96-7808. Bylaws of Corporation  

  • [Federal Register Volume 61, Number 63 (Monday, April 1, 1996)]
    [Notices]
    [Pages 14285-14287]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-7808]
    
    
    
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    Federal Register / Vol. 61, No. 63 / Monday, April 1, 1996 / 
    Notices
    
    [[Page 14285]]
    
    
    DEPARTMENT OF AGRICULTURE
    
    Commodity Credit Corporation
    
    
    Bylaws of Corporation
    
        The Bylaws of the Commodity Credit Corporation, amended February 5, 
    1996, are as follows:
    
    Offices
    
        1. The principal office of the Corporation shall be in the City of 
    Washington, District of Columbia, and the Corporation shall also have 
    offices at such other places as it may deem necessary or desirable in 
    the conduct of its business.
    
    Seal
    
        2. There is impressed below the official seal which is hereby 
    adopted for the Corporation. Said seal may be used by causing it or a 
    facsimile thereof to be impressed or affixed or reproduced.
    [GRAPHIC] [TIFF OMITTED] TN01AP96.007
    
    Meetings of the Board
    
        3. Regular meetings of the Board shall be held, whenever necessary, 
    in the Board meeting room in the U.S. Department of Agriculture in the 
    City of Washington, D.C. Notice of such meetings shall be provided in 
    the same manner as is specified for special meetings in Paragraph 4. No 
    regular meetings of the Board shall be held except in accordance with 
    provisions of the Government in the Sunshine Act (5 U.S.C. 552b).
        4. Special meetings of the Board may be called at any time by the 
    Chairman, the Vice Chairman, or by the President, or the Executive Vice 
    President and shall be called by the Chairman, the Vice Chairman, the 
    President, or the Executive Vice at the written request of any five 
    Members. Notice of special meetings shall be given either personally or 
    by mail (including intradepartmental mail channels of the Department of 
    Agriculture or interdepartmental mail channels of the Federal 
    Government) or by mailgram, and notice by telephone shall be personal 
    notice. Any Member may waive in writing such notice as to himself, 
    whether before or after the time of the meeting, and the presence of a 
    Member at any meeting shall constitute a waiver of notice of such 
    meeting. No notice of an adjourned meeting need be given. Any and all 
    business may be transacted at any special meeting unless otherwise 
    indicated in the notice thereof. No special meetings of the Board shall 
    be held except in accordance with provisions of the Government in the 
    Sunshine Act (5 U.S.C. 552b).
        5. The Secretary of Agriculture shall serve as Chairman of the 
    Board. The Deputy Secretary of Agriculture shall serve as Vice Chairman 
    of the Board and, in the absence or unavailability of the Chairman, 
    shall preside at meetings of the Board. In the absence or 
    unavailability of the Chairman and the Vice Chairman, the President of 
    the Corporation shall preside at meetings of the Board. In the absence 
    or unavailability of the Chairman, the Vice Chairman, and the 
    President, the Members present at the meeting shall designate a 
    Presiding Officer.
        6. At any meeting of the Board a quorum shall consist of five 
    Members. The act of a majority of the Members present at any meeting at 
    which there is a quorum shall be the act of the Board.
        7. The General Counsel of the Department of Agriculture, whose 
    office shall perform all legal work of the Corporation, and the 
    Associate General Counsel in the Office of the General Counsel who is 
    in immediate charge of legal work for the Corporation shall, as General 
    Counsel and Associate General Counsel of the Corporation, respectively, 
    attend meetings of the Board.
        8. The Executive Vice President, the Vice President who is the 
    Associate Administrator of the Farm Service Agency, and the Secretary 
    shall attend meetings of the Board. Each of the other Vice Presidents 
    and Deputy Vice Presidents and the Controller shall attend meetings of 
    the Board during such time as the meetings are devoted to the 
    consideration of matters for which such officer is responsible.
    
    [[Page 14286]]
    
    
    Compensation of Board Members
    
        9. The compensation of each Member shall be prescribed by the 
    Secretary of Agriculture. Any Member who holds another office or 
    position under the Federal Government, the compensation for which 
    exceeds that prescribed by the Secretary of Agriculture for such 
    Member, may elect to receive compensation at the rate provided for such 
    other office or position in lieu of compensation as a Member.
    
    Officers
    
        10. The officers of the Corporation shall be a President, Vice 
    Presidents, and Deputy Vice Presidents as hereinafter provided for, a 
    Secretary, a Controller, a Treasurer, a Chief Accountant, and such 
    additional officers as the Secretary of Agriculture may appoint.
        11. The Under Secretary of Agriculture for Farm and Foreign 
    Agricultural Services shall be the ex officio President of the 
    Corporation.
        12. The following officials of the Farm Service Agency (hereinafter 
    referred to as FSA), the Foreign Agricultural Service (hereinafter 
    referred to as FAS), the Food and Consumer Service (hereinafter 
    referred to as FCS), and the Agricultural Marketing Service 
    (hereinafter referred to as AMS) shall be ex officio officers of the 
    Corporation:
    
    Administrator, FSA; Executive Vice President.
    Administrator, AMS; Vice President.
    Administrator, FAS; Vice President.
    Administrator, FCS; Vice President.
    General Sales Manager, FAS; Vice President.
    Associate Administrator, FSA; Vice President.
    Deputy Administrator, Program Delivery and Field Operations, FSA; 
    Deputy Vice President.
    Deputy Administrator, Commodity Operations, FSA; Deputy Vice President.
    Deputy Administrator, Management, FSA; Deputy Vice President.
    Deputy Administrator, Farm Programs, FSA; Deputy Vice President.
    Director, Economic and Policy Analysis Staff, FSA; Deputy Vice 
    President.
    Executive Assistant to the Administrator, FSA; Secretary.
    Director, Corporate Affairs Staff, Office of the Administrator, FSA; 
    Deputy Secretary.
    Director, Financial Management Division, FSA; Controller.
    Deputy Director, Financial Management Division, FSA; Treasurer.
    Chief, Financial Accounting and Reporting Branch, Financial Management 
    Division, FSA; Chief Accountant.
    
        The person occupying, in an acting capacity, any position listed in 
    this paragraph shall, during his occupancy of such position, act as the 
    corresponding officer of the Corporation.
        13. Officers who do not hold office ex officio shall be appointed 
    by the Secretary of Agriculture and shall hold office until their 
    respective appointments shall have been terminated.
    
    The President
    
        14. (a) The President shall have general supervision and direction 
    of the Corporation, its officers and employees.
        (b) The President shall establish and direct an Office of the 
    Secretariat. Such office shall be responsible for obtaining or 
    developing, as the President determines, information on major program 
    or policy proposals submitted to the Board.
    
    The Vice Presidents
    
        15. (a) The Executive Vice President shall be the chief executive 
    officer of the Corporation and shall be responsible for submission of 
    all Corporation policies and programs to the Board. Except as provided 
    in paragraphs (b), (c), (d), and (e) below, the Executive Vice 
    President shall have general supervision and direction of the 
    preparation of policies and programs for submission to the Board, of 
    the administration of the policies and programs approved by the Board, 
    and of the day-to-day conduct of the business of the Corporation and of 
    its officers and employees.
        (b) The Vice President who is the Administrator, FAS, shall be 
    responsible for preparation for submission by the Executive Vice 
    President to the Board of those policies and programs of the 
    Corporation which are for performance through the facilities and 
    personnel of FAS. He shall also have responsibility for the 
    administration of those operations of the Corporation, under policies 
    and programs approved by the Board, which are carried out through 
    facilities and personnel of FAS. He shall also perform such special 
    duties and exercise such powers as may be prescribed, from time to 
    time, by the Secretary of Agriculture, the Board, or the President of 
    the Corporation.
        (c) The Vice President who is Administrator, AMS, shall be 
    responsible for the administration of those operations of the 
    Corporation, under policies and programs approved by the Board, which 
    are carried out through facilities and personnel of AMS. He shall also 
    perform such special duties and exercise such powers as may be 
    prescribed, from time-to-time, by the Secretary of Agriculture, the 
    Board, or the President of the Corporation.
        (d) The Vice President who is the General Sales Manager, FAS, shall 
    be responsible for preparation for submission by the Executive Vice 
    President to the Board of policies and programs of the Corporation 
    which are for performance through the facilities and personnel of FAS. 
    He shall also have responsibility for the administration of those 
    operations of the Corporation, under the policies and programs approved 
    by the Board, which are carried out through facilities and personnel of 
    FAS. He shall also perform such special duties and exercise such powers 
    as may be prescribed, from time-to-time, by the Secretary of 
    Agriculture, the Board, or the President of the Corporation.
        (e) The Vice President who is the Administrator, FCS, shall be 
    responsible for the administration of those operations of the 
    Corporation, under policies and programs approved by the Board, which 
    are carried out through facilities and personnel of FCS. He shall also 
    perform such special duties and exercise such powers as may be 
    prescribed, from time-to-time, by the Secretary of Agriculture, the 
    Board, or the President of the Corporation.
        16. The Vice President who is the Associate Administrator, FSA, and 
    the Deputy Vice Presidents shall assist the Executive Vice President in 
    the performance of his duties and the exercise of his powers to such 
    extent as the President or the Executive Vice President shall 
    prescribe, and shall perform such special duties and exercise such 
    powers as may be prescribed, from time-to-time, by the Secretary of 
    Agriculture, the Board, the President of the Corporation, or the 
    Executive Vice President of the Corporation.
    
    The Secretary
    
        17. The Secretary shall attend and keep the minutes of all meetings 
    of the Board; shall attend to the giving and serving of all required 
    notices of meetings of the Board; shall sign all papers and instruments 
    to which his signature shall be necessary or appropriate; shall attest 
    the authenticity of and affix the seal of the Corporation upon any 
    instrument requiring such action and shall perform such other duties 
    and exercise such other powers as are commonly incidental to the Office 
    of Secretary as well as such other duties as may be prescribed, from 
    time-to-time, by the President or the Executive Vice President.
    
    [[Page 14287]]
    
    
    The Controller
    
        18. The Controller shall have charge of all fiscal and accounting 
    affairs of the Corporation, including all borrowings and related 
    financial arrangements, claims activities, and formulation of prices in 
    accordance with established policies; and shall perform such other 
    duties as may be prescribed, from time-to-time, by the President or the 
    Executive Vice President.
    
    The Treasurer
    
        19. (a) The Treasurer shall assist the Controller in the 
    administration of all fiscal and accounting affairs of the Corporation, 
    including all borrowings and related financial arrangements, claims 
    activities, and formulation of prices in accordance with established 
    policies; and shall perform such other duties relating to the fiscal 
    and accounting affairs of the Corporation as may be prescribed, from 
    time-to-time, by the Controller, the President, or the Executive Vice 
    President.
        (b) The Treasurer, under the general supervision and direction of 
    the Controller, shall also have charge of the custody, safekeeping and 
    disbursement of all funds of the Corporation; shall designate qualified 
    persons to authorize disbursement of corporate funds; shall direct the 
    disbursement of funds by disbursing officers of the Corporation or by 
    the Treasurer of the United States, Federal Reserve Banks, and other 
    fiscal agents of the Corporation; shall be responsible for documents 
    relating to the general financing operations of the Corporation, 
    including borrowings from the United States Treasury, commercial banks 
    and others; shall arrange for the payment of interest on the capital 
    stock of the Corporation; and shall coordinate and give general 
    supervision to the claims activities of the Corporation and have 
    authority to collect all monies due the Corporation, to receipt 
    therefor, and to deposit same for the account of the Corporation.
    
    The Chief Accountant
    
        20. The Chief Accountant, under the general supervision and 
    direction of the Controller, shall have charge of the general books and 
    accounts of the Corporation and the preparation of financial statements 
    and reports. He shall be responsible for the initiation, preparation 
    and issuance of policies and practices related to accounting matters 
    and procedures, including official inventories, records, accounting and 
    related office procedures where standardized, and adequate subsidiary 
    records of revenues, expenses, assets and liabilities; and shall 
    perform such other duties relating to the fiscal and accounting affairs 
    of the Corporation as may be prescribed, from time-to-time, by the 
    Controller.
    
    Other Officials
    
        21. Except as otherwise authorized by the Secretary of Agriculture 
    or the Board, the operations of the Corporation shall be carried out 
    through the facilities and personnel of FSA, FAS, FCS, and AMS in 
    accordance with any assignment of functions and responsibilities made 
    by the Secretary of Agriculture and, within his respective agency or 
    office, by the Administrators of FSA, FAS, FCS, or AMS, or the General 
    Sales Manager, FAS.
        22. The Directors of the divisions and the Directors of the Kansas 
    City Commodity Office and the Kansas City Management Office of FSA 
    shall be Contracting Officers and executives of the Corporation in 
    general charge of the activities of the Corporation carried out through 
    their respective divisions or offices. The responsibilities of such 
    Directors in carrying out activities of the Corporation, which shall 
    include the authority to settle and adjust claims by and against the 
    Corporation arising out of activities under their jurisdiction, shall 
    be discharged in conformity with these Bylaws and applicable programs, 
    policies, and procedures.
    
    Contracts of the Corporation
    
        23. Contracts of the Corporation relating to any of its activities 
    may be executed in its name by the Secretary of Agriculture or the 
    President. The Vice Presidents, the Deputy Vice Presidents, the 
    Controller, the Treasurer, and the Directors of the divisions and the 
    Directors of the Kansas City Commodity Office and the Kansas City 
    Management Office of FSA may execute contracts relating to the 
    activities of the Corporation for which they are respectively 
    responsible.
        24. The Executive Vice President and, subject to the written 
    approval by such Executive Vice President of each appointment, the Vice 
    Presidents, the Deputy Vice Presidents, the Controller, and the 
    Directors of the divisions and the Directors of the Kansas City 
    Commodity Office and the Kansas City Management Office of FSA may 
    appoint, by written instrument, such Contracting Officers as they deem 
    necessary, who may, to the extent authorized by such instrument, 
    execute contracts in the name of the Corporation. A copy of each such 
    instrument shall be filed with the Secretary.
        25. Appointments of Contracting Officers may be revoked by written 
    instrument or instruments by the Executive Vice President or by the 
    official who made the appointment. A copy of each instrument shall be 
    filed with the Secretary.
        26. In executing a contract in the name of the Corporation, an 
    official shall indicate his title.
    
    Annual Report
    
        27. The Executive Vice President shall be responsible for the 
    preparation of an annual report of the activities of the Corporation, 
    which shall be filed with the Secretary of Agriculture and with the 
    Board.
    
    Amendments
    
        28. These Bylaws may be altered, amended or repealed by the 
    Secretary of Agriculture. They may also be altered, amended or repealed 
    by the Board at any regular or special meeting of the Board if: (1) the 
    Secretary of Agriculture approves such action; and (2) in the case of 
    action taken at a special meeting of the Board, notice of the proposed 
    alternation, amendment or repeal was contained in the notice of such 
    special meeting.
    
    Approval of Board Action
    
        29. The actions of the Board shall be subject to the approval of 
    the Secretary of Agriculture.
        I, Greg Billings, Secretary, Commodity Credit Corporation, do 
    hereby certify that the above is a full, true, and correct copy of the 
    Bylaws of Commodity Credit Corporation, as amended February 5, 1996.
        In witness whereof I have officially subscribed my name and have 
    caused the corporate seal of the said Corporation to be fixed this 
    sixth day of March, 1996.
    Greg Billings,
    Secretary, Commodity Credit Corporation.
    [FR Doc. 96-7808 Filed 3-29-96; 8:45 am]
    BILLING CODE 3410-05-P
    
    

Document Information

Published:
04/01/1996
Department:
Commodity Credit Corporation
Entry Type:
Notice
Document Number:
96-7808
Pages:
14285-14287 (3 pages)
PDF File:
96-7808.pdf