 7#c7 ,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 #h inches by #af inches4 7#d7 ,commerce ,the term commerce includes interstate1 foreign1 and intrastate commerce4 7#e7 ,concrete masonry products ,the term concrete masonry products refers to a broader class of products1 including concrete masonry units as well as hardscape products such as concrete pavers and segmental retaining wall units1 manufactured on a block machine using dry-cast concrete4 7#f7 ,concrete masonry unit ,the term concrete masonry unit means a concrete masonry product that is a manmade masonry unit having an actual width of #c inches or greater and manufactured from dry-cast concrete using a block machine4 ,such term includes concrete block and related concrete units used in masonry applications4 7#g7 ,conflict of interest ,the term conflict of interest means1 with respect to a member or employee of the ,board1 a situation in which such member or employee has a direct or indirect financial or other interest in a person that performs a service for1 or enters into a contract with1 for anything of economic value4 7#h7 ,department ,the term ,department means the ,department of ,commerce4 7#i7 ,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 7including hydraulic cement1 pozzolans1 or other cementitious materials7 and water of such a consistency to maintain its shape after forming in a block machine4 7#aj7 ,education ,the term education means programs that will educate or communicate the benefits of concrete masonry products in safe and environmentally sustainable development1 advancements in concrete masonry product technology and development1 and other information and programs designed to generate increased demand for commercial1 residential1 multi-family1 and institutional projects using concrete masonry products and to generally enhance the image of concrete masonry products4 7#aa7 ,machine cavities ,the term machine cavities means the cavities with which a block machine could be equipped4 7#ab7 ,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 #f months of the date set for determining eligibility and is fully operable and capable of producing concrete masonry units4 7#ac7 ,manufacturer ,the term manufacturer means any person engaged in the manufacturing of commercial concrete masonry products in the ,united ,states4 7#ad7 ,masonry unit ,the term masonry unit means a noncombustible building product intended to be laid by hand or joined using mortar1 grout1 surface bonding1 post-tensioning or some combination of these methods4 7#ae7 ,order ,the term order means an order issued under section #d4 7#af7 ,person ,the term person means any individual1 group of individuals1 partnership1 corporation1 association1 cooperative1 or any other entity4 7#ag7 ,promotion ,the term promotion means any action1 including paid advertising1 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 marketplace4 7#ah7 ,research ,the term research means studies testing the effectiveness of market development and promotion efforts1 studies relating to the improvement of concrete masonry products and new product development1 and studies documenting the performance of concrete masonry4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#bj7 ,united ,states ,the term ,united ,states means the several ,states and the ,district of ,columbia4 #d4 ,issuance of orders 7a7 ,in general 7#a7 ,issuance ,the ,secretary1 subject to the procedures provided in subsection 7b71 shall issue orders under this ,act applicable to manufacturers of concrete masonry products4 7#b7 ,scope ,any order shall be national in scope4 7#c7 ,one order ,not more than one order shall be in effect at any one time4 7b7 ,procedures 7#a7 ,development or receipt of proposed order ,a proposed order with respect to the generic research1 education1 and promotion with regards to concrete masonry products may be-- 7,a7 proposed by the ,secretary at any time2 or 7,b7 requested by or submitted to the ,secretary by-- 7i7 an existing national organization of concrete masonry product manufacturers2 or 7ii7 any person that may be affected by the issuance of an order4 7#b7 ,publication of proposed order ,if the ,secretary determines that a proposed order received in accordance with paragraph 7#a77;,b7 is consistent with and will effectuate the purpose of this ,act1 the ,secretary shall publish such proposed order in the ,federal ,register not later than #ij days after receiving the order1 and give not less than #cj days notice and opportunity for public comment on the proposed order4 7#c7 ,issuance of order 7,a7 ,in general ,after notice and opportunity for public comment are provided in accordance with paragraph 7#b71 the ,secretary shall issue the order1 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 ,act4 7,b7 ,effective date ,if there is an affirmative vote in a referendum as provided in section #g1 the ,secretary shall issue the order and such order shall be effective not later than #adj days after publication of the proposed order4 7c7 ,amendments ,the ,secretary may1 from time to time1 amend an order4 ,the provisions of this ,act applicable to an order shall be applicable to any amendment to an order4 #e4 ,required terms in orders 7a7 ,in general ,any order issued under this ,act shall contain the terms and provisions specified in this section4 7b7 ,concrete ,masonry ,products ,board 7#a7 ,establishment and membership 7,a7 ,establishment ,the order shall provide for the establishment of a ,concrete ,masonry ,products ,board to carry out a program of generic promotion1 research1 and education regarding concrete masonry products4 7,b7 ,membership 7i7 ,number of members ,the board shall consist of not less than #ae and not more than #be members4 7ii7 ,appointment ,the members of the ,board shall be appointed by the ,secretary from nominations submitted as provided in the order4 7iii7 ,composition ,the ,board shall consist of manufacturers4 ,no employee of an industry trade organization exempt from tax under paragraphs 7#c7 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77 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 association4 ,only two individuals from any single company or its affiliates may serve on the ,board at any one time4 7#b7 ,distribution of appointments 7,a7 ,representation ,to ensure fair and equitable representation of the concrete masonry products industry1 the composition of the ,board shall reflect the geographical distribution of the manufacture of concrete masonry products in the ,united ,states1 the types of concrete masonry products manufactured1 and the range in size of manufacturers in the ,united ,states4 7,b7 ,adjustment in board representation ,three years after the assessment of concrete masonry products commences pursuant to an order1 and at the end of each #c-year period thereafter1 the ,board1 subject to the review and approval of the ,secretary1 shall1 if warranted1 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 manufactured4 7#c7 ,nominations ,process ,the ,secretary may make appointments from nominations by manufacturers pursuant to the method set forth in the order4 7#d7 ,failure to appoint ,if the ,secretary fails to make an appointment to the ,board within #fj days of receiving nominations for such appointment1 the first nominee for such appointment shall be deemed appointed1 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 made4 7#e7 ,alternates ,the order shall provide for the selection of alternate members of the ,board by the ,secretary in accordance with procedures specified in the order4 7#f7 ,terms 7,a7 ,in general ,the members and any alternates of the ,board shall each serve for a term of #c years1 except that members and any alternates initially appointed to the ,board shall serve for terms of not more than #b1 #c1 and #d years1 as specified by the order4 7,b7 ,limitation on consecutive terms ,a member or an alternate may serve not more than #b consecutive terms4 7,c7 ,continuation of term ,notwithstanding subparagraph 7,b71 each member or alternate shall continue to serve until a successor is appointed by the ,secretary4 7,d7 ,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 order4 7#g7 ,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 manufacturer1 such member or alternate shall be disqualified from serving on the ,board4 7#h7 ,compensation 7,a7 ,in general ,members and any alternates of the ,board shall serve without compensation4 7,b7 ,travel expenses ,if approved by the ,board1 members or alternates shall be reimbursed for reasonable travel expenses1 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 ,board4 7c7 ,powers and duties of the ,board ,the order shall specify the powers and duties of the ,board1 including the power and duty-- 7#a7 to administer the order in accordance with its terms and conditions and to collect assessments2 7#b7 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 order1 including activities authorized to be carried out under the order2 7#c7 to meet1 organize1 and select from among members of the ,board a chairperson1 other officers1 and committees and subcommittees1 as the ,board determines appropriate2 7#d7 to establish regional organizations or committees to administer regional initiatives2 7#e7 to establish working committees of persons other than ,board members2 7#f7 to employ such persons1 other than the members1 as the board considers necessary1 and to determine the compensation and specify the duties of the persons2 7#g7 to prepare and submit for the approval of the ,secretary1 before the beginning of each fiscal year1 rates of assessment under section #f and an annual budget of the anticipated expenses to be incurred in the administration of the order1 including the probable cost of each promotion1 research1 and information activity proposed to be developed or carried out by the ,board2 7#h7 to borrow funds necessary for the startup expenses of the order2 7#i7 to carry out generic research1 education1 and promotion programs and projects relating to concrete masonry products1 and to pay the costs of such programs and projects with assessments collected under section #f2 7#aj7 subject to subsection 7e71 to enter into contracts or agreements to develop and carry out programs or projects of research1 education1 and promotion relating to concrete masonry products2 7#aa7 to keep minutes1 books1 and records that reflect the actions and transactions of the ,board1 and promptly report minutes of each ,board meeting to the ,secretary2 7#ab7 to receive1 investigate1 and report to the ,secretary complaints of violations of the order2 7#ac7 to furnish the ,secretary with such information as the ,secretary may request2 7#ad7 to recommend to the ,secretary such amendments to the order as the ,board considers appropriate2 and 7#ae7 to provide the ,secretary with advance notice of meetings to permit the ,secretary or the ,secretary's representative to attend the meetings4 7d7 ,programs and projects2 budgets2 expenses 7#a7 ,programs and projects 7,a7 ,in general ,the order shall require the ,board to submit to the ,secretary for approval any program or project of research1 education1 or promotion relating to concrete masonry products4 7,b7 ,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 ,board4 7#b7 ,budgets 7,a7 ,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 order1 including the projected costs of concrete masonry products research1 education1 and promotion programs and projects4 7,b7 ,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 year4 7,c7 ,approval ,if the ,secretary fails to approve or reject a budget within #fj days of receipt1 such budget shall be deemed approved1 unless the ,secretary provides to the ,board and to ,congress1 in writing1 reasonable justification for the delay and provides a reasonable date by which approval or disapproval will be made4 7#c7 ,administrative ,expenses 7,a7 ,incurring expenses ,the ,board may incur the expenses described in paragraph 7#b7 and other expenses for the administration1 maintenance1 and functioning of the ,board as authorized by the ,secretary4 7,b7 ,payment of expenses ,expenses incurred under subparagraph 7,a7 shall be paid by the ,board using assessments collected under section #f1 earnings obtained from assessments1 and other income of the ,board4 ,any funds borrowed by the ,board shall be expended only for startup costs and capital outlays4 7,c7 ,limitation on spending ,for fiscal years beginning #c or more years after the date of the establishment of the ,board1 the ,board may not expend for administration 7except for reimbursement to the ,secretary required under subparagraph 7,d771 maintenance1 and functioning of the ,board in a fiscal year an amount that exceeds #aj percent of the assessment and other income received by the ,board for the fiscal year4 7,d7 ,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 implementation1 administration1 and supervision of the order1 including all referenda costs incurred in connection with the order4 7e7 ,contracts and agreements 7#a7 ,in general ,the order shall provide that1 with the approval of the ,secretary1 the ,board may-- 7,a7 enter into contracts and agreements to carry out generic research1 education1 and promotion programs and projects relating to concrete masonry products1 including contracts and agreements with manufacturer associations or other entities as considered appropriate by the ,secretary2 7,b7 enter into contracts and agreements for administrative services2 and 7,c7 pay the cost of approved generic research1 education1 and promotion programs and projects using assessments collected under section #f1 earnings obtained from assessments1 and other income of the ,board4 7#b7 ,requirements ,each contract or agreement shall provide that any person who enters into the contract or agreement with the ,board shall-- 7,a7 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 project2 7,b7 keep accurate records of all of transactions relating to the contract or agreement2 7,c7 account for funds received and expended in connection with the contract or agreement2 7,d7 make periodic reports to the ,board of activities conducted under the contract or agreement2 and 7,e7 make such other reports as the ,board or the ,secretary considers relevant4 7#c7 ,failure to approve ,if the ,secretary fails to approve or reject a contract or agreement entered into under paragraph 7#a7 within #fj days of receipt1 the contract or agreement shall be deemed approved1 unless the ,secretary provides to the ,board and to ,congress1 in writing1 reasonable justification for the delay and provides a reasonable date by which approval or disapproval will be made4 7f7 ,books and records of ,board 7#a7 ,in general ,the order shall require the ,board to-- 7,a7 maintain such books and records 7which shall be available to the ,secretary for inspection and audit7 as the ,secretary may require2 7,b7 collect and submit to the ,secretary1 at any time the ,secretary may specify1 any information the ,secretary may request2 and 7,c7 account for the receipt and disbursement of all funds in the possession1 or under the control1 of the ,board4 7#b7 ,audits ,the order shall require the ,board to have-- 7,a7 the books and records of the ,board audited by an independent auditor at the end of each fiscal year2 and 7,b7 a report of the audit submitted directly to the ,secretary4 7g7 ,prohibited activities 7#a7 ,in general ,subject to paragraph 7#b71 the ,board shall not engage in any program or project to1 nor shall any funds received by the ,board under this ,act be used to-- 7,a7 influence legislation1 elections1 or governmental action2 7,b7 engage in an action that would be a conflict of interest2 7,c7 engage in advertising that is false or misleading2 7,d7 engage in any promotion1 research1 or education that would be disparaging to other construction materials2 or 7,e7 engage in any promotion or project that would benefit any individual manufacturer4 7#b7 ,exceptions ,paragraph 7#a7 does not preclude-- 7,a7 the development and recommendation of amendments to the order2 7,b7 the communication to appropriate government officials of information relating to the conduct1 implementation1 or results of research1 education1 and promotion activities under the order except communications described in paragraph 7#a77;,a72 or 7,c7 any lawful action designed to market concrete masonry products directly to a foreign government or political subdivision of a foreign government4 7h7 ,periodic evaluation ,the order shall require the ,board to provide for the independent evaluation of all research1 education1 and promotion programs or projects undertaken under the order1 beginning #e years after the date of enactment of this ,act and every #c years thereafter4 ,the ,board shall submit to the ,secretary and make available to the public the results of each such evaluation4 7i7 ,objectives ,the ,board shall establish annual research1 education1 and promotion objectives and performance metrics for each fiscal year subject to approval by the ,secretary4 7j7 ,biennial report ,every #b 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 #b years as well as those planned for the subsequent #b years and detail the allocation or planned allocation of ,board resources for each such program or project4 ,such report shall also include-- 7#a7 the ,board's overall financial condition2 7#b7 a summary of the amounts obligated or expended during the #b preceding fiscal years2 and 7#c7 a description of the extent to which the ,board's objectives were met according to the metrics required under subsection 7i74 7k7 ,books and records of persons covered by order 7#a7 ,in general ,the order shall require that manufacturers shall-- 7,a7 maintain records sufficient to ensure compliance with the order and regulations2 and 7,b7 make the records described in subparagraph 7,a7 available1 during normal business hours1 for inspection by employees or agents of the ,board or the ,department4 7#b7 ,time requirement ,any record required to be maintained under paragraph 7#a7 shall be maintained for such time period as the ,secretary may prescribe4 7#c7 ,confidentiality of information 7,a7 ,in general ,except as otherwise provided in this paragraph1 trade secrets and commercial or financial information that is privileged or confidential reported to1 or otherwise obtained by the ,board or the ,secretary 7or any representative of the ,board or the ,secretary7 under this ,act shall not be disclosed by any officers1 employees1 and agents of the ,department or the ,board4 7,b7 ,suits and hearings ,information referred to in subparagraph 7,a7 may be disclosed only if-- 7i7 the ,secretary considers the information relevant2 and 7ii7 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 party4 7,c7 ,general statements and publications ,this paragraph does not prohibit-- 7i7 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 person2 or 7ii7 the publication1 by direction of the ,secretary1 of the name of any person violating any order and a statement of the particular provisions of the order violated by the person4 7,d7 ,penalty ,any officer1 employee1 or agent of the ,department of ,commerce or any officer1 employee1 or agent of the ,board who willfully violates this paragraph shall be fined not more than #a1jjj and imprisoned for not more than #a year1 or both4 7#d7 ,withholding information ,this subsection does not authorize the withholding of information from ,congress4 #f4 ,assessments 7a7 ,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 #ahj days prior to the date the assessment is to be remitted4 7b7 ,collection 7#a7 ,in general ,assessments required under the order shall be remitted by the manufacturer to the ,board in the manner prescribed by the order4 7#b7 ,timing ,the order shall provide that assessments required under the order shall be remitted to the ,board not less frequently than quarterly4 7#c7 ,records ,as part of the remittance of assessments1 manufacturers shall identify the total amount due in assessments on all sales receipts1 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 order4 7c7 ,assessment rates ,with respect to assessment rates1 the order shall contain the following terms3 7#a7 ,initial rate ,the assessment rate on concrete masonry products shall be #j4ja per concrete masonry unit sold4 7#b7 ,changes in the rate 7,a7 ,authority to change rate ,the ,board shall have the authority to change the assessment rate4 ,a two-thirds majority of voting members of the ,board shall be required to approve a change in the assessment rate4 7,b7 ,limitation on increases ,an increase or decrease in the assessment rate with respect to concrete masonry products may not exceed #j4ja per concrete masonry unit sold4 7,c7 ,maximum rate ,the assessment rate shall not be in excess of #j4je per concrete masonry unit4 7,d7 ,limitation on frequency of changes ,the assessment rate may not be increased or decreased more than once annually4 7d7 ,late-,payment and interest charges 7#a7 ,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 7b74 7#b7 ,rate ,the rate for late-payment and interest charges shall be specified by the ,secretary4 7e7 ,investment of assessments ,pending disbursement of assessments under a budget approved by the ,secretary1 the ,board may invest assessments collected under this section in-- 7#a7 obligations of the ,united ,states or any agency of the ,united ,states2 7#b7 general obligations of any ,state or any political subdivision of a ,state2 7#c7 interest-bearing accounts or certificates of deposit of financial institutions that are members of the ,federal ,reserve ,system2 or 7#d7 obligations fully guaranteed as to principal and interest by the ,united ,states4 7f7 ,assessment funds for ,regional ,initiatives 7#a7 ,in general ,the order shall provide that no less than #ej percent of the assessments 7less administration expenses7 paid by a manufacturer shall be used to support research1 education1 and promotion programs and projects in support of the geographic region of the manufacturer4 7#b7 ,geographic regions ,the order shall provide for the following geographic regions3 7,a7 ,region ,i shall comprise ,connecticut1 ,delaware1 the ,district of ,columbia1 ,maine1 ,maryland1 ,massachusetts1 ,new ,hampshire1 ,new ,jersey1 ,new ,york1 ,pennsylvania1 ,rhode ,island1 ,vermont1 and ,west ,virginia4 7,b7 ,region ,,ii shall comprise ,alabama1 ,florida1 ,georgia1 ,mississippi1 ,north ,carolina1 ,south ,carolina1 ,tennessee1 and ,virginia4 7,c7 ,region ,,iii shall comprise ,illinois1 ,indiana1 ,iowa1 ,kentucky1 ,michigan1 ,minnesota1 ,nebraska1 ,north ,dakota1 ,ohio1 ,south ,dakota1 and ,wisconsin4 7,d7 ,region ,,iv shall comprise ,arizona1 ,arkansas1 ,kansas1 ,louisiana1 ,missouri1 ,new ,mexico1 ,oklahoma1 and ,texas4 7,e7 ,region ,v shall comprise ,alaska1 ,california1 ,colorado1 ,hawaii1 ,idaho1 ,montana1 ,nevada1 ,oregon1 ,utah1 ,washington1 and ,wyoming4 7#c7 ,adjustment of geographic regions ,the order shall provide that the ,secretary may1 upon recommendation of the ,board1 modify the composition of the geographic regions described in paragraph 7#b74 #g4 ,referenda 7a7 ,initial ,referendum 7#a7 ,referendum required ,during the #fj-;day period immediately preceding the proposed effective date of the order issued under section #d1 the ,secretary shall conduct a referendum among manufacturers eligible under subsection 7b77#b7 subject to assessments under section #f4 7#b7 ,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 referendum4 7b7 ,votes permitted 7#a7 ,in general ,each manufacturer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote4 7#b7 ,eligibility ,for purposes of paragraph 7#a71 a manufacturer shall be considered to be eligible to vote if the manufacturer has manufactured concrete masonry products during a period of at least #ahj days prior to the first day of the period during which voting in the referendum will occur4 7c7 ,manner of conducting referenda 7#a7 ,in general ,referenda conducted pursuant to this section shall be conducted in a manner determined by the ,secretary4 7#b7 ,advance registration ,a manufacturer who chooses to vote in any referendum conducted under this section shall register with the ,secretary prior to the voting period1 after receiving notice from the ,secretary concerning the referendum under paragraph 7#d74 7#c7 ,voting ,the ,secretary shall establish procedures for voting in any referendum conducted under this section4 ,the ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential4 7#d7 ,notice ,not later than #cj days before a referendum is conducted under this section with respect to an order1 the ,secretary shall notify all manufacturers1 in such a manner as determined by the ,secretary1 of the period during which voting in the referendum will occur4 ,the notice shall explain any registration and voting procedures established under this subsection4 7d7 ,subsequent referenda ,if an order is approved in a referendum conducted under subsection 7a71 the ,secretary shall conduct a subsequent referendum-- 7#a7 at the request of the ,board1 subject to the voting requirements of subsections 7b7 and 7c71 to ascertain whether eligible manufacturers favor suspension1 termination1 or continuance of the order2 or 7#b7 effective beginning on the date that is #e years after the date of the approval of the order1 and at #e-year intervals thereafter1 at the request of #be percent or more of the total number of persons eligible to vote under subsection 7b74 7e7 ,suspension or termination ,if1 as a result of a referendum conducted under subsection 7d71 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 7a77#b71 the ,secretary shall-- 7#a7 not later than #ahj days after the referendum1 suspend or terminate1 as appropriate1 collection of assessments under the order2 and 7#b7 suspend or terminate1 as appropriate1 programs and projects under the order as soon as practicable and in an orderly manner4 7f7 ,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 referendum4 #h4 ,petition and review 7a7 ,petition 7#a7 ,in general ,a person subject to an order issued under this ,act may file with the ,secretary a petition-- 7,a7 stating that the order1 any provision of the order1 or any obligation imposed in connection with the order1 is not established in accordance with law2 and 7,b7 requesting a modification of the order or an exemption from the order4 7#b7 ,hearing ,the ,secretary shall give the petitioner an opportunity for a hearing on the petition1 in accordance with regulations issued by the ,secretary4 7#c7 ,ruling ,after the hearing1 the ,secretary shall make a ruling on the petition4 ,the ruling shall be final1 subject to review as set forth in subsection 7b74 7#d7 ,limitation on petition ,any petition filed under this subsection challenging an order1 any provision of the order1 or any obligation imposed in connection with the order1 shall be filed not less than #b years after the effective date of the order1 provision1 or obligation subject to challenge in the petition4 7b7 ,review 7#a7 ,commencement of action ,the district courts of the ,united ,states in any district in which a person who is a petitioner under subsection 7a7 resides or conducts business shall have jurisdiction to review the ruling of the ,secretary on the petition of the person1 if a complaint requesting the review is filed no later than #cj days after the date of the entry of the ruling by the ,secretary4 7#b7 ,process ,service of process in proceedings under this subsection shall be conducted in accordance with the ,federal ,rules of ,civil ,procedure4 7#c7 ,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 law1 the court shall remand the matter to the ,secretary with directions-- 7,a7 to make such ruling as the court shall determine to be in accordance with law2 or 7,b7 to take such further action as1 in the opinion the court1 the law requires4 7c7 ,enforcement ,the pendency of proceedings instituted under this section shall not impede1 hinder1 or delay the ,attorney ,general or the ,secretary from obtaining relief under section #i4 #i4 ,enforcement 7a7 ,jurisdiction ,a district court of the ,united ,states shall have jurisdiction to enforce1 and to prevent and restrain any person from violating1 this ,act or an order or regulation issued by the ,secretary under this ,act4 7b7 ,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 action4 7c7 ,civil penalties and orders 7#a7 ,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 #e1jjj for each violation4 7#b7 ,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 offense4 7#c7 ,cease-and-desist orders ,in addition to1 or in lieu of1 a civil penalty1 the ,secretary may issue an order requiring a person to cease and desist from violating the order or regulation4 7#d7 ,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 violation4 7#e7 ,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 ,states4 7d7 ,additional remedies ,the remedies provided in this ,act shall be in addition to1 and not exclusive of1 other remedies that may be available4 #aj4 ,investigation and power to subpoena 7a7 ,investigations ,the ,secretary may conduct such investigations as the ,secretary considers necessary for the effective administration of this ,act1 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 ,act4 7b7 ,subpoenas1 oaths1 and affirmations 7#a7 ,investigations ,for the purpose of conducting an investigation under subsection 7a71 the ,secretary may administer oaths and affirmations1 subpoena witnesses1 compel the attendance of witnesses1 take evidence1 and require the production of any records that are relevant to the inquiry4 ,the production of the records may be required from any place in the ,united ,states4 7#b7 ,administrative hearings ,for the purpose of an administrative hearing held under section #h7;a77#b7 or section #i7;c77#d71 the presiding officer may administer oaths and affirmations1 subpoena witnesses1 compel the attendance of witnesses1 take evidence1 and require the production of any records that are relevant to the inquiry4 ,the attendance of witnesses and the production of the records may be required from any place in the ,united ,states4 7c7 ,aid of courts 7#a7 ,in general ,in the case of contumacy by1 or refusal to obey a subpoena issued under subsection 7b7 to1 any person1 the ,secretary may invoke the aid of any court of the ,united ,states within the jurisdiction of which the investigation or proceeding is conducted1 or where the person resides or conducts business1 in order to enforce a subpoena issued under subsection 7b74 7#b7 ,order ,the court may issue an order requiring the person referred to in paragraph 7#a7 to comply with a subpoena referred to in paragraph 7#a74 7#c7 ,failure to obey ,any failure to obey the order of the court may be punished by the court as a contempt of court4 7#d7 ,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 business1 or wherever the person may be found4 #aa4 ,suspension or termination 7a7 ,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 ,act1 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 #g7;a77#b74 7b7 ,implementation of suspension or termination ,if1 as a result of a referendum conducted under section #g1 the ,secretary determines that the order is not approved1 the ,secretary shall-- 7#a7 not later than #ahj days after making the determination1 suspend or terminate1 as the case may be1 collection of assessments under the order2 and 7#b7 as soon as practicable1 suspend or terminate1 as the case may be1 activities under the order in an orderly manner4 #ab4 ,amendments to orders ,the provisions of this ,act applicable to the order shall be applicable to any amendment to the order1 except that section #h shall not apply to an amendment4 #ac4 ,effect on other laws ,this ,act shall not affect or preempt any other ,federal or ,state law authorizing research1 education1 and promotion relating to concrete masonry products4 #ad4 ,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 ,act4 #ae4 ,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 order4 #af4 ,limitations on obligation of funds 7a7 ,in general ,in each fiscal year of the covered period1 the ,board may not obligate an amount greater than the sum of-- 7#a7 #gc percent of the amount of assessments estimated to be collected under section #f in such fiscal year2 7#b7 #gc percent of the amount of assessments actually collected under section #f in the most recent fiscal year for which an audit report has been submitted under section #e7;f77#b77;,b7 as of the beginning of the fiscal year for which the amount that may be obligated is being determined1 less the estimate made pursuant to paragraph 7#a7 for such most recent fiscal year2 and 7#c7 amounts permitted in preceding fiscal years to be obligated pursuant to this subsection that have not been obligated4 7b7 ,excess amounts deposited in escrow account ,assessments collected under section #f in excess of the amount permitted to be obligated under subsection 7a7 in a fiscal year shall be deposited in an escrow account for the duration of the covered period4 7c7 ,treatment of amounts in escrow account ,during the covered period1 the ,board may not obligate1 expend1 or borrow against amounts required under subsection 7b7 to be deposited in the escrow account4 ,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 period4 7d7 ,release of amounts in escrow account ,after the covered period1 the ,board may withdraw and obligate in any fiscal year an amount in the escrow account that does not exceed #a_/eth of the amount in the escrow account on the last day of the covered period4 7e7 ,special rule for estimates for particular fiscal years 7#a7 ,rule ,for purposes of subsection 7a77#a71 the amount of assessments estimated to be collected under section #f in a fiscal year specified in paragraph 7#b7 shall be equal to #fb 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 #e7;f77#b77;,b7 as of the beginning of the fiscal year for which the amount that may be obligated is being determined4 7#b7 ,fiscal years specified ,the fiscal years specified in this paragraph are the #ith and #ajth fiscal years that begin on or after the date of the enactment of this ,act4 7f7 ,covered period defined ,in this section1 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 #aath fiscal year that begins on or after such date of enactment4 #ag4 ,study and report by the ,government ,accountability ,office ,not later than #e years and #h years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare a study and submit to ,congress and the ,secretary a report examining-- 7#a7 how the ,board spends assessments collected2 7#b7 the extent to which the ,board's reported activities help achieve its annual objectives2 7#c7 any changes in demand for concrete masonry products relative to other building materials2 7#d7 any impact of the ,board's activities on the market share of competing products2 7#e7 any impact of the ,board's activities on the overall size of the market for building products2 7#f7 any impact of the ,board's activities on the total number of concrete masonry related jobs1 including manufacturing1 sales1 and installation2 7#g7 any significant effects of the ,board's activities on downstream purchasers of concrete masonry products and real property into which concrete masonry products are incorporated2 7#h7 effects on prices of concrete masonry products as a result of the ,board's activities2 7#i7 the cost to the federal government of an increase in concrete masonry product prices1 if any1 as a result of the program established by this ,act2 7#aj7 the extent to which key statutory requirements are met2 7#aa7 the extent and strength of federal oversight of the program established by this ,act2 7#ab7 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 ,commerce1 including whether the ,department has the expertise1 knowledge1 or other capabilities necessary to adequately administer the program2 and 7#ac7 any other topic that the ,comptroller ,general considers appropriate4 #ah4 ,study and report by the ,department of ,commerce ,not later than #c years after the date of enactment of this ,act1 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 7such as those programs established under subchapter ,,ii of chapter #aja of title #g1 ,united ,states ,code7 to a nonagricultural industry1 taking into account the program established by this ,act and any other check-off program involving a nonagricultural industry4 ,passed the ,house of ,representatives ,november #ad1 #bjaf4,karen ,l4 ,haas1,clerk