H. R. 302—285 
(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 1305. 
(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) 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. 
(5) CONCRETE MASONRY UNIT.—The term ‘‘concrete masonry 
unit’’— 
(A) means a concrete masonry product that is a man-
made 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.—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. 
(7) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Commerce. 
(8) 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 mix-
ture 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. 
(9) 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 tech-
nology and development, and other information and programs 
designed to generate increased demand for commercial, residen-
tial, multifamily, and institutional projects using concrete 
masonry products and to generally enhance the image of con-
crete masonry products. 
(10) MACHINE
CAVITIES.—The term ‘‘machine cavities’’ 
means the cavities with which a block machine could be 
equipped. 
(11) 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 con-
crete masonry units.
H. R. 302—286 
(12) MANUFACTURER.—The term ‘‘manufacturer’’ means any 
person engaged in the manufacturing of commercial concrete 
masonry products in the United States. 
(13) 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. 
(14) ORDER.—The term ‘‘order’’ means an order issued 
under section 1304. 
(15) PERSON.—The term ‘‘person’’ means any individual, 
group of individuals, partnership, corporation, association, 
cooperative, or any other entity. 
(16) PROMOTION.—The term ‘‘promotion’’ means any action, 
including paid advertising, to advance the image and desir-
ability of concrete masonry products with the express intent 
of improving the competitive position and stimulating sales 
of concrete masonry products in the marketplace. 
(17) RESEARCH.—The term ‘‘research’’ means studies testing 
the effectiveness of market development and promotion efforts, 
studies relating to the improvement of concrete masonry prod-
ucts and new product development, and studies documenting 
the performance of concrete masonry. 
(18) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Commerce. 
(19) UNITED STATES.—The term ‘‘United States’’ means the 
several States and the District of Columbia. 
SEC. 1304. ISSUANCE OF ORDERS. 
(a) IN GENERAL.— 
(1) ISSUANCE.—The Secretary, subject to the procedures 
provided in subsection (b), shall issue orders under this division 
applicable to manufacturers of concrete masonry products. 
(2) SCOPE.—Any order shall be national in scope. 
(3) ONE ORDER.—Not more than 1 order shall be in effect 
at any one time. 
(b) PROCEDURES.— 
(1) DEVELOPMENT OR RECEIPT OF PROPOSED ORDER.—A pro-
posed 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 division, the Secretary shall publish such pro-
posed 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
H. R. 302—287 
(2), the Secretary shall issue the order, taking into consider-
ation the comments received and including in the order 
such provisions as are necessary to ensure that the order 
is in conformity with this division. 
(B) EFFECTIVE DATE.—If there is an affirmative vote 
in a referendum as provided in section 1307, 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 division applicable to an 
order shall be applicable to any amendment to an order. 
SEC. 1305. REQUIRED TERMS IN ORDERS. 
(a) IN GENERAL.—Any order issued under this division 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 fewer 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 paragraph (3) or 
(6) of section 501(c) of the Internal Revenue Code of 
1986 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 2 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 prod-
ucts in the United States, the types of concrete masonry 
products manufactured, and the range in size of manufac-
turers 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, rec-
ommend to the Secretary the reapportionment of the Board 
membership to reflect changes in the geographical distribu-
tion of the manufacture of concrete masonry products and 
the types of concrete masonry products manufactured.
H. R. 302—288 
(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 accord-
ance with procedures specified in the order. 
(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 expira-
tion 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 manu-
facturer, 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;