15 U.S.C. § 6759: Presidential oversight

Summary

The President can remove the entire Board if the President finds the Association is acting against the public interest or not doing its duties. The President may then appoint new Board members to fill those seats for the rest of their terms under section 6754 and with the advice and consent of the Senate, using the procedures in Senate Resolution 116 of the 112th Congress. A single Board member can be removed only for neglect of duty or serious misconduct in office. After notifying the Board, the President or a person the President names may suspend any bylaw or rule, or stop any Association action, that they find conflicts with the purposes of this subchapter.

Title 15, §6759

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(a)Removal of Board

If the President determines that the Association is acting in a manner contrary to the interests of the public or the purposes of this subchapter or has failed to perform its duties under this subchapter, the President may remove the entire existing Board for the remainder of the term to which the Board members were appointed and appoint, in accordance with section 6754 of this title and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112th Congress, new Board members to fill the vacancies on the Board for the remainder of the terms.

(b)Removal of Board member

The President may remove a Board member only for neglect of duty or malfeasance in office.

(c)Suspension of bylaws and standards and prohibition of actions

Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any bylaw or standard, or prohibit any action, of the Association that the President or the designee determines is contrary to the purposes of this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Senate Resolution 116 of the 112th Congress, referred to in subsec. (a), which was agreed to June 29, 2011, provided for expedited Senate consideration of certain nominations subject to advice and consent.

Prior Provisions

Provisions similar to this section were contained in section 6762(b)(2)(C) of this title, prior to the general amendment of this subchapter by Pub. L. 114–1. A prior section 6759, Pub. L. 106–102, title III, § 329, Nov. 12, 1999, 113 Stat. 1430, related to assessments, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6756(1) of this title.

§6759 Presidential Oversight