(2) maintain, develop, and expand markets and 
uses for concrete masonry products in the domestic 
and foreign marketplaces; and 
(3) promote the use of concrete masonry prod-
ucts in environmentally sustainable construction and 
building. 
(c) LIMITATION.—Nothing in this Act may be con-
strued to provide for the control of production or otherwise 
limit the right of any person to manufacture concrete ma-
sonry products. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act: 
(1) BLOCK
MACHINE.—The term ‘‘block ma-
chine’’ means a piece of equipment that utilizes vi-
bration 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’’ in-
cludes interstate, foreign, and intrastate commerce. 
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(5) 
CONCRETE
MASONRY
PRODUCTS.—The 
term ‘‘concrete masonry products’’ refers to a broad-
er class of products, including concrete masonry 
units as well as hardscape products such as concrete 
pavers and segmental retaining wall units, manufac-
tured 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 manufac-
tured from dry-cast concrete using a block machine. 
Such term includes concrete block and related con-
crete units used in masonry applications. 
(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 com-
posed essentially of aggregates embedded in a bind-
ing 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. 
(9) EDUCATION.—The term ‘‘education’’ means 
programs that will educate or communicate the ben-
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efits of concrete masonry products in safe and envi-
ronmentally sustainable development, advancements 
in concrete masonry product technology and develop-
ment, and other information and programs designed 
to generate increased demand for commercial, resi-
dential, multi-family, and institutional projects using 
concrete masonry products and to generally enhance 
the image of concrete masonry products. 
(10) MACHINE CAVITIES.—The term ‘‘machine 
cavities’’ means the cavities with which a block ma-
chine 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 eli-
gibility and is fully operable and capable of pro-
ducing concrete masonry units. 
(12) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person engaged in the manufac-
turing of commercial concrete masonry products. 
(13) MASONRY
UNIT.—The term ‘‘masonry 
unit’’ means a noncombustible building product in-
tended to be laid by hand or joined using mortar, 
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grout, surface bonding, post-tensioning or some com-
bination of these methods. 
(14) ORDER.—The term ‘‘order’’ means an 
order issued under section 4. 
(15) PERSON.—The term ‘‘person’’ means any 
individual, group of individuals, partnership, cor-
poration, association, cooperative, or any other enti-
ty. 
(16) 
PROMOTION.—The 
term 
‘‘promotion’’ 
means any action, including paid advertising, to ad-
vance the image and desirability of concrete masonry 
products with the express intent of improving the 
competitive position and stimulating sales of con-
crete masonry products in the marketplace. 
(17) RESEARCH.—The term ‘‘research’’ means 
studies testing the effectiveness of market develop-
ment and promotion efforts, studies relating to the 
improvement of concrete masonry products and new 
product development, and studies documenting the 
performance of concrete masonry. 
(18) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(19) UNITED
STATES.—The term ‘‘United 
States’’ means the several States and the District of 
Columbia. 
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SEC. 4. ISSUANCE OF ORDERS. 
(a) IN GENERAL.— 
(1) ISSUANCE.—The Secretary, subject to the 
procedures provided in subsection (b), shall issue or-
ders 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 concrete 
masonry products may be— 
(A) prepared by the Secretary at any time; 
or 
(B) requested by or submitted to the Sec-
retary 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 with respect to 
concrete masonry products. 
(2) PUBLICATION OF PROPOSED ORDER.—Not 
later than 60 days after receiving a proposed order 
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or a request for a proposed order in accordance with 
subparagraph (B) of paragraph (1), the Secretary 
shall publish a proposed order in the Federal Reg-
ister and give 30 days notice and opportunity for 
public comment on the proposed order. 
(3) ISSUANCE OF ORDER.— 
(A) IN GENERAL.—After notice and oppor-
tunity for public comment are provided in ac-
cordance 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.—The order shall be 
issued and become effective only after an af-
firmative vote in a referendum as provided in 
section 7, but not later than 120 days after 
publication of the proposed order. 
(c) AMENDMENTS.—The Secretary may, from time to 
time, amend an order. The provisions of this Act applica-
ble to an order shall be applicable to any amendment to 
an order. 
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SEC. 5. REQUIRED TERMS IN ORDERS. 
(a) IN GENERAL.—Any order issued under this Act 
shall contain the terms and provisions specified in this sec-
tion. 
(b) CONCRETE MASONRY PRODUCTS BOARD.— 
(1) ESTABLISHMENT AND MEMBERSHIP.— 
(A) ESTABLISHMENT.—The order shall 
provide for the establishment of a Concrete Ma-
sonry Products Board to carry out a program 
of generic promotion, research, and information 
regarding concrete masonry products. 
(B) MEMBERSHIP.— 
(i) 
NUMBER
OF
MEMBERS.—The 
board shall consist of not more than 25 
members. 
(ii) APPOINTMENT.—The members of 
the Board shall be appointed by the Sec-
retary from nominations submitted as pro-
vided in this subsection. 
(iii) COMPOSITION.—The Board shall 
consist of manufacturers. 
(2) DISTRIBUTION OF APPOINTMENTS.— 
(A) GEOGRAPHICAL
REPRESENTATION.— 
To ensure fair and equitable representation of 
the concrete masonry products industry, the 
composition of the Board shall reflect the geo-
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graphical distribution of the manufacture of 
concrete masonry products in the United States 
and the types of concrete masonry products 
manufactured. 
(B) ADJUSTMENT IN BOARD REPRESENTA-
TION.—Three years after the assessment of 
concrete masonry products commences pursuant 
to an order, and at the end of each 3-year pe-
riod thereafter, the Board, subject to the review 
and approval of the Secretary, shall, if war-
ranted, recommend to the Secretary the re-
apportionment of the Board membership to re-
flect changes in the geographical distribution of 
the manufacture of concrete masonry products 
and the types of concrete masonry products 
manufactured. 
(3) NOMINATIONS PROCESS.—The order shall 
provide the following: 
(A) NUMBER
OF
NOMINATIONS.—Two 
nominees shall be submitted for each appoint-
ment to the Board. 
(B) PROCEDURE.—Nominations for each 
appointment of a manufacturer shall be made 
by manufacturers in accordance with proce-
dures specified in the order. 
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(C) FAILURE TO NOMINATE.—In any case 
in which manufacturers fail to nominate indi-
viduals for an appointment to the Board, the 
Secretary may appoint an individual to fill the 
vacancy on a basis provided in the order or 
other regulations of the Secretary. 
(D) FAILURE
TO
APPOINT.—If the Sec-
retary fails to make an appointment to the 
Board within 30 days of receiving nominations 
for such appointment, the first nominee for 
such appointment shall be deemed appointed. 
(4) ALTERNATES.—The order shall provide for 
the selection of alternate members of the Board by 
the Secretary in accordance with procedures speci-
fied in the order. 
(5) 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. 
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(C) CONTINUATION
OF
TERM.—Notwith-
standing subparagraph (B), each member or al-
ternate 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 incum-
bent member or alternate of the Board shall be 
filled in a manner provided for in the order. 
(6) DISQUALIFICATION
FROM
BOARD
SERV-
ICE.—The order shall provide that if a member or 
alternate of the Board who was appointed as a man-
ufacturer ceases to qualify as a manufacturer, such 
member or alternate shall be disqualified from serv-
ing on the Board. 
(7) COMPENSATION.— 
(A) IN GENERAL.—Members and any al-
ternates of the Board shall serve without com-
pensation. 
(B) TRAVEL EXPENSES.—If approved by 
the Board, members or alternates shall be reim-
bursed for reasonable travel expenses, which 
may include per diem allowance or actual sub-
sistence incurred while away from their homes 
or regular places of business in the performance 
of services for the Board. 
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(c) POWERS
AND DUTIES
OF
THE BOARD.—The 
order shall specify the powers and duties of the Board, 
which shall include 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 ac-
tivities 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 com-
mittees 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 an-
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nual budget of the anticipated expenses to be in-
curred in the administration of the order, including 
the probable cost of each promotion, research, and 
information activity proposed to be developed or car-
ried out by the Board; 
(8) to borrow funds necessary for the startup 
expenses of the order; 
(9) to carry out research, education, and pro-
motion programs and projects, and to pay the costs 
of such programs and projects with assessments col-
lected under section 6; 
(10) subject to subsection (e), to enter into con-
tracts or agreements to develop and carry out pro-
grams or projects of research, education, and pro-
motion 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 infor-
mation as the Secretary may request; 
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