15 USC 8716 - Study and report by the Government Accountability Office

Collapse to view only § 8716. Study and report by the Government Accountability Office

§ 8701. Declaration of policy
§ 8702. Definitions
§ 8703. Issuance of orders
§ 8704. Required terms in orders
§ 8705. Assessments
§ 8706. Referenda
§ 8707. Petition and review
§ 8708. Enforcement
§ 8709. Investigation and power to subpoena
§ 8710. Suspension or termination
§ 8711. Amendments to orders
§ 8712. Effect on other laws
§ 8713. Regulations
§ 8714. Limitation on expenditures for administrative expenses
§ 8715. Limitations on obligation of funds
§ 8716. Study and report by the Government Accountability Office
§ 8717. Study and report by the Department of Commerce

§ 8701. Declaration of policy

(a) Purpose

The purpose of this chapter 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

(Pub. L. 115–254, div. E, § 1302, Oct. 5, 2018, 132 Stat. 3469.)

§ 8702. Definitions

For the purposes of this chapter:

(1) Block machine

(2) Board

(3) Cavity

(4) Concrete masonry products

(5) Concrete masonry unit

The term “concrete masonry unit”—

(A) 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; and

(B) includes concrete block and related concrete units used in masonry applications.

(6) Conflict of interest

(7) Department

(8) Dry-cast concrete

(9) Education

(10) Machine cavities

(11) Machine cavities in operation

(12) Manufacturer

(13) Masonry unit

(14) Order

(15) Person

(16) Promotion

(17) Research

(18) Secretary

(19) United States

(Pub. L. 115–254, div. E, § 1303, Oct. 5, 2018, 132 Stat. 3469.)

§ 8703. Issuance of orders

(a) In general

(1) Issuance

(2) Scope

(3) One order

(b) Procedures

(1) Development or receipt of proposed orderA 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

(3) Issuance of order

(A) In general

(B) Effective date

(Pub. L. 115–254, div. E, § 1304, Oct. 5, 2018, 132 Stat. 3471.)

§ 8704. Required terms in orders

(a) In general

(b) Concrete Masonry Products Board

(1) Establishment and membership

(A) Establishment

(B) Membership

(i) Number of members

(ii) Appointment

(iii) Composition

(2) Distribution of appointments

(A) Representation

(B) Adjustment in Board representation

(3) Nominations process

(4) Failure to appoint

(5) Alternates

(6) Terms

(A) In general

(B) Limitation on consecutive terms

(D) Vacancies

(7) Disqualification from Board service

(8) Compensation

(A) In general

(B) Travel expenses

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 8705 of this title 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 8705 of this title;

(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 representative of the Secretary, to attend the meetings.

(d) Programs and projects; budgets; expenses

(1) Programs and projects

(A) In general

(B) Statement required

(2) Budgets

(A) Submission

(B) Timing

(3) Administrative expenses

(A) Incurring expenses

(B) Payment of expenses

(D) Reimbursement of Secretary

(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 8705 of this title, 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 transactions relating to 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

(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

(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 chapter be used to—

(A) influence legislation, elections, or governmental action;

(B) engage in an action that would be a conflict of interest;

(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.

(h) Periodic evaluation

(i) Objectives

(j) Biennial report

Every 2 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 2 years as well as those planned for the subsequent 2 years and detail the allocation or planned allocation of Board resources for each such program or project. Such report shall also include—

(1) the overall financial condition of the Board;

(2) a summary of the amounts obligated or expended during the 2 preceding fiscal years; and

(3) a description of the extent to which the objectives of the Board 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

(3) Confidentiality of information

(A) In general

(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.

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

(4) Withholding information

(Pub. L. 115–254, div. E, § 1305, Oct. 5, 2018, 132 Stat. 3472.)

§ 8705. Assessments

(a) Assessments

(b) Collection

(1) In general

(2) Timing

(3) Records

With respect to assessment rates, the order shall contain the following terms:

(1) Initial rate

(2) Changes in the rate

(A) Authority to change rate

(B) Limitation on increases

(D) Limitation on frequency of changes

(d) Late-payment and interest charges

(1) In general

(2) Rate

(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

(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

(Pub. L. 115–254, div. E, § 1306, Oct. 5, 2018, 132 Stat. 3478.)

§ 8706. Referenda

(a) Initial referendum

(1) Referendum required

(2) Approval of order needed

(b) Votes permitted

(1) In general

(2) Eligibility

(1) In general

(2) Advance registration

(3) Voting

(4) Notice

(d) Subsequent referenda

If an order is approved in a referendum conducted under subsection (a), the Secretary shall conduct a subsequent referendum—

(1) at the request of the Board, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible manufacturers favor suspension, termination, or continuance of the order; or

(2) effective beginning on the date that is 5 years after the date of the approval of the order, and at 5-year intervals thereafter, at the request of 25 percent or more of the 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

(Pub. L. 115–254, div. E, § 1307, Oct. 5, 2018, 132 Stat. 3479.)

§ 8707. Petition and review

(a) Petition

(1) In general

A person subject to an order issued under this chapter 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

(3) Ruling

(4) Limitation on petition

(b) Review

(1) Commencement of action

(2) Process

(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 of the court, the law requires.

(Pub. L. 115–254, div. E, § 1308, Oct. 5, 2018, 132 Stat. 3480.)

§ 8708. Enforcement

(a) Jurisdiction

(b) Referral to Attorney General

(1) Civil penalties

(2) Separate offense

(3) Cease-and-desist orders

(4) Notice and hearing

(5) Finality

(d) Additional remedies

(Pub. L. 115–254, div. E, § 1309, Oct. 5, 2018, 132 Stat. 3481.)

§ 8709. Investigation and power to subpoena

(a) Investigations

(b) Subpoenas, oaths, and affirmations

(1) Investigations

(2) Administrative hearings

(1) In general

(2) Order

(3) Failure to obey

(4) Process

(Pub. L. 115–254, div. E, § 1310, Oct. 5, 2018, 132 Stat. 3482.)

§ 8710. Suspension or termination

(a) Mandatory suspension or termination

(b) Implementation of suspension or termination

If, as a result of a referendum conducted under section 8706 of this title, 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.

(Pub. L. 115–254, div. E, § 1311, Oct. 5, 2018, 132 Stat. 3482.)

§ 8711. Amendments to orders

The provisions of this chapter applicable to the order shall be applicable to any amendment to the order, except that section 8707 of this title shall not apply to an amendment.

(Pub. L. 115–254, div. E, § 1312, Oct. 5, 2018, 132 Stat. 3483.)

§ 8712. Effect on other laws

This chapter shall not affect or preempt any other Federal or State law authorizing research, education, and promotion relating to concrete masonry products.

(Pub. L. 115–254, div. E, § 1313, Oct. 5, 2018, 132 Stat. 3483.)

§ 8713. Regulations

The Secretary may issue such regulations as may be necessary to carry out this chapter and the power vested in the Secretary under this chapter.

(Pub. L. 115–254, div. E, § 1314, Oct. 5, 2018, 132 Stat. 3483.)

§ 8714. Limitation on expenditures for administrative expenses

Funds appropriated to carry out this chapter may not be used for the payment of the expenses or expenditures of the Board in administering the order.

(Pub. L. 115–254, div. E, § 1315, Oct. 5, 2018, 132 Stat. 3483.)

§ 8715. 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 8705 of this title in such fiscal year;

(2) 73 percent of the amount of assessments actually collected under section 8705 of this title in the most recent fiscal year for which an audit report has been submitted under section 8704(f)(2)(B) of this title 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

(d) Release of amounts in escrow account

(e) Special rule for estimates for particular fiscal years

(1) Rule

(2) Fiscal years specified

(f) Covered period defined

(Pub. L. 115–254, div. E, § 1316, Oct. 5, 2018, 132 Stat. 3483.)

§ 8716. Study and report by the Government Accountability Office

Not later than 5 years after October 5, 2018, the Comptroller General of the United States shall prepare a study, and not later than 8 years after October 5, 2018, the Comptroller General shall submit to Congress and the Secretary a report, examining—

(1) how the Board spends assessments collected;

(2) the extent to which the reported activities of the Board help achieve the annual objectives of the Board;

(3) any changes in demand for concrete masonry products relative to other building materials;

(4) any impact of the activities of the Board on the market share of competing products;

(5) any impact of the activities of the Board on the overall size of the market for building products;

(6) any impact of the activities of the Board on the total number of concrete-masonry-related jobs, including manufacturing, sales, and installation;

(7) any significant effects of the activities of the Board 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 activities of the Board;

(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 chapter;

(10) the extent to which key statutory requirements are met;

(11) the extent and strength of Federal oversight of the program established by this chapter;

(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, 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.

(Pub. L. 115–254, div. E, § 1317, Oct. 5, 2018, 132 Stat. 3484.)

§ 8717. Study and report by the Department of Commerce

Not later than 3 years after October 5, 2018, 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 the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.)) to a nonagricultural industry, taking into account the program established by this chapter and any other check-off program involving a nonagricultural industry.

(Pub. L. 115–254, div. E, § 1318, Oct. 5, 2018, 132 Stat. 3485.)