I 
113TH CONGRESS 
1ST SESSION H. R. 1563 
To enable concrete masonry products manufacturers to establish, finance, 
and carry out a coordinated program of research, education, and pro-
motion to improve, maintain, and develop markets for concrete masonry 
products. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2013 
Mr. GUTHRIE (for himself and Ms. CASTOR of Florida) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To enable concrete masonry products manufacturers to estab-
lish, finance, and carry out a coordinated program of 
research, education, and promotion to improve, maintain, 
and develop markets for concrete masonry products. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Concrete Masonry 
Products Research, Education, and Promotion Act of 
2013’’. 
SEC. 2. FINDINGS AND DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
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(1) The production of concrete masonry prod-
ucts plays a significant role in the economy of the 
United States. 
(2) Concrete masonry products are produced by 
hundreds of concrete manufacturers and utilized 
throughout the United States and foreign countries. 
(3) Concrete masonry products move in the 
channels of interstate and foreign commerce, and 
concrete masonry products that do not move in such 
channels of commerce directly burden or affect inter-
state commerce of concrete masonry products. 
(4) The concrete masonry products industry 
employs thousands of workers and positively impacts 
economic stability throughout the United States. 
(5) The maintenance and expansion of existing 
markets for concrete masonry products and the de-
velopment of new markets is vital to the welfare of 
concrete manufacturers in the United States and 
those concerned with marketing and using concrete 
masonry products as well as the general economic 
welfare of the United States. 
(6) The concrete masonry products industry 
plays a vital role in providing safe, environmentally 
sustainable, and economical construction for citizens 
of the United States and abroad. 
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(7) Concrete masonry products are used for the 
construction of structures that protect and provide 
shelter for citizens during disasters (earthquakes, 
floods, hurricanes, tornados, fire, et cetera). 
(8) Concrete masonry structures provide energy 
efficiencies to reduce American energy demands. 
(9) Concrete masonry provides for durable 
structures that support sustainability objectives, re-
ducing long-term demands on natural resources. 
(10) Concrete masonry products are made 
using locally available resources throughout the 
United States, reducing transportation and infra-
structure demands. 
(11) Concrete masonry products are used to 
support the construction of durable and cost-effi-
cient, low-income housing. 
(b) PURPOSE.—The purpose of this Act is to author-
ize the establishment of an orderly program for devel-
oping, financing, and carrying out an effective, contin-
uous, and coordinated program of research, education, and 
promotion, including funds for marketing and market re-
search activities, that is designed to— 
(1) strengthen the position of the concrete ma-
sonry products industry in the domestic market-
place; 
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(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: 
(a) BLOCK MACHINE.—The term ‘‘block machine’’ 
means a piece of equipment that utilizes vibration and 
compaction to form concrete masonry products. 
(b) BOARD.—The term ‘‘Board’’ means the Concrete 
Masonry Products Board established under section 5. 
(c) 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 di-
mensions of 8 inches by 16 inches. 
(d) COMMERCE.—The term ‘‘commerce’’ includes 
interstate, foreign, and intrastate commerce. 
(e) CONCRETE MASONRY PRODUCTS.—The term 
‘‘concrete masonry products’’ refers to a broader class of 
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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. 
(f) 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 con-
crete using a block machine. Such term includes concrete 
block and related concrete units used in masonry applica-
tions. 
(g) DEPARTMENT.—The term ‘‘Department’’ means 
the Department of Commerce. 
(h) DRY-CAST CONCRETE.—The term ‘‘dry-cast con-
crete’’ means a composite material that is composed essen-
tially of aggregates embedded in a binding medium com-
posed of a mixture of cementitious materials (including 
hydraulic cement, pozzolans, or other cementitious mate-
rials) and water of such a consistency to maintain its 
shape after forming in a block machine. 
(i) EDUCATION.—The term ‘‘education’’ means pro-
grams that will educate or communicate the benefits of 
concrete masonry products in safe and environmentally 
sustainable development, advancements in concrete ma-
sonry product technology and development, and other in-
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formation and programs designed to generate increased 
demand for commercial, residential, multi-family, and in-
stitutional projects using concrete masonry products and 
to generally enhance the image of concrete masonry prod-
ucts. 
(j) MACHINE CAVITIES.—The term ‘‘machine cav-
ities’’ means the cavities with which a block machine could 
be equipped. 
(k) MACHINE CAVITIES IN OPERATION.—The term 
‘‘machine cavities in operation’’ means those machine cav-
ities 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. 
(l) MASONRY UNIT.—The term ‘‘masonry unit’’ 
means a noncombustible building product intended to be 
laid by hand or joined using mortar, grout, surface bond-
ing, post-tensioning or some combination of these meth-
ods. 
(m) MANUFACTURER.—The term ‘‘manufacturer’’ 
means any person engaged in the manufacturing of com-
mercial concrete masonry products. 
(n) ORDER.—The term ‘‘order’’ means an order 
issued under section 4. 
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(o) PERSON.—The term ‘‘person’’ means any indi-
vidual, group of individuals, partnership, corporation, as-
sociation, cooperative, or any other entity. 
(p) PROMOTION.—The term ‘‘promotion’’ means any 
action, including paid advertising, to advance the image 
and desirability of concrete masonry products with the ex-
press intent of improving the competitive position and 
stimulating sales of concrete masonry products in the mar-
ketplace. 
(q) RESEARCH.—The term ‘‘research’’ means studies 
testing the effectiveness of market development and pro-
motion efforts, studies relating to the improvement of con-
crete masonry products and new product development, and 
studies documenting the performance of concrete ma-
sonry. 
(r) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Commerce. 
(s) 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 or-
ders under this Act applicable to manufacturers of 
concrete masonry products. 
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(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 
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. 
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(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. 
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-
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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-
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 
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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. 
(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. 
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(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 alternate may serve not 
more than 2 consecutive terms. 
(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-
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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. 
(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; 
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(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-
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; 
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(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; 
(14) to recommend to the Secretary such 
amendments to the order as the Board considers ap-
propriate; and 
(15) to provide the Secretary with advance no-
tice of meetings. 
(d) PROGRAMS
AND
PROJECTS; BUDGETS; EX-
PENSES.— 
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(1) PROGRAMS
AND
PROJECTS.—The order 
shall require the Board to submit to the Secretary 
for approval any program or project of research, 
education, or promotion. 
(2) BUDGETS.— 
(A) SUBMISSION.—The order shall require 
the Board to submit to the Secretary for ap-
proval a budget of the anticipated expenses and 
disbursements of the Board in the implementa-
tion of the order, including the projected costs 
of concrete masonry products research, edu-
cation, and promotion programs and projects. 
(B) TIMING.—The budget shall be sub-
mitted before the beginning of a fiscal year and 
as frequently as may be necessary after the be-
ginning of the fiscal year. 
(C) APPROVAL.—If the Secretary fails to 
approve or reject a budget within 30 days of re-
ceipt, such budget shall be deemed approved. 
(3) ADMINISTRATIVE EXPENSES.— 
(A) INCURRING EXPENSES.—A 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. 
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(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 bor-
rowed 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 func-
tioning 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 fis-
cal year. 
(D) REIMBURSEMENT
OF
SECRETARY.— 
The order shall require that the Secretary be 
reimbursed from assessments for all expenses 
incurred by the Secretary in the implementa-
tion, administration, and supervision of the 
order, including all referenda costs incurred in 
connection with the order. 
(e) CONTRACTS AND AGREEMENTS.— 
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(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 programs and projects of research, edu-
cation, and promotion activities relating to con-
crete 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 research, edu-
cation, 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 agree-
ment 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 activity together with a budget that 
specifies the cost to be incurred to carry out the 
activity; 
(B) keep accurate records of all of trans-
actions relating to the contract or agreement; 
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(C) account for funds received and ex-
pended 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 30 days of 
receipt, the contract or agreement shall be deemed 
approved. 
(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 in-
spection and audit) as the Secretary may re-
quire; 
(B) collect and submit to the Secretary, at 
any time the Secretary may specify, any infor-
mation the Secretary may request; and 
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(C) account for the receipt and disburse-
ment 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 au-
dited by an independent auditor at the end of 
each fiscal year; and 
(B) a report of the audit submitted di-
rectly to the Secretary. 
(g) PROHIBITED ACTIVITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Board shall not engage in any action to, nor 
shall any funds received by the Board under this Act 
be used to— 
(A) influence legislation or governmental 
action; 
(B) engage in an action that would be a 
conflict of interest; or 
(C) engage in advertising that is false or 
misleading. 
(2) EXCEPTIONS.—Paragraph (1) does not pre-
clude— 
(A) the development and recommendation 
of amendments to the order; 
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(B) the communication to appropriate gov-
ernment officials of information relating to the 
conduct, implementation, or results of research, 
education, and promotion activities under the 
order; or 
(C) any action designed to market concrete 
masonry products directly to a foreign govern-
ment or political subdivision of a foreign gov-
ernment. 
(h) PERIODIC EVALUATION.—The order shall require 
the Board to provide for the independent evaluation of all 
research, education, and promotion activities undertaken 
under the order. 
(i) BOOKS AND RECORDS OF PERSONS COVERED BY 
ORDER.— 
(1) IN GENERAL.—The order shall require that 
manufacturers of concrete masonry products shall— 
(A) maintain records sufficient to ensure 
compliance with the order and regulations; 
(B) submit to the Board any information 
required by the Board to carry out its respon-
sibilities; and 
(C) make the records described in subpara-
graph (A) available, during normal business 
hours, for inspection by employees or agents of 
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the Board or the Department, including any 
records necessary to verify information required 
under subparagraph (B). 
(2) TIME REQUIREMENT.—Any record required 
to be maintained under paragraph (1) shall be main-
tained for such time period as the Secretary may 
prescribe. 
(3) CONFIDENTIALITY OF INFORMATION.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this Act, all information obtained 
under paragraph (1) or as part of a referendum 
under section 7 shall be kept confidential by all 
officers, employees, and agents of the Depart-
ment and of the Board. 
(B) SUITS
AND
HEARINGS.—Information 
referred to in subparagraph (A) may be dis-
closed only if— 
(i) the Secretary considers the infor-
mation relevant; and 
(ii) the information is revealed in a 
judicial proceeding or administrative hear-
ing brought at the direction or on the re-
quest of the Secretary or to which the Sec-
retary or any officer of the Department is 
a party. 
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(C) GENERAL STATEMENTS AND PUBLICA-
TIONS.—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 infor-
mation furnished by any person; or 
(ii) the publication, by direction of the 
Secretary, of the name of any person vio-
lating any order and a statement of the 
particular provisions of the order violated 
by the person. 
(D) PENALTY.—Any person who willfully 
violates this subsection shall be fined not more 
than $5,000, imprisoned not more than 1 year, 
or both. 
(4) WITHHOLDING
INFORMATION.—This sub-
section does not authorize the withholding of infor-
mation from Congress. 
SEC. 6. ASSESSMENTS. 
(a) ASSESSMENTS.—The order shall provide that as-
sessments shall be paid by manufacturers with respect to 
concrete masonry products manufactured and marketed in 
the United States. 
(b) COLLECTION.— 
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(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 as-
sessments required under the order shall be remitted 
to the Board not less frequently than quarterly. 
(3) RECORDS.—As part of the remittance of as-
sessments, manufacturers shall identify the total 
amount due in assessments on all sales receipts, in-
voices 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 com-
pliance with the order. 
(c) ASSESSMENT RATES.—With respect to assess-
ment rates, the order shall contain the following terms: 
(1) INITIAL
RATE.—The assessment rate on 
concrete masonry products shall be $0.01 per con-
crete 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 ap-
prove a change in the assessment rate. 
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(B) LIMITATION ON INCREASES.—An in-
crease 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 in-
creased 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 in-
terest charges shall be specified by the Secretary. 
(e) INVESTMENT OF ASSESSMENTS.—Pending dis-
bursement of assessments under a budget approved by the 
Secretary, a 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 po-
litical subdivision of a State; 
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(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 INITIA-
TIVES.— 
(1) IN GENERAL.—The order shall provide that 
no less than 50 percent of the assessments (less ad-
ministration expenses) paid by a manufacturer shall 
be used to support research, education, and pro-
motion plans and projects in support of the geo-
graphic region of the manufacturer. 
(2) GEOGRAPHIC
REGIONS.—The order shall 
provide for the following geographic regions: 
(A) Region I shall comprise Connecticut, 
Delaware, Maine, Maryland, Massachusetts, 
New Hampshire, New Jersey, New York, Penn-
sylvania, Rhode Island, Vermont, and West Vir-
ginia. 
(B) Region II shall comprise Alabama, 
Florida, Georgia, Mississippi, North Carolina, 
South Carolina, Tennessee, and Virginia. 
(C) Region III shall comprise Illinois, Indi-
ana, Iowa, Kentucky, Michigan, Minnesota, Ne-
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braska, North Dakota, Ohio, South Dakota, 
and Wisconsin. 
(D) Region IV shall comprise Arizona, Ar-
kansas, Kansas, Louisiana, Missouri, New Mex-
ico, Oklahoma, and Texas. 
(E) Region V shall comprise Alaska, Cali-
fornia, Colorado, Hawaii, Idaho, Montana, Ne-
vada, Oregon, Utah, Washington, and Wyo-
ming. 
(3) ADJUSTMENT OF GEOGRAPHIC REGIONS.— 
The order shall provide that the Secretary may, 
upon recommendation of the Board, modify the com-
position of the geographic regions described in para-
graph (2). 
SEC. 7. REFERENDA. 
(a) INITIAL REFERENDUM.— 
(1) REFERENDUM REQUIRED.—During the 60- 
day period immediately preceding the proposed effec-
tive date of the order issued under section 4, the 
Secretary shall conduct a referendum among manu-
facturers required to pay assessments under the 
order, as provided in section 6. 
(2) APPROVAL OF ORDER NEEDED.—The order 
shall become effective only if the Secretary deter-
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mines that the order has been approved by a simple 
majority of all votes cast 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 for each machine 
cavity in operation that is operated by such manu-
facturer if they satisfy the eligibility requirements as 
defined in paragraph (2). 
(2) ELIGIBILITY.—For purposes of paragraph 
(1), manufacturers shall be considered to be eligible 
to vote if they have manufactured concrete masonry 
products during a period of at least 180 days prior 
to the referendum. 
(c) MANNER OF CONDUCTING REFERENDA.— 
(1) IN GENERAL.—Referenda conducted pursu-
ant 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). 
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(3) VOTING.—The Secretary shall establish pro-
cedures 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 re-
spect to an order, the Secretary shall notify all man-
ufacturers, 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 ap-
proved 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 sus-
pension, 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 number of persons eligible to 
vote under subsection (b). 
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