§ 1505. Management of Corporation

2,194 words·~10 min read·/usc/title-7/section-1505

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(a)Board of Directors

(1)Establishment The management of the Corporation shall be vested in a Board of Directors subject to the general supervision of the Secretary.

(2)Composition The Board shall consist of only the following members:

(A)The manager of the Corporation, who shall serve as a nonvoting ex officio member.

(B)The Under Secretary of Agriculture responsible for the Federal crop insurance program.

(C)One additional Under Secretary of Agriculture (as designated by the Secretary).

(D)The Chief Economist of the Department of Agriculture.

(E)One person experienced in the crop insurance business.

(F)One person experienced in reinsurance or the regulation of insurance.

(G)Four active producers who are policy holders, are from different geographic areas of the United States, and represent a cross-section of agricultural commodities grown in the United States, including at least one specialty crop producer.

(3)Appointment of private sector members The members of the Board described in subparagraphs (E), (F), and

(G)of paragraph (2)—

(A)shall be appointed by, and hold office at the pleasure of, the Secretary;

(B)shall not be otherwise employed by the Federal Government;

(C)shall be appointed to staggered 4-year terms, as determined by the Secretary; and

(D)shall serve not more than two consecutive terms.

(4)Chairperson The Board shall select a member of the Board to serve as Chairperson.

(b)Vacancies Vacancies in the Board so long as there shall be four members in office shall not impair the powers of the Board to execute the functions of the Corporation, and four of the members in office shall constitute a quorum for the transaction of the business of the Board.

(c)Compensation The Directors of the Corporation who are employed in the Department shall receive no additional compensation for their services as such Directors but may be allowed necessary traveling and subsistence expenses when engaged in business of the Corporation, outside of the District of Columbia. The Directors of the Corporation who are not employed by the Federal Government shall be paid such compensation for their services as Directors as the Secretary shall determine, but such compensation shall not exceed the daily equivalent of the rate prescribed for grade GS–18 under section 5332 of title 5 when actually employed, and actual necessary traveling and subsistence expenses, or a per diem allowance in lieu of subsistence expenses, as authorized by section 5703 of title 5 for persons in Government service employed intermittently, when on the business of the Corporation away from their homes or regular places of business.

(d)Manager of Corporation The manager of the Corporation shall be its chief executive officer, with such power and authority as may be conferred by the Board. The manager shall be appointed by, and hold office at the pleasure of, the Secretary.

(e)Expert review of policies, plans of insurance, and related material

(1)Review by experts The Board shall establish procedures under which any policy or plan of insurance, as well as any related material or modification of such a policy or plan of insurance, to be offered under this subchapter shall be subject to independent reviews by persons experienced as actuaries and in underwriting, as determined by the Board.

(2)Review of Corporation policies and plans Except as provided in paragraph (3), the Board shall contract with at least five persons to each conduct a review of the policy or plan of insurance, of whom—

(A)not more than one person may be employed by the Federal Government; and

(B)at least one person must be designated by approved insurance providers pursuant to procedures determined by the Board.

(3)Review of private submissions If the reviews under paragraph

(1)cover a policy or plan of insurance, or any related material or modification of a policy or plan of insurance, submitted under section 1508(h) of this title—

(A)the Board shall contract with at least five persons to each conduct a review of the policy or plan of insurance, of whom—

(i)not more than one person may be employed by the Federal Government; and

(ii)none may be employed by an approved insurance provider; and

(B)each review must be completed and submitted to the Board not later than 30 days prior to the end of the 120-day period described in section 1508(h)(4)(D) of this title.

(4)Consideration of reviews The Board shall include reviews conducted under this subsection as part of the consideration of any policy or plan or insurance, or any related material or modification of a policy or plan of insurance, proposed to be offered under this subchapter.

(5)Funding of reviews Each contract to conduct a review under this subsection shall be funded from amounts made available under section 1516(b)(2)(A)(ii) of this title.

(6)Relation to other authority The contract authority provided in this subsection is in addition to any other contracting authority that may be exercised by the Board under section 1506(l) of this title.

(Feb. 16, 1938, ch. 30, title V, § 505, 52 Stat. 72; Aug. 1, 1947, ch. 440, § 8, 61 Stat. 719; Aug. 25, 1949, ch. 512, § 7, 63 Stat. 665; Pub. L. 96–365, title I, § 102, Sept. 26, 1980, 94 Stat. 1312; Pub. L. 103–354, title I, §§ 102(b)(3), (4), 103, 115(a), Oct. 13, 1994, 108 Stat. 3181, 3204; Pub. L. 106–224, title I, § 142(a)(1), (b), June 20, 2000, 114 Stat. 389, 390; Pub. L. 110–234, title XII, § 12033(c)(2)(B), May 22, 2008, 122 Stat. 1405; Pub. L. 110–246, § 4(a), title XII, § 12033(c)(2)(B), June 18, 2008, 122 Stat. 1664, 2167.)