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15 U.S. Code § 8704. Required terms in orders
(a) In general
Any order issued under this chapter 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 title 26 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 products in the United States, the types of concrete masonry products manufactured, and the range in size of manufacturers 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, 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 manufactured.
(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 accordance 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 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 order.