§ 1506. — General powers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1506]
TITLE 7--AGRICULTURE
CHAPTER 36--CROP INSURANCE
Sec. 1506. General powers
(a) Succession
The Corporation shall have succession in its corporate name.
(b) Corporate seal
The Corporation may adopt, alter, and use a corporate seal, which
shall be judicially noticed.
(c) Property
The Corporation may purchase or lease and hold such real and
personal property as it deems necessary or convenient in the transaction
of its business, and may dispose of such property held by it upon such
terms as it deems appropriate.
(d) Suit
The Corporation, subject to the provisions of section 1508(j) of
this title, may sue and be sued in its corporate name, but no
attachment, injunction, garnishment, or other similar process, mesne or
final, shall be issued against the Corporation or its property. The
district courts of the United States, including the district courts of
the District of Columbia and of any territory or possession, shall have
exclusive original jurisdiction, without regard to the amount in
controversy, of all suits brought by or against the Corporation. The
Corporation may intervene in any court in any suit, action, or
proceeding in which it has an interest. Any suit against the Corporation
shall be brought in the District of Columbia, or in the district wherein
the plaintiff resides or is engaged in business.
(e) Bylaws and regulations
The Corporation may adopt, amend, and repeal bylaws, rules, and
regulations governing the manner in which its business may be conducted
and the powers granted to it by law may be exercised and enjoyed.
(f) Mails
The Corporation shall be entitled to the use of the United States
mails in the same manner as the other executive agencies of the
Government.
(g) Assistance
The Corporation, with the consent of any board, commission,
independent establishment, or executive department of the Government,
including any field service thereof, may avail itself of the use of
information, services, facilities, officials, and employees thereof in
carrying out the provisions of this chapter.
(h) Collection and sharing of information
(1) Surveys and investigations
The Corporation may conduct surveys and investigations relating
to crop insurance, agriculture-related risks and losses, and other
issues related to carrying out this chapter.
(2) Data collection
The Corporation shall assemble data for the purpose of
establishing sound actuarial bases for insurance on agricultural
commodities.
(3) Sharing of records
Notwithstanding section 1502(c) of this title, records submitted
in accordance with this chapter and section 7333 of this title shall
be available to agencies and local offices of the Department,
appropriate State and Federal agencies and divisions, and approved
insurance providers for use in carrying out this chapter, such
section 7333 of this title, and other agricultural programs.
(i) Expenditures
The Corporation shall determine the character and necessity for its
expenditures under this chapter and the manner in which they shall be
incurred, allowed, and paid, without regard to the provisions of any
other laws governing the expenditure of public funds and such
determinations shall be final and conclusive upon all other officers of
the Government.
(j) Settling claims
The Corporation shall have the authority to make final and
conclusive settlement and adjustment of any claim by or against the
Corporation or a fiscal officer of the Corporation.
(k) Other powers
The Corporation shall have such powers as may be necessary or
appropriate for the exercise of the powers herein specifically conferred
upon the Corporation and all such incidental powers as are customary in
corporations generally.
(l) Contracts
The Corporation may enter into and carry out contracts or
agreements, and issue regulations, necessary in the conduct of its
business, as determined by the Board. State and local laws or rules
shall not apply to contracts, agreements, or regulations of the
Corporation or the parties thereto to the extent that such contracts,
agreements, or regulations provide that such laws or rules shall not
apply, or to the extent that such laws or rules are inconsistent with
such contracts, agreements, or regulations.
(m) Submission of certain information
(1) Social security account and employer identification
numbers
The Corporation shall require, as a condition of eligibility for
participation in the multiple peril crop insurance program,
submission of social security account numbers, subject to the
requirements of section 405(c)(2)(C)(iii) \1\ of title 42, and
employer identification numbers, subject to the requirements of
section 6109(f) of title 26.
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\1\ See References in Text note below.
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(2) Notification by policyholders
Each policyholder shall notify each individual or other entity
that acquires or holds a substantial beneficial interest in such
policyholder of the requirements and limitations under this chapter.
(3) Identification of holders of substantial interests
The Manager of the Corporation may require each policyholder to
provide to the Manager, at such times and in such manner as
prescribed by the Manager, the name of each individual that holds or
acquires a substantial beneficial interest in the policyholder.
(4) ``Substantial beneficial interest'' defined
For purposes of this subsection, the term ``substantial
beneficial interest'' means not less than 5 percent of all
beneficial interests in the policyholder.
(n) Penalties
(1) False information
If a person willfully and intentionally provides any false or
inaccurate information to the Corporation or to any insurer with
respect to an insurance plan or policy under this chapter, the
Corporation may, after notice and an opportunity for a hearing on
the record--
(A) impose a civil fine of not to exceed $10,000 on the
person; and
(B) disqualify the person from purchasing catastrophic risk
protection or receiving noninsured assistance for a period of
not to exceed 2 years, or from receiving any other benefit under
this chapter for a period of not to exceed 10 years.
(2) Assessment of penalty
In assessing penalties under this subsection, the Corporation
shall consider the gravity of the violation.
(o) Actuarial soundness
(1) Projected loss ratio as of October 1, 1995
The Corporation shall take such actions as are necessary to
improve the actuarial soundness of Federal multiperil crop insurance
coverage made available under this chapter to achieve, on and after
October 1, 1995, an overall projected loss ratio of not greater than
1.1, including--
(A) instituting appropriate requirements for documentation
of the actual production history of insured producers to
establish recorded or appraised yields for Federal crop
insurance coverage that more accurately reflect the associated
actuarial risk, except that the Corporation may not carry out
this paragraph in a manner that would prevent beginning farmers
(as defined by the Secretary) from obtaining Federal crop
insurance;
(B) establishing in counties, to the extent practicable, a
crop insurance option based on area yields in a manner that
allows an insured producer to qualify for an indemnity if a loss
has occurred in a specified area in which the farm of the
insured producer is located;
(C) establishing a database that contains the social
security account and employee identification numbers of
participating producers, agents, and loss adjusters and using
the numbers to identify insured producers, agents, and loss
adjusters who are high risk for actuarial purposes and insured
producers who have not documented at least 4 years of production
history, to assess the performance of insurance providers, and
for other purposes permitted by law; and
(D) taking any other measures authorized by law to improve
the actuarial soundness of the Federal crop insurance program
while maintaining fairness and effective coverage for
agricultural producers.
(2) Projected loss ratio as of October 1, 1998
The Corporation shall take such actions, including the
establishment of adequate premiums, as are necessary to improve the
actuarial soundness of Federal multiperil crop insurance made
available under this chapter to achieve, on and after October 1,
1998, an overall projected loss ratio of not greater than 1.075.
(3) Nonstandard classification system
To the extent that the Corporation uses the nonstandard
classification system, the Corporation shall apply the system to all
insured producers in a fair and consistent manner.
(p) Regulations
The Secretary and the Corporation are each authorized to issue such
regulations as are necessary to carry out this chapter.
(q) Purchase of American-made equipment and products
(1) Sense of Congress
It is the sense of Congress that, to the greatest extent
practicable, all equipment and products purchased by the Corporation
using funds made available to the Corporation should be American-
made.
(2) Notice requirement
In providing financial assistance to, or entering into any
contract with, any entity for the purchase of equipment and products
to carry out this chapter, the Corporation, to the greatest extent
practicable, shall provide to the entity a notice describing the
statement made in paragraph (1).
(r) Procedures for responding to certain inquiries
(1) Procedures required
The Corporation shall establish procedures under which the
Corporation will provide a final agency determination in response to
an inquiry regarding the interpretation by the Corporation of this
chapter or any regulation issued under this chapter.
(2) Implementation
Not later than 180 days after June 23, 1998, the Corporation
shall issue regulations to implement this subsection. At a minimum,
the regulations shall establish--
(A) the manner in which inquiries described in paragraph (1)
are required to be submitted to the Corporation; and
(B) a reasonable maximum number of days within which the
Corporation will respond to all inquiries.
(3) Effect of failure to timely respond
If the Corporation fails to respond to an inquiry in accordance
with the procedures established pursuant to this subsection, the
person requesting the interpretation of this chapter or regulation
may assume the interpretation is correct for the applicable
reinsurance year.
(Feb. 16, 1938, ch. 30, title V, Sec. 506, 52 Stat. 73; June 21, 1941,
ch. 214, Sec. 2, 55 Stat. 255; Aug. 1, 1947, ch. 440, Sec. 7, 61 Stat.
719; Aug. 25, 1949, ch. 512, Sec. 8, 63 Stat. 665; Pub. L. 96-365, title
I, Secs. 103, 107(a), Sept. 26, 1980, 94 Stat. 1313, 1317; Pub. L. 101-
624, title XXII, Secs. 2201(a), 2202, Nov. 28, 1990, 104 Stat. 3951,
3954; Pub. L. 102-237, title VI, Sec. 601(1), (2), Dec. 13, 1991, 105
Stat. 1878; Pub. L. 103-66, title XIV, Sec. 1403(a), Aug. 10, 1993, 107
Stat. 333; Pub. L. 103-354, title I, Secs. 104, 119(f)(1), Oct. 13,
1994, 108 Stat. 3181, 3208; Pub. L. 105-185, title V, Sec. 533, June 23,
1998, 112 Stat. 583; Pub. L. 106-224, title I, Secs. 121(b), 124(b),
June 20, 2000, 114 Stat. 377, 378.)
References in Text
Section 405(c)(2)(C)(iii) of title 42, referred to in subsec.
(m)(1), was redesignated section 405(c)(2)(C)(iv) of title 42 by Pub. L.
103-296, title III, Sec. 321(a)(9)(B), Aug. 15, 1994, 108 Stat. 1536.
Amendments
2000--Subsec. (h). Pub. L. 106-224, Sec. 124(b), added subsec. (h)
and struck out heading and text of former subsec. (h). Text read as
follows: ``The Corporation shall assemble data for the purpose of
establishing sound actuarial bases for insurance on agricultural
commodities.''
Subsecs. (q) to (s). Pub. L. 106-224, Sec. 121(b), redesignated
subsecs. (r) and (s) as (q) and (r), respectively, and struck out former
subsec. (q), which related to program compliance by insurance providers
and required notice to any provider of any error, omission, or failure
to follow Corporation regulations or procedures for which provider may
be responsible and which may result in a debt owed the Corporation.
1998--Subsec. (s). Pub. L. 105-185 added subsec. (s).
1994--Subsec. (d). Pub. L. 103-354, Sec. 119(f)(1), substituted
``1508(j)'' for ``1508(f)'' in first sentence.
Subsec. (j). Pub. L. 103-354, Sec. 104(2), added subsec. (j). Former
subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 103-354, Sec. 104(1), redesignated subsec. (j)
as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 103-354, Sec. 104(1), (3), redesignated subsec.
(k) as (l), in first sentence inserted ``, and issue regulations,''
after ``agreements'', and in second sentence substituted ``contracts,
agreements, or regulations'' for ``contracts or agreements'' wherever
appearing. Former subsec. (l) redesignated (m).
Subsec. (m). Pub. L. 103-354, Sec. 104(1), redesignated subsec. (l)
as (m). Former subsec. (m) redesignated (n).
Subsec. (n). Pub. L. 103-354, Sec. 104(1), redesignated subsec. (m)
as (n). Former subsec. (n) redesignated (o).
Subsec. (n)(1)(B). Pub. L. 103-354, Sec. 104(4), added subpar. (B)
and struck out former subpar. (B) which read as follows: ``disqualify
the person from receiving any benefit under this chapter for a period of
not to exceed 10 years.''
Subsec. (o). Pub. L. 103-354, Sec. 104(1), (5)(B), redesignated
subsec. (n) as (o) and reenacted heading without change.
Subsec. (o)(1). Pub. L. 103-354, Sec. 104(5)(B), designated existing
provisions as par. (1) and inserted heading. Former par. (1)
redesignated subpar. (A).
Subsec. (o)(1)(A). Pub. L. 103-354, Sec. 104(5)(A), (C),
redesignated former par. (1) as subpar. (A) and substituted ``(as
defined by the Secretary) from obtaining Federal crop insurance'' for
``from obtaining adequate Federal crop insurance, as determined by the
Corporation''.
Subsec. (o)(1)(B). Pub. L. 103-354, Sec. 104(5)(A), redesignated
former par. (2) as subpar. (B).
Subsec. (o)(1)(C). Pub. L. 103-354, Sec. 104(5)(A), (D),
redesignated former par. (3) as subpar. (C) and inserted ``, agents, and
loss adjusters'' after ``participating producers'' and after ``identify
insured producers''.
Subsec. (o)(1)(D). Pub. L. 103-354, Sec. 104(5)(A), redesignated
former par. (4) as subpar. (D).
Subsec. (o)(2) to (4). Pub. L. 103-354, Sec. 104(5)(A), (E), added
pars. (2) and (3) and redesignated former pars. (2) to (4) as subpars.
(B) to (D), respectively, of par. (1) and realigned their margins.
Subsecs. (p) to (r). Pub. L. 103-354, Sec. 104(6), added subsecs.
(p) to (r).
1993--Subsec. (n). Pub. L. 103-66 added subsec. (n).
1991--Subsec. (d). Pub. L. 102-237, Sec. 601(1), substituted
``section 1508(f)'' for ``section 1508(c)'' and a period for semicolon
at end.
Subsec. (m)(1). Pub. L. 102-237, Sec. 601(2), in introductory
provisions substituted ``willfully'' for ``wilfully'' and in subpar. (A)
struck out ``to'' after ``exceed''.
1990--Pub. L. 101-624, Sec. 2202(b)(1), substituted ``General
powers'' for ``General powers of Corporation'' as section catchline and
struck out ``The Corporation--'' before subsec. (a).
Subsec. (a). Pub. L. 101-624, Sec. 2202(b)(2), (13), inserted
heading and ``The Corporation'' and substituted period for semicolon at
end.
Subsec. (b). Pub. L. 101-624, Sec. 2202(b)(3), (13), inserted
heading and ``The Corporation'' and substituted period for semicolon at
end.
Subsec. (c). Pub. L. 101-624, Sec. 2202(b)(4), (13), inserted
heading and ``The Corporation'' and substituted period for semicolon at
end.
Subsec. (d). Pub. L. 101-624, Sec. 2202(b)(5), inserted heading and
``The Corporation,''.
Subsec. (e). Pub. L. 101-624, Sec. 2202(b)(6), (13), inserted
heading and ``The Corporation'' and substituted period for semicolon at
end.
Subsec. (f). Pub. L. 101-624, Sec. 2202(b)(7), (13), inserted
heading and ``The Corporation'' and substituted period for semicolon at
end.
Subsec. (g). Pub. L. 101-624, Sec. 2202(b)(8), (13), inserted
heading and ``The Corporation,'' and substituted period for semicolon at
end.
Subsec. (h). Pub. L. 101-624, Sec. 2202(b)(9), (13), inserted
heading and ``The Corporation'' and substituted period for semicolon at
end.
Subsec. (i). Pub. L. 101-624, Sec. 2202(b)(10), (14), inserted
heading and ``The Corporation'' and substituted period for ``; and'' at
end.
Subsec. (j). Pub. L. 101-624, Sec. 2202(b)(11), (14), inserted
heading and ``The Corporation'' and substituted period for ``; and'' at
end.
Subsec. (k). Pub. L. 101-624, Sec. 2202(b)(12), inserted heading and
``The Corporation''.
Subsec. (l). Pub. L. 101-624, Sec. 2201(a), added subsec. (l).
Subsec. (m). Pub. L. 101-624, Sec. 2202(a), added subsec. (m).
1980--Subsec. (c). Pub. L. 96-365, Sec. 103(1), substituted ``may
purchase'' for ``may make contracts and purchase''. See subsec. (k) of
this section.
Subsec. (d). Pub. L. 96-365, Sec. 103(2), substituted provision
granting exclusive original jurisdiction to district courts of the
United States, including district courts of the District of Columbia and
of any territory or possession, for prior grant to any State court of
record having general jurisdiction or any United States district court,
authorized intervention by the Corporation in proceedings, and required
suits against the Corporation to be brought in the District of Columbia
or in district wherein plaintiff resides or is engaged in business.
Subsec. (f). Pub. L. 96-365, Sec. 103(3), substituted ``use of the
United States mails'' for ``free use of the United States mails''.
Subsec. (h). Pub. L. 96-365, Sec. 107(a), struck out authority for
conducting researches, surveys, and investigations relating to crop
insurance. See section 1508(i) of this title.
Subsec. (k). Pub. L. 96-365, Sec. 103(4), added subsec. (k).
1949--Subsec. (h). Act Aug. 25, 1949, struck out obsolete language
and included authority for a study of the possibility of developing some
type of livestock insurance.
1947--Subsec. (d). Act Aug. 1, 1947, provided for suits in State
courts of general jurisdiction or in United States district courts
regardless of amount in controversy.
1941--Subsec. (h). Act June 21, 1941, substituted ``and preparatory
to the application of the chapter to other basic commodities when so
provided by law, shall assemble data relative to field corn, for the
purpose of establishing a satisfactory actuarial basis for such
commodity'' for ``for wheat and other agricultural commodities.''
Effective Date of 1998 Amendment
Pub. L. 105-185, title V, Sec. 537, June 23, 1998, 112 Stat. 584,
provided that: ``Except as provided in section 535 [112 Stat. 583], this
subtitle [subtitle C (Secs. 531-537) of title V of Pub. L. 105-185,
amending this section and sections 1508 and 1516 of this title and
enacting provisions set out as notes under this section] and the
amendments made by this subtitle take effect on July 1, 1998.''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-354 effective Oct. 13, 1994, and applicable
to provision of crop insurance under Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) beginning with 1995 crop year, with such Act, as in
effect on the day before Oct. 13, 1994, to continue to apply with
respect to 1994 crop year, see section 120 of Pub. L. 103-354, set out
as a note under section 1502 of this title.
Effective Date of 1993 Amendment
Section 1403(c)(1) of Pub. L. 103-66 provided that: ``Except as
provided in paragraph (2), this section [amending this section and
sections 1508 and 1508a of this title] and the amendments made by this
section shall become effective on October 1, 1993.''
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-365 effective Sept. 26, 1980, see section
112 of Pub. L. 96-365, set out as a note under section 1504 of this
title.
Regulations
Section 1403(c)(2) of Pub. L. 103-66 provided that: ``Not later than
30 days after the date of enactment of this Act [Aug. 10, 1993], the
Secretary of Agriculture shall publish, for public comment, proposed
regulations to implement the amendments made by this section [amending
this section and sections 1508 and 1508a of this title].''
Transfer of Functions
Administration of program of Federal Crop Insurance Corporation
transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3,
Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set
out under section 1503 of this title.
Wartime consolidation of Federal Crop Insurance Corporation into
Agricultural Conservation and Adjustment Administration, see note set
out under section 1503 of this title.
Required Terms and Conditions of Standard Reinsurance Agreements
Pub. L. 106-224, title I, Sec. 148, June 20, 2000, 114 Stat. 394,
provided that: ``Notwithstanding section 536 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 1506
note; Public Law 105-185), the Federal Crop Insurance Corporation may
renegotiate the Standard Reinsurance Agreement once during the 2001
through 2005 reinsurance years.''
Pub. L. 105-185, title V, Sec. 536, June 23, 1998, 112 Stat. 584,
provided that:
``(a) Definitions.--In this section, the terms `approved insurance
provider' and `Corporation' have the meanings given the terms in section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)).
``(b) Terms and Conditions.--
``(1) Incorporation of amendments.--For each of the 1999 and
subsequent reinsurance years, the Corporation shall ensure that each
Standard Reinsurance Agreement between an approved insurance
provider and the Corporation reflects the amendments to the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) that are made by this
subtitle [see Effective Date of 1998 Amendment note above] to the
extent the amendments are applicable to approved insurance
providers.
``(2) Retention of existing provisions.--Except to the extent
necessary to implement the amendments made by this subtitle, each
Standard Reinsurance Agreement described in paragraph (1) shall
contain the following provisions of the Standard Reinsurance
Agreement for the 1998 reinsurance year:
``(A) Section II, concerning the terms of reinsurance and
underwriting gain and loss for an approved insurance provider.
``(B) Section III, concerning the terms for subsidies and
administrative fees for an approved insurance provider.
``(C) Section IV, concerning the terms for loss adjustment
for an approved insurance provider under catastrophic risk
protection.
``(D) Section V.C., concerning interest payments between the
Corporation and an approved insurance provider.
``(E) Section V.I.5., concerning liquidated damages.
``(c) Implementation.--To implement this subtitle and the amendments
made by this subtitle, the Corporation is not required to amend
provisions of the Standard Reinsurance Agreement not specifically
affected by this subtitle or an amendment made by this subtitle.''
Crop Insurance Provider Evaluation
Section 118 of Pub. L. 103-354 provided that:
``(a) In General.--The Comptroller General of the United States and
the Federal Crop Insurance Corporation (referred to in this section as
the `Corporation') shall jointly evaluate the financial arrangement
between the Corporation and approved insurance providers to determine
the quality, costs, and efficiencies of providing the benefits of
multiple peril crop insurance to producers of agricultural commodities
covered under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
``(b) Collection of Information and Proposals.--The Corporation
shall require private insurance providers and agents to supply, and the
private insurance providers and agents shall supply, records and
information necessary to make the determinations and evaluations
required under this section. The Corporation shall solicit from the
approved insurance providers and agents proposals for modifying or
altering the requirements, regulations, procedures, and processes
related to implementing the Federal Crop Insurance Act to reduce the
operating and administrative costs of the providers and agents.
``(c) Initial Report.--Not later than 180 days after receipt of
information and cost-reduction proposals under subsection (b), the
Corporation shall evaluate the information and proposals obtained and
report the results of the evaluation to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
``(d) Final Report.--Not later than 2 years after the date of
enactment of this Act [Oct. 13, 1994], the Comptroller General and the
Corporation shall submit a final report that provides the evaluation
required under subsection (a) to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate. In making the evaluation, the Comptroller
General and the Corporation shall--
``(1) consider the changes made by the Corporation in response
to increased program participation resulting from the enactment of
this Act;
``(2) include an evaluation and opinion of the accuracy and
reasonableness of--
``(A) the average actual costs for approved insurance
providers to deliver multiple peril crop insurance;
``(B) the cost per policy of complying with the
requirements, regulations, procedures, and processes of the
Federal Crop Insurance Act;
``(C) the cost differences for various provider firm sizes
and any business delivered by the Federal Government;
``(D) the adequacy of the standard reimbursement for
potential new providers; and
``(E) the identification of any new costs related to the
enactment of this Act not previously identified in the
information reported by the providers;
``(3) compare delivery costs of multiple peril crop insurance to
other insurance coverages that the provider may sell and determine
the extent, if any, to which any funds provided to carry out the
Federal Crop Insurance Act are being used to fund any other business
enterprise operated by the provider;
``(4)(A) assess alternative methods for reimbursing providers
for reasonable and necessary expenses associated with delivery of
multiple peril crop insurance;
``(B) recommend changes under this paragraph that reasonably
demonstrate the need to achieve the greatest operating efficiencies
on the part of the provider and the Corporation has been recognized;
and
``(C) identify areas for improved operating efficiencies, if
any, in the requirements made by the Corporation for compliance and
program integrity;
``(5) assess the potential for alternative forms of reinsurance
arrangements for providers of different firm sizes, taking into
consideration--
``(A) the need to achieve a reasonable return on the capital
of the provider compared to other lines of insurance;
``(B) the relative risk borne by the provider for the
different lines of insurance;
``(C) the availability and price of commercial reinsurance;
and
``(D) any additional costs that may be incurred by the
Federal Government in carrying out the Federal Crop Insurance
Act; and
``(6) include an analysis of the effect of the current or
proposed reinsurance arrangements on providers having different
business levels.
``(e) Information.--
``(1) Privacy.--In conducting the evaluation required by this
section, the Comptroller General and the Corporation shall maintain
the privacy of proprietary information.
``(2) Subpoenas.--The Comptroller General shall have the power
to subpoena information relevant to the evaluation required by this
section from any private insurance provider. The Comptroller General
shall allow the Corporation access to the information subpoenaed
taking into consideration the necessity of preserving the privacy of
proprietary information.''
Section Referred to in Other Sections
This section is referred to in sections 1505, 1515, 1521 of this
title; title 26 section 6109; title 42 section 405.
