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mines has a history of stability and permanency
and meets at least 1 of the following criteria:
(i) MAJORITY REPRESENTATION.—The
total paid membership of the organiza-
tion—
(I) is comprised of at least a ma-
jority of canola or rapeseed producers;
or
(II) represents at least a majority
of the canola or rapeseed producers in
the State.
(ii) SUBSTANTIAL
NUMBER
OF
PRO-
DUCERS REPRESENTED.—The organization
represents a substantial number of produc-
ers that produce a substantial quantity of
canola or rapeseed in the State.
(iii) PURPOSE.—The organization is a
general farm or agricultural organization
that has as a stated objective the promotion
and development of the United States
canola or rapeseed industry and the eco-
nomic welfare of United States canola or
rapeseed producers.
(C) REPORT.—The Secretary shall make a
certification under this paragraph on the basis
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of a factual report submitted by the State orga-
nization.
(7) TERMS OF OFFICE.—
(A) IN
GENERAL.—The members of the
Board shall serve for a term of 3 years, except
that the members appointed to the initial Board
shall serve, proportionately, for terms of 1, 2,
and 3 years, as determined by the Secretary.
(B) TERMINATION
OF
TERMS.—Notwith-
standing subparagraph (C), each member shall
continue to serve until a successor is appointed
by the Secretary.
(C) LIMITATION ON TERMS.—No individual
may serve more than 2 consecutive 3-year terms
as a member.
(8) COMPENSATION.—A member of the Board
shall serve without compensation, but shall be reim-
bursed for necessary and reasonable expenses incurred
in the performance of duties for and approved by the
Board.
(c) POWERS AND DUTIES OF THE BOARD.—The order
shall define the powers and duties of the Board, which shall
include the power and duty—
(1) to administer the order in accordance with
the terms and conditions of the order;
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(2) to make regulations to effectuate the terms
and conditions of 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 de-
termines appropriate;
(4) to establish working committees of persons
other than Board members;
(5) to employ such persons, other than Board
members, as the Board considers necessary, and to de-
termine the compensation and define the duties of the
persons;
(6) to prepare and submit for the approval of the
Secretary, when appropriate or necessary, a rec-
ommended rate of assessment under section 926, and
a fiscal period budget of the anticipated expenses in
the administration of the order, including the prob-
able costs of all programs and projects;
(7) to develop programs and projects, subject to
subsection (d);
(8) to enter into contracts or agreements, subject
to subsection (e), to develop and carry out programs
or projects of research, promotion, industry informa-
tion, and consumer information;
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(9) to carry out research, promotion, industry
information, and consumer information projects, and
to pay the costs of the projects with assessments col-
lected under section 926;
(10) to keep minutes, books, and records that re-
flect the actions and transactions of the Board, and
promptly report minutes of each Board meeting to the
Secretary;
(11) to appoint and convene, from time to time,
working committees comprised of producers, industry
members, and the public to assist in the development
of research, promotion, industry information, and
consumer information programs for canola, rapeseed,
and canola and rapeseed products;
(12) to invest, pending disbursement under a
program or project, funds collected through assess-
ments authorized under section 926, or funds earned
from investments, only in—
(A) obligations of the United States or an
agency of the United States;
(B) general obligations of a State or a polit-
ical subdivision of a State;
(C) an interest-bearing account or certifi-
cate of deposit of a bank that is a member of the
Federal Reserve System; or
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(D) obligations fully guaranteed as to prin-
cipal and interest by the United States;
(13) to receive, investigate, and report to the Sec-
retary complaints of violations of the order;
(14) to furnish the Secretary with such informa-
tion as the Secretary may request;
(15) to recommend to the Secretary amendments
to the order;
(16) to develop and recommend to the Secretary
for approval such regulations as may be necessary for
the development and execution of programs or
projects, or as may otherwise be necessary, to carry
out the order; and
(17) to provide the Secretary with advance no-
tice of meetings.
(d) PROGRAMS AND BUDGETS.—
(1) SUBMISSION
TO
SECRETARY.—The order
shall provide that the Board shall submit to the Sec-
retary for approval any program or project of re-
search, promotion, consumer information, or industry
information. No program or project shall be imple-
mented prior to approval by the Secretary.
(2) BUDGETS.—The order shall require the
Board, prior to the beginning of each fiscal year, or
as may be necessary after the beginning of a fiscal
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year, to submit to the Secretary for approval budgets
of anticipated expenses and disbursements in the im-
plementation of the order, including projected costs of
research, promotion, consumer information, and in-
dustry information programs and projects.
(3) INCURRING
EXPENSES.—The Board may
incur such expenses for programs or projects of re-
search, promotion, consumer information, or industry
information, and other expenses for the administra-
tion, maintenance, and functioning of the Board as
may be authorized by the Secretary, including any
implementation, administrative, and referendum costs
incurred by the Department.
(4) PAYING EXPENSES.—The funds to cover the
expenses referred to in paragraph (3) shall be paid by
the Board from assessments collected under section
926 or funds borrowed pursuant to paragraph (5).
(5) AUTHORITY TO BORROW.—To meet the ex-
penses referred to in paragraph (3), the Board shall
have the authority to borrow funds, as approved by
the Secretary, for capital outlays and startup costs.
(e) CONTRACTS AND AGREEMENTS.—
(1) IN
GENERAL.—To ensure efficient use of
funds, the order shall provide that the Board may
enter into a contract or agreement for the implemen-
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tation and carrying out of a program or project of
canola, rapeseed, or canola or rapeseed products re-
search, promotion, consumer information, or industry
information, including a contract with a producer or-
ganization, and for the payment of the costs with
funds received by the Board under the order.
(2) REQUIREMENTS.—A contract or agreement
under paragraph (1) shall provide that—
(A) the contracting party shall develop and
submit to the Board a program or project to-
gether with a budget that shall show the esti-
mated costs to be incurred for the program or
project;
(B) the program or project shall become ef-
fective on the approval of the Secretary; and
(C) the contracting party shall keep accu-
rate records of all transactions, account for funds
received and expended, make periodic reports to
the Board of activities conducted, and make such
other reports as the Board or the Secretary may
require.
(3) PRODUCER ORGANIZATIONS.—The order shall
provide that the Board may contract with producer
organizations for any other services. The contract