Page:United States Statutes at Large Volume 100 Part 5.djvu/250

 100 STAT. 3724

PUBLIC LAW 99-659—NOV. 14, 1986

appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term. (5) The Secretary shall remove any member of a council if the council concerned first recommends, by not less than two-thirds of its members, removal for cause. Such a recommendation of a council must be in writing and accompanied by a statement of the reasons upon which the recommendation is based. (g) NATURE OF A COUNCIL.—A council is not an instrumentality of

the United States Government. 16 USC 4010.

Reports.

Records. Reports.

Reports.

SEC. 211. FUNCTIONS AND POWERS OF COUNCILS.

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(a) ACTIVITIES OF A COUNCIL.—(1) Each council shall— , ^ -^j (A) Adopt a seal which shall be judicially noticed; ' (B) implement all terms of its charter; (C) prepare and submit to the Secretary, for review and approval under section 212(a)(1) of this title, a marketing and promotion plan and amendments to such plan which contain descriptions of the projected consumer education, research, and other marketing and promotion activities of the council; (D) implement and administer an approved marketing and promotion plan and amendments to such plan; (E) determine the assessments to be made under section 213 of this title and administer the collection of such assessments to finance council expenses described in paragraph (2) of this subsection; (F) receive, investigate and report to the Secretary accounts of violations of rules or orders relating to assessments collected under section 213 of this title, or quality standard requirements established under subsection (c) of this section; (G) prepare and submit to the Secretary, for review and approval under section 212(a)(1) of this title, a budget (on a fiscal year basis) of the anticipated expenses and disbursements of the council, including— (i) all administrative and contractual expenses; "• ' (ii) the probable costs of consumer education, research, and other marketing and promotion plans or projects; ' • (iii) the costs of the collection of assessments; and , (iv) the expense of repayment of the costs of each referendum conducted in regard to the council; (H) maintain books and records, prepare and submit to the Secretary such reports from time to time as may be necessary for appropriate accounting with respect to the receipt and .^,^^, disbursement of funds entrusted to it, and cause a complete audit report to be submitted to the Secretary at the end of each fiscal year; (I) reimburse the Secretary for the expenses incurred for the conduct of the referendum to establish the council or any subsequent referendum to terminate the council that fails; and (J) prepare and submit to the Secretary from time to time such reports or proposals as the council determines appropriate to further the purposes of this title. (2) Funds collected by a council under section 213 of this title shall be used by the council for— V

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